Greenhouse and Energy Minimum Standards (Dishwashers) Determination 2024

The determination uses several key concepts that define its regulatory scope and obligations. The foundational concept is dishwasher, defined identically to the Australian/New Zealand Standards: a machine that cleans, rinses and dries dishware, glassware, cutlery and cooking utensils by chemical, mechanical, thermal or electric means, which may or may not have a dedicated drying operation. This definition is broad enough to cover both residential and commercial units, as the instrument explicitly notes it covers household dishwashers even when used in commercial contexts. The product class is a single class covering all such dishwashers with a rated capacity of at least one place setting. Rated capacity is the maximum whole number of place settings stated by the manufacturer, as loaded per its instructions. This number feeds directly into the energy use formula. The central energy metric is projected annual energy consumption (PAEC), measured in kilowatt-hours per year and calculated under AS/NZS 2007.2:2021. The formula for compliance is PAEC ≤ 250 + (48 × rated capacity). This linear equation sets a maximum energy allowance that increases with capacity, but at a rate that may become proportionally tighter for larger machines. The star rating index is an indication of energy efficiency calculated under the standard, used on the energy rating label. The energy rating label itself is defined by reference to the standard: it must meet the test requirements, calculations, algorithms, content, format and affixing rules set out in sections 2 and 5 of AS/NZS 2007.2:2021. This label is the primary consumer information tool mandated by the instrument. Another key concept is families of models: two or more models may be treated as a family if they share the same energy performance characteristics (comparative energy consumption and star rating index), the same rated capacity, and rely on a single test report prepared before a registration application. This allows a manufacturer to test one representative model and register multiple variants, reducing testing costs. The instrument also defines GEMS retail premises: premises that are GEMS business premises under the Act (which includes places where products are supplied in trade or commerce) and where covered products are displayed for retail supply or offer. This triggers the labelling obligation. Finally, the distinction between transitional labelling and ongoing labelling is important. Models registered before commencement day may satisfy the labelling requirement by complying with either the new determination or the old determination (s 10). This grandfathers existing stock and avoids immediate relabelling costs, but only until the registration is varied or cancelled. The concept of the old determination (the 2015 version) is relevant for that transition. The instrument also incorporates by reference the Australian/New Zealand Standards AS/NZS 2007.1:2021 and AS/NZS 2007.2:2021 as in force on the day the instrument was made (10 September 2024). This fixes the version of the standards, avoiding automatic updates that could shift compliance requirements without regulatory amendment.

The determination directly affects several groups along the supply chain. Manufacturers and importers of electric household dishwashers are the primary duty holders: they must ensure that each model they supply in Australia meets the energy use, labelling, and performance requirements, and that the model is registered with the GEMS Regulator. This covers all entities that manufacture in Australia or import dishwashers, regardless of the intended end user (domestic or commercial). Retailers and other suppliers are affected by the labelling obligation at the point of retail supply: they must display or accompany the product with an energy rating label if the product is offered for supply at GEMS retail premises. This includes physical stores, but the definition of GEMS business premises may extend to online retail where products are displayed for supply; the instrument does not expressly limit the obligation to brick and mortar premises. Wholesalers and distributors may also be caught if they are considered to be supplying in the course of trade. The transitional provisions (s 10) benefit suppliers of models that were registered under the old determination before the commencement day: they can choose to comply with either the old or new labelling requirements for those products, reducing immediate compliance costs. Consumers are indirectly affected: they will see a uniform energy rating label on dishwashers at retail, which may influence purchasing decisions. However, the determination also restricts choice by prohibiting the supply of models that do not meet the PAEC formula. Some lower cost, higher energy consumption models may be removed from the market, potentially raising the entry price for dishwashers, particularly in the larger capacity segment where the formula is more demanding. Businesses that use dishwashers commercially (e.g., restaurants, hotels, caterers) are also affected because the instrument covers household dishwashers used in commercial contexts, meaning they must buy models that comply, even if their energy use patterns differ from residential use. The GEMS Regulator is responsible for enforcement, including monitoring compliance, issuing infringement notices, and pursuing civil or criminal penalties under the Act. Registration costs and testing costs fall on manufacturers and importers, who may pass these on to downstream purchasers. The families of models provision (s 12) reduces the cost burden for manufacturers with multiple similar models by allowing a single test report, but they must declare the family to the Regulator and meet the common characteristics test. Small or niche manufacturers who produce low volume, specialised dishwashers may face disproportionately high compliance costs relative to sales, potentially exiting the market or limiting their model range. The 12 month commencement delay gives affected parties time to adjust, but for models already on the market that fail the new formula, the supplier must cease supply after commencement unless they modify the product or apply for an exemption (which is not provided for in this instrument but may be available under the Act).

The determination imposes several duties on persons who supply dishwashers covered by this instrument. The most significant duty is the energy use obligation: a supplier must ensure that each dishwasher’s PAEC does not exceed the formula limit (250 + 48 × rated capacity). This duty is enforced through the registration requirement, as a model cannot be supplied unless it is registered, and registration requires evidence of compliance with the GEMS level requirements. The second duty is to comply with the performance requirements specified in s 11: the product must meet the washing index and drying index thresholds set out in AS/NZS 2007.2:2021 and correctly state its rated capacity. These are additional to energy performance, meaning a dishwasher could satisfy the PAEC formula but still be non-compliant if it dries poorly. The third duty is the labelling obligation: at the time of retail supply or offer at GEMS retail premises, an energy rating label meeting the standard’s format must accompany the product or its packaging. This duty is triggered at the retail level, so manufacturers and importers must ensure labels are affixed and accurate, while retailers must ensure they are displayed. The labelling duty does not apply to supply that is not at retail premises (e.g., wholesale supply to a retailer), but the label must ultimately be present at retail. The fourth duty is to ensure that testing is conducted in accordance with the specified standard (AS/NZS 2007.2:2021 s 2 for energy and labelling; for performance, the testing requirements are the same as the performance clauses referenced: 3.2, 3.3, 3.5). A supplier who relies on a test report from an accredited laboratory must keep that report as evidence. The instrument also creates rights in relation to families of models: a manufacturer may declare a family and rely on a single test report for multiple models, provided they share the same energy and physical characteristics (including rated capacity) and the test report predates the application for registration for each model. This right reduces testing costs but requires careful documentation. Additionally, the transitional labelling provision (s 10) gives a right to choose between compliance with the new determination’s labelling requirements or the old determination’s requirements, for models registered before commencement day. This right is limited to models for which a registration is in force; if registration lapses or is cancelled, the right may end. Section 14 provides that registration under the old determination is not affected; effectively, the model is deemed registered under the new determination. This preserves the right to continue supplying those models without re-registration, as long as the model still meets the old determination’s requirements (which are superseded but deemed compatible). There is no general grandfathering of non-compliant models: only models that were registered under the old determination are protected, and even then they must meet the old determination’s requirements. A supplier cannot rely on the transitional labelling to avoid the energy use or performance duties; those duties apply to all supply on or after commencement, regardless of when the model was registered.

The determination itself does not create penalties; it is a delegated legislative instrument that sets technical requirements. Penalties and enforcement powers arise from the Greenhouse and Energy Minimum Standards Act 2012, which is the parent Act. The Act provides for civil and criminal penalties for contravening GEMS level requirements, GEMS labelling requirements, and other GEMS requirements specified in a determination. Because this determination specifies those requirements (ss 8, 9, 11), a breach of any of those provisions is a breach of the Act. The Act includes maximum penalties of up to 500 penalty units for an individual and 5,000 penalty units for a body corporate for supplying a non-compliant product (s 31). Additional penalties apply for false or misleading labelling, failure to register, and failure to keep records. The GEMS Regulator (the Secretary of the Department of Climate Change, Energy, the Environment and Water, or a delegate) has enforcement powers including issuing infringement notices (on the spot fines), accepting enforceable undertakings, seeking injunctions, and pursuing prosecution. The determination does not set any specific penalty amounts; it merely triggers the Act’s penalty provisions. Enforcement risk is concentrated on suppliers who do not comply with the PAEC formula, the labelling requirements, or the performance standards. The transitional provisions (s 10) do not provide a defence for non-compliance with energy use or performance requirements; they only relax labelling. Therefore, a model that was registered under the old determination but fails the new PAEC formula cannot legally be supplied after commencement, even if the registration is still in force. The instrument is silent on the consequences of non-compliance with the families of models conditions, but s 28 of the Act allows the Regulator to cancel or vary registration if the family no longer satisfies the requirements. There is no specific penalty for incorrectly declaring a family. The testing requirements are mandatory: if a test is not conducted in accordance with the specified standard, the product may be deemed non-compliant even if the result would be the same. The Regulator may require production of test reports. The Act allows the Regulator to conduct its own tests and recover costs. The determination also incorporates the Australian/New Zealand Standards by reference, making non-compliance with any mandatory clause of those standards a breach, provided the instrument references it. The standards themselves may include mandatory requirements beyond those specifically cited (e.g., the test method for PAEC includes many provisions; not following any part of that method could invalidate the result). This creates a trap: a supplier who follows the formula but uses a non-standard test method may be in breach. Enforcement likely focuses on market surveillance, complaints, and random testing. The 12 month delay before commencement gives the Regulator time to educate and for suppliers to adjust, but once it commences, strict liability applies.

This determination operates under the Greenhouse and Energy Minimum Standards Act 2012 and is a GEMS determination as defined in that Act. It is subordinate legislation that sets specific requirements for dishwashers within the broader GEMS scheme. The Act overrides any inconsistent state or territory laws but does not affect other Commonwealth laws. For instance, the Competition and Consumer Act 2010 (including the Australian Consumer Law) also applies to dishwashers: a product that complies with this determination may still be subject to safety standards, information standards, or guarantees under the ACL. The energy rating label mandated here may also need to comply with the trade practices provisions regarding false or misleading representations. The interaction with state and territory energy efficiency schemes (such as the Victorian Energy Upgrades program or the NSW Energy Savings Scheme) is indirect: they may recognise GEMS registration for creating certificates or impose additional requirements. The determination does not affect those schemes. The instrument incorporates AS/NZS 2007.1:2021 and AS/NZS 2007.2:2021 by reference. These standards are copyright Standards Australia Limited; the instrument grants a licence to use the instrument (including the standards content) for non-commercial purposes and for compliance, but the full standards must be purchased separately. This creates a compliance cost not just of time but of purchasing the standards. The determination does not interact with any other GEMS determinations covering different products (e.g., refrigerators, air conditioners) because product classes are distinct. However, if a dishwasher also functions as a wine cooler or other appliance, it might fall under multiple determinations; the instrument does not address this, but the Act allows for multiple determinations to apply. The old determination (2015) is repealed, but s 14 of this instrument saves registrations under the old determination, effectively treating them as registrations under this instrument. This means the old determination continues to have indirect effect for maintaining those registrations, but its substantive requirements are replaced. The Act provides for transitional regulations and savings instruments; this determination is one such instrument. The instrument also interacts with the Regulator’s power to grant exemptions under the Act (not mentioned in the instrument). Any exemption granted by the Minister would override the determination’s requirements. The interaction with trade agreements is not addressed, but the GEMS Act aims to align with international standards to the extent possible, though this determination references only Australian/New Zealand Standards. Finally, the determination does not affect any contractual obligations: a supplier may be in breach of a contract if they supply a non compliant product, but that is a private law matter. The determination creates a statutory duty that may give rise to a cause of action for breach of statutory duty, though the Act is silent on a private right of action. In practice, enforcement is by the Regulator.

This is a new instrument made on 10 September 2024 by the Assistant Minister for Climate Change and Energy, Josh Wilson. It commences 12 months after registration (the day after the end of that period). It replaces the Greenhouse and Energy Minimum Standards (Dishwashers) Determination 2015, which is repealed by Schedule 1. The instrument is the first replacement of the 2015 determination. It does not itself amend any other legislative instrument; it is a standalone determination. The key changes from the 2015 determination are not explicitly listed, but can be inferred from the updated references: the standards cited are now AS/NZS 2007.1:2021 and AS/NZS 2007.2:2021, whereas the 2015 determination would have referenced earlier versions (likely AS/NZS 2007.1:2005 and AS/NZS 2007.2:2005 or similar). The PAEC formula (250 + 48 × rated capacity) appears to be unchanged, as it was in the 2015 determination, but confirmation would require comparison with the repealed instrument. The definitions are updated to the current standards. The families of models provision (s 12) is more detailed than the old one? The source does not provide the old text, so we cannot compare. The transitional labelling provision (s 10) is new in the sense that it applies to the transition from the 2015 to the 2024 determination. The old determination had its own transitional arrangements when it was first made, but those are repealed. The instrument also includes a note (s 10) explaining the purpose of transitional GEMS labelling requirements under s 26(2)(c) of the Act, which was likely absent from the 2015 determination. The instrument is made under s 35 of the Act, which specifically allows for revocation and replacement. The amendment history of the Act itself is beyond the scope of this instrument, but the determination’s provisions remain stable unless later amended. Future amendments could be made by new determinations under s 35. The current instrument does not include any sunset or review clause, so it remains in force until replaced or revoked. Given the typical cycle of about 9 years (2015 to 2024), the next update may be around 2033, but that is speculation. The instrument was registered on an unknown date (the commencement is tied to 12 months after registration). It was made on 10 September 2024, so registration likely occurred around that date, meaning commencement would be around September 2025.

The source text does not refer to any litigation. There is no mention of court cases, tribunal decisions, or enforcement actions. This is a new instrument, so no litigation has yet arisen under it. The parent Act, the Greenhouse and Energy Minimum Standards Act 2012, has generated some administrative appeals and judicial review cases, but none specific to dishwashers are cited in this determination. The determination itself is technical and largely non-contentious, so litigation is likely to be rare. Potential grounds for challenge might include: error in the formula (but it is a ministerial discretion), failure to consult (if required by the Act), or conflict with the incorporation of standards (copyright issues have been litigated in other contexts). The transitional provisions and registration savings may prevent disputes about retroactive application. The determination does not take away existing rights; it replaces the 2015 determination with continuity of registration. Therefore, litigation risk is low. If a supplier is penalised for non compliance with the PAEC formula, they may challenge the testing method or the Regulator’s interpretation of the standard. The determination fixes the version of the standards as at the date of making, so a change in the standard later would not affect compliance unless the determination is amended. This avoids litigation about which version applies. The definition of dishwashers may be litigated if a product is borderline (e.g., a combination microwave and dishwasher). The instrument defines a dishwasher by function; the Regulator would have to determine if a product falls within the class. The families of models provision could lead to disputes about whether models truly share the same performance characteristics; the Regulator might cancel registration if a model diverges. There is no private cause of action evident. Overall, litigation history is nil for this specific instrument. A deep dive should note that the determination is new and untested; any future challenges will likely focus on the underlying Act or the exercise of ministerial power.

Several subtle features of this determination can catch out unwary suppliers. First, the formula for PAEC compliance is straightforward, but the definition of PAEC refers to the calculation under AS/NZS 2007.2:2021, which may include assumptions about program selection, loading, water temperature, and ambient conditions. Using a different test method or a different program (e.g., eco vs intensive) could produce a PAEC that satisfies the formula on paper but is invalid because the test method was not followed. The test must be conducted per section 2 of the standard, which is a mandatory requirement. Second, the performance requirements (washing index and drying index) are separate from the energy requirement. A dishwasher that easily passes the energy formula could still be non compliant if its drying index falls below the threshold. The standard sets minimum values; the determination does not explicitly state those thresholds (they are in the standard), so a supplier must purchase the standard to know them. Third, the transitional labelling provision (s 10) only applies to models registered before commencement day. If a model was never registered under the old determination (e.g., a new model introduced after commencement but using old tooling), it cannot use the old labelling; it must comply with the new labelling immediately. Similarly, if a model’s registration under the old determination lapsed before commencement, it may not benefit from s 14 (which only saves registrations that are in force). Fourth, the families of models provision (s 12) requires that the models have the same energy performance characteristics including “comparative energy consumption” and star rating index. If two models share the same motor but different insulation, they might have different energy consumption, so they would not be in the same family. A single test report is allowed only if the models are truly identical in those respects. The test report must be prepared before the application for registration for each model; an after the fact report cannot be used. Fifth, the product class covers electric household dishwashers with rated capacity of one place setting or more, regardless of context. That includes countertop dishwashers, built in models, and commercial units that are marketed for household use. But the note says it also covers those used in a commercial context, meaning a large commercial dishwasher that is technically a “household” model (i.e., designed for residential installation) is covered, even if installed in a restaurant. However, true commercial dishwashers that exceed household size or use may fall outside the definition if they are not “household dishwashers”. The term “household” is not defined further, so there may be classification disputes. Sixth, the GEMS retail premises definition applies to any premises that are GEMS business premises under the Act at which products are displayed for retail supply. Online retail platforms may be considered premises? The Act definition might include a website if it is a place where business is conducted. If so, the labelling requirement applies to online display, which could require a digital energy rating label. The determination does not explicitly address electronic labelling; it says the label must accompany the products or their packaging. For online sales, this may be impractical, and the supplier might need to ensure the label is displayed on the webpage. Seventh, the incorporation of the standards by reference means that any amendment to the standard after the date of making is not automatically adopted. The determination references the version “as in force or existing on the day this instrument is made” (10 September 2024). This locks in the standard, which is both a protection (no surprise changes) and a trap (suppliers must comply with an older standard even if a newer, less stringent one exists). If the standard is updated, the determination must be amended to keep pace. Eighth, the energy rating label must comply with sections 2 and 5 of AS/NZS 2007.2:2021. Section 5 includes requirements for content, format, and affixing. The label must be affixed to the product or its packaging; if the product is sold without packaging (e.g., display model), the label must be on the product itself. Removing or defacing the label could be a breach. Finally, note that the determination does not include any provision for exemptions, waivers, or alternative compliance. The Act provides for exemptions by the Minister, but the determination does not mention them. A supplier cannot rely on the determination to excuse non compliance; they must go to the Act.

Compliance with this determination requires a systematic approach by manufacturers and importers. The first step is to determine whether your product falls within the scope: any electric household dishwasher with rated capacity of one or more place settings. If yes, the model must be registered under the GEMS Act. For models already registered under the 2015 determination, that registration is automatically carried over (s 14), but those models must still meet the new energy use and performance requirements after commencement. So a review of existing models against the new formula and standards is essential. The second step is to conduct testing. Testing must be performed in accordance with section 2 of AS/NZS 2007.2:2021 for energy use and for labelling, and in accordance with clauses 3.2, 3.3 and 3.5 of the same standard for performance (rated capacity, washing index, drying index). The test must be carried out on a sample that is representative of the model. The test report must be prepared before any application for registration for that model. If multiple models form a family, a single test report may suffice, but they must have the same comparative energy consumption, star rating index, and rated capacity. The family must be declared to the GEMS Regulator. Third, calculate the PAEC from the test results. Compare it to the formula: PAEC ≤ 250 + 48 × rated capacity. If the PAEC exceeds this, the model cannot be supplied; the supplier must either redesign to improve efficiency or withdraw the model. Fourth, ensure the product’s rated capacity, washing index, and drying index meet the minimum thresholds specified in the standard (the determination does not list the minima, so the standard must be obtained). Fifth, design and affix the energy rating label in accordance with section 5 of AS/NZS 2007.2:2021. The label must be affixed to the product or its packaging at the time of retail supply or offer. For online retail, the supplier should arrange for the label to be displayed digitally. Sixth, maintain records of test reports, registration documents, and any declarations of families. These records must be kept for the period required by the Act (generally 5 years). Seventh, for products that were manufactured or imported before commencement day, check if they are covered by the transitional labelling provision (s 10). If the model was registered before commencement, the supplier may choose to use the old energy rating label (from the 2015 determination) instead of the new one, but only if the product is supplied while that registration is in force. This can save relabelling costs for existing stock. However, the product must still meet the new energy and performance requirements; the transition only affects labelling. Eighth, after commencement, any new model introduced must be tested and registered under the new determination before supply. The 12 month delay allows time to test and register, but testing should begin well before the deadline given accreditation and standard purchase lead times. Ninth, monitor the GEMS Regulator’s website for guidance, enforcement priorities, and any amendments to this determination or the standards. Tenth, if any doubt exists about the correct test method or the classification of a product, seek a determination from the Regulator or engage a consultant. The cost of purchasing AS/NZS 2007.1:2021 and AS/NZS 2007.2:2021 from Standards Australia is a necessary compliance expense. Finally, consider the economic impact: compliance may increase production costs, but may also provide a marketing advantage via a higher star rating. Small suppliers should evaluate whether the volume justifies the testing costs.