Greenhouse and Energy Minimum Standards (Household Refrigerating Appliances) Determination 2019

The Determination is a standards-based instrument that operates through incorporation by reference and cross-reference to the Act. Its core concepts are:

• product coverage and exclusions (s 7): the Determination covers household refrigerating appliances as defined in s 4 and in clause 1.1 of AS/NZS 4474:2018, mapped into ten product classes that correspond to Groups in Table 2.1 of AS/NZS 4474:2018 (s 7(2)). It explicitly excludes certain small, portable or specialised products (for example, caravans’ refrigerators <80 litres, portable 12/24V camping refrigerators, products under 30 litres where refrigeration is secondary, products not connectable to 230V/400V mains 50Hz, non-vapour-compression technologies, wine-only storage appliances, and stand-alone ice-makers), s 7(3)-(4).
• incorporation of technical standards (s 4, s 5, s 6): the Determination adopts AS/NZS 4474:2018 and AS/NZS IEC 62552 parts 1-3:2018 (or the IEC equivalents). It fixes the applicable version of those standards as the version that existed on the date the Determination was made (s 4 note, s 5(2)). The instrument also clarifies equivalence between references to “test standard Part 1/2/3” in AS/NZS 4474:2018 and the AS/NZS or IEC documents (s 6).
• GEMS level requirements (s 8): energy use and greenhouse gas production requirements are those in clause 4.2 of AS/NZS 4474:2018. The Determination also designates the required test methods,section 2 of AS/NZS 4474:2018, clause 4.8 (Declared Automatic Controls) and subclause 4.9.1 (Circumvention Devices),for establishing compliance with energy requirements, s 8(2).
• labelling requirements (s 9): energy rating labels must “accompany the product or its packaging” at the time of retail supply or an offer of retail supply at any GEMS retail premises (s 9(2)). The Determination defines “energy rating label” by reference to sections 2, 3 and 6 of AS/NZS 4474:2018 (s 9(8)). It also provides transitional labelling rules for models registered under the revoked 2012 Determination (s 9(4)-(7)).
• product performance tests (s 10): performance requirements are pulled directly from clauses 4.4 (Pull Down), 4.5 (Storage Test) and 4.6 (Temperature Excursions During Defrost and Recovery) of AS/NZS 4474:2018, and tests must be conducted to the procedures in section 2 and those clauses, s 10(1)-(2).
• families of models (s 11): the Determination sets objective criteria under which multiple models can be in a single “family of models” for registration purposes, requiring the same product class, the same energy performance characteristics (including comparative energy consumption and star rating index), same physical characteristics (total volume and number/configuration of compartments) and reliance on a single test report prepared prior to registration, s 11(1)-(2).
• registration and transitional effect (s 12-13, Schedule 1): all covered products are category A products (s 12). Section 13 and Schedule 1 list models whose registrations under the 2012 Determination are specifically “affected” by this Determination; an affected registration ceases to be in force when replaced (instrument notes to s 2 and s 13, and see Act s 48 as referenced in the instrument).

Conceptually, this instrument uses standards incorporation to set technical performance and labelling obligations without reprinting the technical material. It fixes particular standard versions and ties the legal obligations to clauses within those standards. That means compliance depends not only on the Determination text but also on the content and interpretation of the referenced standard clauses. The Determination repeatedly cites the Act to locate these requirements within the GEMS regime (for example, it cites the Act for the priority of interpretation, for the labelling and level requirement cross-references, and for registration consequences).

The Determination identifies and affects a set of stakeholders through direct obligations, indirect obligations, or by listing specific registrations that are altered. The core affected parties are:

• manufacturers and importers of household refrigerating appliances: they must ensure models meet the GEMS level requirements (clause 4.2 of AS/NZS 4474:2018), and that test reports supporting registrations are prepared in accordance with the referenced test standards (s 8(1)-(2), s 10(2)). Manufacturers who wish to group several models into a family for registration must ensure the models satisfy the family criteria in s 11, including reliance on a single test report prepared prior to the registration application.
• testing laboratories and consultants: the Determination mandates specific testing procedures and referenced clauses (sections 2, 4.4-4.6, 4.8, 4.9.1 of AS/NZS 4474:2018; AS/NZS IEC 62552 parts for characteristics and test methods), s 8(2), s 9(3), s 10(2). Labs must apply the versions of the standards that existed when the Determination was made (s 5(2)).
• GEMS registrants and the GEMS Regulator: model registration status is directly impacted; s 13 and Schedule 1 list many models with affected registrations, and the instrument notes that an affected registration under the 2012 Determination ceases to be in force (instrument notes to s 13 and s 2). Registrants need to manage registration applications under s 41 of the Act (the Determination requires model test reports to be prepared prior to the application, s 11(2)(d)).
• retailers and any business operating a GEMS retail premises: energy rating labels must accompany products at the time of retail supply or offer at a GEMS retail premises (s 9(2)). The Determination defines “GEMS retail premises” as premises open to the public on a regular basis used in connection with supply and where products are displayed for retail supply (s 9(8)). Retailers therefore must ensure labels are present on displayed units or their packaging.
• buyers, consumers and procurement officers: while end-users are not charged direct regulatory obligations in this instrument, they are the ultimate demand side affected by labelling and energy performance requirements that influence product availability, information at point-of-sale, and comparative energy consumption metrics (the Determination’s objective is specified energy use and labelling requirements per AS/NZS 4474:2018, s 8-9).
• secondary parties: shipping/warehousing operations, warranty service providers and installers may be affected indirectly as product design and model variants shift to meet the Determination’s requirements, and as manufacturers consolidate or alter families of models.

The Schedule (Schedule 1) is substantial and names hundreds of brand/model identifiers and registration numbers identified as “affected” (s 13 and Schedule 1). If a registrant’s model is in that list, the model’s registration under the 2012 Determination ceases to be in force when this Determination comes into effect, per the notes to s 13 and the cross-reference to s 48 of the Act. The Determination’s exclusion list (s 7(3)) narrows who is regulated: manufacturers of certain portable, vehicle‑mounted or non‑mains appliances are excluded, as are wine-only storage appliances and stand-alone ice-makers; however, wine compartments within otherwise covered household refrigerating appliances remain captured (s 7(3)(f) note).

Geographical or sectoral coverage is not restricted: the Determination expressly covers household refrigerating appliances “irrespective of the context in which they are used” (s 7 note 2), so appliances sold or used in commercial settings remain subject to the Determination if they fall within the defined product classes and are ordinarily supplied for household use.

Duties established by the Determination are expressed almost entirely by reference to the clauses and sections of the incorporated standards and by the framed obligations under the Act. Key duties are:

• meet energy use/GEMS level requirements: models covered by the Determination must meet the energy use requirements in clause 4.2 of AS/NZS 4474:2018 (s 8(1)). Compliance requires using the test procedures specified in section 2 of AS/NZS 4474:2018 and the additional clauses noted in s 8(2).
• undertake specified tests: tests for energy consumption, performance and circumvention are to be conducted consistent with section 2 of AS/NZS 4474:2018 and, where relevant, clause 4.8 (Declared Automatic Controls) and subclause 4.9.1 (Circumvention Devices) (s 8(2), s 9(3)).
• product performance tests: models must satisfy Pull Down (cl 4.4), Storage Test (cl 4.5) and Temperature Excursions During Defrost and Recovery (cl 4.6) requirements; test conduct for these is mandated as per section 2 and those clauses (s 10(1)-(2)).
• labelling: at the time of retail supply or an offer of retail supply at a GEMS retail premises, an energy rating label must accompany the product or its packaging (s 9(2)). The Determination defines “energy rating label” by reference to AS/NZS 4474:2018 sections 2, 3 and 6 (s 9(8)), which sets out determination of energy consumption, calculations for the label, and content/format/affixing rules.
• registration/registration family rules: if models are to be treated as a family of models for registration the specified criteria in s 11 must be satisfied, including reliance on a single test report prepared prior to the registration application under s 41 of the Act (s 11(2)(d)).

Rights and transitional provisions the Determination creates or recognises include:

• transitional labelling option: a product whose model was registered under either the revoked Determination or this Determination before this Determination comes into force may comply with the labelling requirement of either the revoked Determination or the new Determination while the registration remains in force, s 9(5)-(7). This is a temporal right allowing continued use of older labels for registered models during the registration’s life.
• family-of-model declaration: applicants may declare a family of models to the GEMS Regulator and, if the family meets the criteria in s 11, multiple variants can be registered on the basis of a single test report,this reduces testing and registration duplication if the criteria are satisfied.
• fixed standard versions: the Determination specifies the exact versions of the standards that apply (AS/NZS 4474:2018 and AS/NZS IEC 62552:2018 parts), s 4 and s 5(2). This gives legal certainty about which test methods apply but also freezes the applicable standard versions to those in force when the Determination was made.

Duties and rights are framed against the Act’s machinery: the Determination refers repeatedly to sections of the Act (for example, s 24-29 for level/labelling/performance delegations, s 28 for family rules, s 29 for product category, s 36 for registration effects). The Determination itself does not set sanction levels; instead, non‑compliance consequences are to be enforced under the Act and the regulator’s powers. Parties must therefore be cognisant of both the Determination and the Act’s administrative and enforcement regimes when planning compliance.

The Determination specifies substantive technical and labelling requirements but does not itself enumerate enforcement mechanisms, penalty amounts, or prosecution procedures. Enforcement and penalties arise under the Greenhouse and Energy Minimum Standards Act 2012 (the Act), which is the statutory authority the Determination relies on (the instrument is expressly made under ss 23 and 35 of the Act, s 3). The Determination repeatedly anchors obligations to Act provisions: for example, s 8 references paragraphs 24(1)(a) and 25(a)/(b) of the Act for level and testing requirements; s 9 references paragraph 24(1)(b) and section 26 of the Act for labelling; s 10 references subsection 24(2) and paragraph 27(1)(b) for performance requirements; s 11 references section 28 for family definitions; s 12 references section 29 for product category; and s 13 references section 36 for registration effects.

Concrete implications for enforcement practitioners and compliance officers from the Determination text:

• regulator role: the GEMS Regulator (established under the Act) is responsible for administering registration, determining families of models and monitoring compliance. The Determination’s criteria for families of models reference the requirement that a family be “declared to the GEMS Regulator” (s 11(1)(a)), which implies administrative approvals and potential regulator discretion in acceptance.
• test-report timing: s 11(2)(d) requires reliance on “a single test report which was prepared prior to the application for registration for the model being made under section 41 of the Act”. That timing requirement creates an enforcement lever: registrations based on test reports prepared after the registration application could be vulnerable to regulatory challenge.
• labelling at retail premises: the Determination requires an energy rating label to accompany the product or packaging “at the time of retail supply, or offer of retail supply” at a GEMS retail premises (s 9(2)). The definition of GEMS retail premises in s 9(8) draws a clear line: a breach at a premises open to the public and displaying products for retail supply triggers potential enforcement action.
• transitional compliance: the Determination allows transitional labelling compliance for models registered under the revoked 2012 Determination while the registration remains in force (s 9(5)-(7)), which limits exposure to enforcement for models in registration transition but requires attention to the registration’s in‑force status.

The Determination does not re‑state the penalties that the Act prescribes for contraventions or misstatements. To assess precise penalty exposure, one must consult the Act’s enforcement and offences provisions (for example, the Act’s sections dealing with contraventions, civil penalties and criminal offences). The Determination’s role is to define the substantive obligations; the Act prescribes the enforcement tools. Practitioners should therefore treat the Determination as setting the technical legal baseline and consult the Act and any GEMS regulatory guidance for procedures, notices, infringement notices, civil penalties and criminal offences.

Administrative and implementation enforcement risks the Determination creates include regulator discretion over family declarations, the timing requirement for test reports (s 11(2)(d)), and the need to ensure labels accompany displayed units at retail premises in line with s 9(2) and the label specifications in AS/NZS 4474:2018 section 6. Non-compliance with the technical standards (clause 4.2; clauses 4.4-4.6) would likely be treated as breaches of the GEMS regime enforceable under the Act.

This Determination is an instrument under the Greenhouse and Energy Minimum Standards Act 2012 and is designed to be read and operated within that statutory framework. The Determination itself repeatedly cross-references provisions of the Act as the legal basis for the delegated technical and labelling requirements (s 3, and multiple cross-references in ss 8-13). As a delegated instrument, its legal effect depends on the Act’s administrative and enforcement architecture: registration processes (s 41 of the Act is referenced in s 11(2)(d)), the treatment of revoked and replacement determinations (s 2 note referencing ss 34-35 of the Act and the instrument’s revocation of the 2012 Determination), and registration consequences under s 36 and s 48 of the Act (s 13 and instrument notes).

The Determination relies on external technical standards that are not reproduced in full. It incorporates AS/NZS 4474:2018 and AS/NZS IEC 62552 parts 1-3:2018 (or the IEC equivalents) and fixes the versions that apply as those in force on the date the Determination was made (s 4 note, s 5(2)). That creates a legal interaction between the delegated legislative instrument and privately produced standards published by Standards Australia and the IEC. Practically, regulated parties must obtain and apply those standards to determine their obligations. The Determination’s approach therefore ties regulatory obligations to technical documents that are produced outside the statute and may be subject to commercial licensing and access costs.

Other interactions explicitly stated in the Determination:

• replacement and transition: the instrument revokes the 2012 Determination and replaces it (s 2(b)-(c)). The instrument also sets transitional labelling arrangements where registrations pre-exist the commencement of this Determination (s 9(4)-(7)). That means the legal regime for a model can change according to its registration history, and transitional rights depend on the registration being in force.
• coverage across contexts: the Determination states it covers household refrigerating appliances “irrespective of the context in which they are used,” including commercial use (s 7 note 2). This is an interaction with how other regulatory instruments might treat commercial appliances; GEMS coverage is not limited by the product’s point of use.
• standards equivalence: s 6 clarifies that references in AS/NZS 4474:2018 to “test standard Part 1/2/3” can be understood as either the Australian/New Zealand adoption or the IEC equivalent. This minimises conflict where the Australian/New Zealand standard cross-references IEC parts.

What the Determination does not do: it does not attempt to displace or rewrite the general consumer protection or product safety law frameworks. It does not refer to other statute regimes (for example, the Competition and Consumer Act 2010 and the Australian Consumer Law) in this text, so any legal overlaps , such as product safety recalls, misleading representations about energy use, or labelling requirements under other laws , are not addressed here and should be considered separately. The Determination also fixes standard versions at the moment of making, so future amendments to the incorporated standards will not automatically change the legal requirements unless the Determination is itself amended or replaced.

For legal practitioners, the practical consequence is that compliance requires navigating a three‑layered legal/technical stack: the Act and the GEMS Regulator’s administrative rules; this Determination; and the incorporated technical standards (AS/NZS 4474:2018 and the AS/NZS IEC 62552 parts). Changes in any one layer (for example, a new Determination, an amendment to the Act, or an update to a referenced standard) alter the obligations, subject to the Determination’s fixed-version rule in s 5(2).

The Determination records its own creation date and its relationship to the earlier instrument rather than a multi-stage amendment log. Relevant points for an amendment history analysis are:

• date and maker: the Determination is dated 7 August 2019 and signed by the Minister for Energy and Emissions Reduction, Angus Taylor (front matter and s 3). The instrument indicates the applicable version of standards is the version existing on the date the Determination was made (s 4 note; s 5(2)).
• revocation and replacement of 2012 Determination: s 2 states that the instrument revokes the Greenhouse and Energy Minimum Standards (Household Refrigerating Appliances) Determination 2012 and replaces it (s 2(b)-(c)). The instrument’s note references ss 34-35 of the Act for the mechanics of entry into force and replacement. When a GEMS determination is revoked and replaced, the revoked determination ceases to be in force immediately before the replacement comes into force (instrument note to s 2, referencing s 35(2) of the Act).
• commencement timing mechanism: the instrument does not commence immediately on registration. Instead it “commences and comes into force on the day after the end of the period of 2 years beginning on the day this instrument is registered” (s 2(a)). That staging of commencement is an explicit part of the instrument’s life history; the actual calendar commencement date depends on the registration date (the Determination text does not reproduce the registration day).
• standards amendment window: s 4 includes a note that AS/NZS 4474:2018 includes all amendments up to and including AS/NZS 4474:2018/Amdt 1:2019 made on 15 March 2019. The Determination therefore expressly incorporates that amendment. For AS/NZS IEC 62552 parts the notes indicate these are identical adoptions of IEC 62552-1/2/3:2015. Section 5(2) fixes the applicable versions of referenced standards and related referenced documents as the versions in existence on the date the Determination was made.
• no post‑2019 amendments recorded in the instrument: the Determination text supplied does not itself contain later amending provisions. Any later amendments would appear in notations or later instruments posted in the federal register or Gazette; they are not present in this document.

Practically, stakeholders should note that the Determination’s binding technical content is tied to the versions of standards current at the making date. Subsequent updates to AS/NZS 4474 or IEC 62552 will not automatically flow into the legal obligations unless the Determination is itself amended. The Determination’s two‑year delayed commencement is also a mechanical feature of its amendment history: although made in August 2019, it does not come into force immediately on that date but only after the statutory two‑year window following registration, see s 2(a).

The Determination does not record any litigation history. It names no cases nor indicates any judicial interpretation that has been applied to its provisions. It is an administrative instrument that replaces the 2012 Determination; any legal challenges, reviews or judicial determinations that might affect its validity, interpretation or enforcement would be recorded in separate judicial records or by the courts. This Determination simply identifies the technical and administrative requirements and cross-references to the Act for the enforcement architecture.

Given the Determination repeatedly refers to the Act (for example, ss 24-29, s 36 and s 48 are referenced either directly or in the instrument notes), enquiries about litigation should be directed at reported or unreported litigation under the Act or any judicial review proceedings challenging regulator decisions (for example, challenges to registration decisions, to family-of-model determinations, or to enforcement actions). None of those are mentioned in the text provided. Practitioners seeking litigation precedent about GEMS enforcement, registration disputes, or interpretation of incorporated standard clauses must search case law under the Act and any tribunal or judicial decisions referencing AS/NZS 4474:2018, IEC 62552, or the GEMS Regulator’s decisions.

The Determination is precise in its technical references, and that precision creates practical compliance traps. The principal “gotchas” drawn from the text are:

• fixed standard versions: s 5(2) fixes the applicable version of any standard or referenced document to the version that existed on the date the Determination was made. That means later revisions of AS/NZS 4474 or IEC 62552 will not automatically alter legal obligations. Practically, a manufacturer who follows a later standard edition cannot rely on that compliance unless the Determination or the Act is amended to incorporate the later version. You must use the standard versions listed in s 4 and s 5(2).
• test-report timing for families: s 11(2)(d) requires that models in a declared family “rely on a single test report which was prepared prior to the application for registration for the model being made under section 41 of the Act.” If a registrant seeks to register a family after altering a component and produces a test report dated after the registration application, that may not satisfy s 11(2)(d). Timing matters for family-based registration economies.
• labelling at retail premises: s 9(2) requires that the energy rating label “accompany” the product or packaging at the time of retail supply or an offer of retail supply at a GEMS retail premises. The definition of GEMS retail premises (s 9(8)) emphasises premises open to the public and where products are displayed for retail supply. Two practical ambiguities follow: (i) online-only retail offers where no physical display exists may fall outside the strict definition and require separate consideration; (ii) showroom arrangements, third‑party displays or distributor displays may still be covered because the premises must be open to the public “on a regular basis” and be used in connection with supply. Retailers and online sellers should carefully assess whether their point-of-sale operations qualify as “GEMS retail premises” and how labels must be presented.
• exclusions are narrow but consequential: s 7(3) lists exclusions such as portable 12/24V products and under‑80-litre caravan products. However, the Determination expressly covers portable products with upright configurations of 80 litres or greater (s 7(3)(b) note). Wine storage appliances are excluded only if they are “specifically designed exclusively for the storage or maturation” of wine; where wine compartments exist alongside other compartment types the product remains captured (s 7(3)(f) and note). Misclassifying a model’s intended use or configuration could lead to regulatory exposure.
• standards cost and access: the Determination requires testing and labelling in accordance with AS/NZS 4474:2018 and AS/NZS IEC 62552 parts, which are published by Standards Australia and the IEC. Those standards are commercially supplied documents. The Determination’s legal obligations therefore require access to paid standards documents; failure to have the correct edition impedes compliance. The instrument’s notes emphasise availability from Standards Australia and the IEC (s 4 notes).
• complex Schedule consequences: s 13 and Schedule 1 list numerous models whose registration is “affected” by the Determination. The instrument notes that affected registrations cease to be in force (note to s 13, see Act s 48). Registrants must check Schedule 1 for any listed model and manage the administrative consequences that follow when this Determination commences. The Schedule includes multiple similar model identifiers for single registration numbers, which can cause confusion about which exact SKUs are affected.
• circumvention and declared automatic controls: the Determination references clause 4.8 (Declared Automatic Controls) and subclause 4.9.1 (Circumvention Devices) in AS/NZS 4474:2018 as part of the test and compliance regime (s 8(2), s 9(3)). Manufacturers must be careful that automated controls or user-accessible features do not fall within the standard’s definition of a circumvention device, which could invalidate energy measurements or create non-compliance.
• data used for labels: the Determination defines “energy rating label” by reference to specific calculation and format clauses in AS/NZS 4474:2018 (s 9(8)(a)-(c)). Errors in calculation, star-rating claims or label formatting are potentially actionable under the Act; the Determination does not itself list tolerances or rounding rules beyond the referenced standard text.

These are practical traps directly implied by the Determination text. Addressing them requires early coordination with accredited test labs, careful reading of the incorporated standard clauses (especially on measurement, declared automatic controls and circumvention), and attention to timing and registration documentation.

Compliance under this Determination requires an integrated technical, administrative and commercial process. The steps below follow the Determination’s structure and reference the clauses you will need to apply:

1. confirm product scope and classification

   • Read the Determination’s definition of household refrigerating appliance in s 4 and the product class mapping in s 7(2). Use Table 2.1 of AS/NZS 4474:2018 to allocate the appliance to one of the ten product classes listed in s 7(2).
   • Verify the product is not excluded under s 7(3) (for example, <80 litres caravan units, portable 12/24V camping units, <30 litres secondary function units, non‑mains appliances, non‑vapour compression cooling, wine-only storage appliances, or stand-alone ice-makers).

2. obtain and apply the correct standards editions

   • Purchase and apply AS/NZS 4474:2018 (including Amendment 1:2019 where relevant) and AS/NZS IEC 62552 parts 1-3:2018 (or have a test lab use the IEC equivalents). The Determination fixes the versions applicable as those that existed on the date the Determination was made (s 4 and s 5(2)); do not rely on later versions unless the Determination or Act has been updated.

3. perform required tests and produce test reports

   • Commission testing to the procedures in section 2 of AS/NZS 4474:2018 and the applicable subclauses and clauses referenced in s 8(2), s 9(3) and s 10(2) including clause 4.8 (Declared Automatic Controls), subclause 4.9.1 (Circumvention Devices), and clauses 4.4-4.6 (Pull Down, Storage Test, Defrost Recovery).
   • Ensure that the test report documents the comparative energy consumption, the star rating index calculations, total volume, compartment configuration and all other data that s 11(2)(b)-(c) requires for family declarations.

4. manage registration and families of models

   • If registering under the Act, prepare registration documentation under s 41 of the Act (the Determination requires that, for families, the single test report be prepared prior to the registration application, s 11(2)(d)). Declare families to the GEMS Regulator if you intend to register multiple variants on a single test report (s 11(1)-(2)).
   • Confirm whether any of your models appear in Schedule 1 (s 13). If they do, understand the administrative consequence that the prior registration under the 2012 Determination is affected and ceases to be in force when this Determination operates (instrument notes and s 13).

5. prepare and affix the energy rating label at retail

   • Produce an energy rating label that complies with the calculation, content, format and affixing requirements in AS/NZS 4474:2018 sections 2, 3 and 6, as the Determination defines “energy rating label” by reference to those sections (s 9(8)(a)-(c)).
   • Ensure at the time of retail supply or an offer of retail supply at any GEMS retail premises the energy rating label accompanies the product or its packaging (s 9(2)). For retailers, confirm that display units and packaged units bear the label as required.

6. address product performance tests and controls

   • Ensure the product satisfies Pull Down, Storage Test and Defrost/Recovery requirements in clauses 4.4-4.6 of AS/NZS 4474:2018 (s 10(1)). Implement and test any declared automatic controls consistent with clause 4.8 and document controls to avoid issues under the Circumvention Devices clause (subclause 4.9.1).

7. maintain records and timing discipline

   • Keep test reports, labelling calculations, registration documents and family declarations available for inspection and regulatory audit. Note the timing constraint in s 11(2)(d): family test reports must be prepared before the registration application is made.

8. use transitional labelling where applicable

   • If a model was registered under the revoked 2012 Determination before the new Determination comes into force, you may comply with the labelling requirement using either the old or new Determination’s labelling rules while the registration remains in force (s 9(5)-(7)). Check registration dates and act accordingly.

9. engage with the GEMS Regulator early

   • For family declarations, registration questions or to confirm whether a premises is a GEMS retail premises as defined in s 9(8), seek early contact with the GEMS Regulator. The Determination relies on regulator declarations and registration machinery; early administrative engagement reduces risk.

10. legal and commercial considerations

    • Budget for standards acquisition costs and accredited testing (the Determination references standards available from Standards Australia and the IEC, s 4 notes).
    • Review product literature and user manuals to ensure claims and user-changeable settings do not create circumvention risks under subclause 4.9.1 as adopted by the Determination.
    • For imported models, ensure the last process of manufacture and import dates are reconciled with the registration/transitional rules in s 9(6)-(7).

In short: classify the product per AS/NZS 4474:2018, test to the specified clauses and parts of the 62552 series using the editions fixed by the Determination, ensure registration and any family declarations meet the timing and content requirements in s 11, and ensure the correct energy rating label accompanies the product at retail in line with s 9 and AS/NZS 4474:2018 section 6. Where models are already registered under the revoked Determination, check transitional labelling options and whether the registration is “affected” in Schedule 1 (s 13).