11GEMS products, GEMS determinations and product classes

#### 11 GEMS products, GEMS determinations and product classes (1) A GEMS product is a product that: (a) uses energy or affects the amount of energy used by another product; and (b) is in a product class covered by a GEMS determination. (2) A GEMS determination is a determination made by the Minister under section 23 that: (a) specifies one or more classes of products (product classes) that it covers; and (b) specifies requirements for products in those product classes in accordance with Part 4. > Note: For when a GEMS determination is in force, see sections 34 and 35. (2A) For the purposes of paragraph (2)(a), a GEMS determination may specify a class of product in any way including, but not limited to, by reference to the following: (a) the function the products perform; (b) the materials from which the products are manufactured; (c) the size or capacity of the products; (d) whether the products contain a particular feature or are capable of operating in different modes; (e) the intended or expected end use of the products. (3) A single product may be in more than one product class (whether or not specified in the same GEMS determination). > Note: If a single product is in more than one product class, the product must comply with requirements under this Act for each of those product classes. > Note: For example, a product that operates both as a washing machine and as a clothes dryer would need to comply with separate requirements for washing machines (where washing machines are a product class) and clothes dryers (where clothes dryers are a product class). (4) A GEMS product in a product class covered by a GEMS determination is either a category A product or a category B product for that product class, as specified in the determination (see section 29). > Note: Different penalty levels apply for certain offences under this Act, depending on whether a product is a category A product or a category B product for a product class. (5) A replacement determination is a GEMS determination made in accordance with section 35 that specifies that it replaces another GEMS determination (a revoked determination).