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Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

Division 2—Guide to this Act

3 Guide to this Act

Overview

This Act is about promoting the development and adoption of products to reduce energy use and greenhouse gas production (see the objects in Division 3 of this Part).

This is achieved by applying greenhouse and energy minimum standards (GEMS) in association with the supply and commercial use of products that use energy, or affect the energy used by another product. These standards are provided for by requirements in Ministerial determinations (GEMS determinations).

Key concepts (Part 2)

The key concepts used in this Act are unfolded in Part 2. These include GEMS products, GEMS determinations, models of GEMS products, registration of models against GEMS determinations, and supplying (or offering to supply) GEMS products.

Supply and commercial use of products (Part 3)

Generally speaking, a product (a GEMS product) covered by a GEMS determination can only be supplied or offered for supply, or used for a commercial purpose, if:

(a) the model of the product is registered under this Act against the determination; and

(b) the product complies with the determination; and

(c) the supply, offer or use complies with the determination.

Contravention of these rules may result in prosecution for offences or exposure to liability for civil penalties.

GEMS determinations and registration (Parts 4, 5 and 6)

GEMS determinations cover different product classes. They specify requirements for energy consumption, greenhouse gas production, labelling and some other matters, including the environment and human health.

Generally speaking, all models of GEMS products must be registered on the GEMS Register to make sure they comply with relevant GEMS determinations. A senior officer of the Department (the GEMS Regulator) is responsible for the registration system and, more broadly, the administration of this Act.

Monitoring, investigation and enforcement (Parts 7 and 8)

GEMS inspectors may enter public areas of premises used in connection with the supply of GEMS products. GEMS inspectors may purchase GEMS products there (and exercise certain other powers) in order to investigate compliance with this Act.

GEMS inspectors and the GEMS Regulator have powers to monitor compliance with this Act, to monitor whether information given under this Act is correct and to investigate suspected non‑compliance with this Act. Infringement notices may be issued for suspected contraventions of civil penalty provisions of this Act. Enforceable undertakings and injunctions may be used to enforce compliance with this Act.

Details of offences, contraventions and adverse decisions, including the names of those involved, may also be publicised.

Merits review and protection of information (Parts 9 and 10)

Decisions about registration may be reviewed internally and by the Administrative Review Tribunal. The Act also protects commercially sensitive information against unauthorised disclosure.

Introductory matters (Part 1)

There is a Dictionary in Division 4 of this Part. The Dictionary is a list of every term that is defined in this Act. A term is either defined in the Dictionary itself, or elsewhere in this Act. If a term is defined elsewhere, the Dictionary includes a signpost.

The application of this Act to the Crown and in the external Territories is dealt with in Division 5 of this Part. That Division also sets out the constitutional application of this Act and provides for when this Act is intended to operate concurrently with State and Territory laws.

Division 3—Objects of this Act

4 Objects of this Act

The objects of this Act are: (a) to give effect to certain obligations that Australia has under the Climate Change Convention; and (aa) to give effect to certain obligations that Australia has under the Paris Agreement; and (ab) to facilitate the operation of an intergovernmental scheme involving the Commonwealth and one or more other participating jurisdictions in relation to equipment energy efficiency; and (ac) to promote improved energy performance through better energy use and management of the demand put on the energy system; and (b) to promote the development and adoption of products that: (i) use less energy; or (ii) produce fewer greenhouse gases; or (iii) contribute to reducing the amount of energy used, or greenhouse gases produced, by other products.

Division 4—The Dictionary and other interpretive provisions

5 The Dictionary

In this Act:

acquisition of property: see section 174.

affected:

(a) for when a model’s registration in relation to a product class is affected by a replacement determination—see subsection 13(3); and
(b) for when a person is affected by a reviewable decision—see section 164.

agency means:

(a) a Department of State; or
(b) any agency, authority or body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a State or Territory.

Australia, when used in a geographical sense, includes the external Territories.

authorised to test GEMS products in a product class: see section 125.

category A product for a product class: see subsection 11(4) and section 29.

category B product for a product class: see subsection 11(4) and section 29.

civil penalty provision has the same meaning as in the Regulatory Powers Act.

Climate Change Convention means the United Nations Framework Convention on Climate Change, done at New York on 9 May 1992, as amended and in force for Australia from time to time.

Note: The text of the Convention is set out in Australian Treaty Series 1994 No. 2 ([1994] ATS 2). In 2012, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).

Commonwealth place means a place referred to in paragraph 52(i) of the Constitution.

compliance obligation: each of the following is a compliance obligation:

(a) an offence against this Act;
(b) a civil penalty provision of this Act;
(c) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act.

constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.

constitutional trade or commerce means trade or commerce:

(a) between Australia and a place outside Australia; or
(b) among the States; or
(c) between a State and a Territory; or
(d) between 2 Territories; or
(e) within a Territory.

contact person, for a registration, means a contact person currently entered in the GEMS Register in relation to the registration.

contravene an offence or civil penalty provision has a meaning affected by section 6.

Note: The meaning of contravention is correspondingly affected (see section 18A of the Acts Interpretation Act 1901).

covered by: a product class is covered by a GEMS determination if:

(a) the GEMS determination specifies that it covers the product class (see subsection 11(2)); and
(b) the GEMS determination is in force (see sections 34 and 35).

evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.

family of models: see subsection 12(3).

foreign jurisdiction means a foreign country, or a part of a foreign country.

GEMS is short for Greenhouse and Energy Minimum Standards.

GEMS business premises means any premises that are open to the public on a regular basis and:

(a) that are used for, or in connection with, the supply of one or more GEMS products; or
(b) at which one or more GEMS products are used for a commercial purpose.

GEMS determination: see subsection 11(2) and section 23.

GEMS labelling requirements: see section 26.

GEMS level requirements: see section 25.

GEMS product: see subsection 11(1).

GEMS Register: see section 39.

GEMS Regulator: see section 70.

high efficiency level for a product class: see paragraph 27(1)(a).

import into Australia includes bring into Australia.

issuing officer means:

(a) a magistrate; or
(b) a Judge of the Federal Circuit and Family Court of Australia (Division 2); or
(c) a Judge of the Federal Court of Australia.

just terms: see section 174.

limited grandfathering period for a product class: see section 31.

manufacture, in relation to a product, means the creation of a product essentially different from the matters or substances that go into that creation, but does not include the following activities (whether performed alone or in combination with each other):

(a) restoration or renovation processes such as repairing, reconditioning, overhauling or refurbishing;
(b) minimal operations of pressing, labelling, ticketing, packaging and preparation for sale, whether conducted alone or in combination with each other;
(c) quality control inspections.

manufacturer of a product means the person who performs, or has had performed on the person’s behalf, the last process of manufacture of the product.

model: see subsection 12(2).

model identifier: see paragraph 12(2)(c).

offer to supply: see subsection 14(3).

operate: a product that uses energy operates at any time when the product is using energy.

Paris Agreement means the Paris Agreement done at Paris on 12 December 2015, as amended and in force for Australia from time to time.

Note: The Paris Agreement is in Australian Treaty Series 2016 No. 24 ([2016] ATS 24) and could in 2022 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au)

participating jurisdiction: see section 33.

person who has GEMS information: see section 122.

premises includes the following:

(a) a structure, building,

This is an opening excerpt, not the complete document.