22Guide to this Part

#### 22 Guide to this Part This Part is about how GEMS determinations are made, and the requirements (GEMS requirements) which are imposed by the determinations. Division 2 provides for GEMS determinations to be made by Ministerial determination, subject to the consent of a certain number of States and Territories to the making and replacement of GEMS determinations. GEMS determinations must contain requirements relating to energy use or greenhouse gas production (GEMS level requirements) or requirements about labelling (GEMS labelling requirements). They may also contain other requirements relating to efficiency levels, performance, the environment and human health. Division 3 provides for GEMS determinations to be updated by replacement determinations. Replacement determinations must specify whether they affect the registration of models of GEMS products. If a replacement determination affects a model’s registration, the registration ceases to be in force under Part 5 from the time the replacement determination comes into force. This might affect a person’s ability to supply or use for a commercial purpose products of the model imported into, or manufactured in, Australia after that time (see Part 3). If a replacement determination does not affect a model’s registration, the model is taken to continue to be registered against the replacement determination, and may continue to be supplied (or offered for supply) and used for commercial purposes relying on that registration. Division 4 allows product models to be exempted from requirements, or aspects of requirements, of GEMS determinations.