3Guide 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.