Greenhouse and Energy Minimum Standards (Swimming Pool Pump-units) Determination 2021

This Determination builds on four central technical and administrative concepts: product scope and classification, the WEF/MEPS framework, standardised testing and rounding, and prescriptive labelling/artwork requirements.

1. Product scope and classification

   • The Determination applies only to single‑phase pump‑units designed for pool water circulation (section 11(1)(a)-(b)). It excludes multi‑phase units. Pump‑units must be capable of a flow rate equal to or greater than 120 litres per minute (section 11(1)(c), 11(2)(a)). Nameplate input power/current ranges differ by pump classification: single‑speed units have a nameplate input power range 600-1700 W and input current 2.6-7.4 A; two/multi/variable speed units have 600-3450 W and 2.6-15 A (Table 1 in section 11). Classification of single/two/multi/variable speed is defined (section 6).
   • "Pump‑unit" is defined as the combination of electric motor, pump, hair and lint pot, controller and plumbing fittings/filters supplied with the unit (section 5). "Pump" means the hydraulic element only (section 5).

2. WEF/MEPS framework

   • The primary energy performance metric is WEF, the weighted energy factor: litres pumped per watt‑hour, calculated according to clause 3.3 of AS 5102.1‑2019 as adopted (section 14).
   • The relevant MEPS level for a product is the BaselineWEF computed by the formula printed in section 13. The Determination defines BaselineWEF and the star rating index (SRI) which compares WEFaverage to BaselineWEF via a logarithmic formula (section 22). The star rating is derived from SRI using the mapping table in section 22(2).

3. Testing and rounding

   • Testing for MEPS and labelling must follow sections 3-7 of AS 5102.1‑2019, with clause 5.9 expressly excluded for the MEPS and labelling testing requirements (sections 15, 24) but clause 5.9 is the clause used when sound power is measured for registration (see section 28). Rounding of reported numbers must conform to AS 2706‑2003, to five significant figures (sections 16, 25).

4. Labelling and information presentation

   • Energy rating labels are mandatory at retail where the product is supplied or offered for supply at a GEMS retail premises (section 19(1)), and must follow the content and format set out in Schedule 1. The label includes a star arch, numerical star rating, energy consumption (kWh/year), product brand/model/classification, test standard text and "compare models" text (Schedule 1).
   • Energy rating icons are permitted in online/print advertising and sales literature but are not mandatory; their format is set out in Schedule 2 (section 19(2), section 23).
   • The Determination tightly prescribes fonts (Gill Sans preferred; alternatives allowed), Pantone colours for printed labels and RGB equivalents for digital icons, layout diagrams and dimensions (Schedules 1 and 2, Schedule 1 sections 11-12, Schedule 2 sections 6-7).

Administrative and interpretive features:

• Applicable versions: where a standard or referenced document is incorporated, the applicable version is the one that existed on the date the Determination was made; updates to those standards are not automatically incorporated (section 7).
• Families of models for registration are permitted but constrained: models must share relevant energy and physical characteristics, be included on a single test report prepared prior to registration application, and a family must contain no more than ten models (section 8).
• The Determination designates the product category for Act administrative provisions: category A (section 9).

The Determination allocates obligations and information duties across a set of market participants and intermediaries. The principal affected parties are:

• Manufacturers and importers of single‑phase swimming pool pump‑units that fall within the defined characteristics (section 11). These parties must ensure their models meet MEPS (WEF ≥ BaselineWEF) before supply into the Australian market (sections 13-14), arrange testing according to AS 5102.1‑2019 (sections 15, 24, 29), maintain test reports, and include sound testing results in registration applications (section 28). They also must produce the energy rating label and/or ensure the icon artwork is available for permitted uses (Schedules 1-2).
• Suppliers and retailers (GEMS retail premises). A GEMS retail premises is defined by access to the public and use in connection with the supply of GEMS products (section 18). Retailers at such premises must display energy rating labels in relation to displayed units, adhere labels to packaged units or attach swing tags to unpackaged units, and ensure at least one label is clearly visible for displays (section 20). Online sellers are treated differently: energy rating icons are explicitly permitted in online or print advertising (section 19(2), section 23).
• Testing laboratories and conformity assessment bodies. The Determination delegates substantive testing methodology to AS 5102.1‑2019 (sections 15, 24, 29) and AS 2706‑2003 for rounding (sections 16, 25). Accredited test labs will be required to follow those sections and to supply test reports suitable for registration (section 8(1)(c) and section 28(1)). The Determination locks the relevant version of the standard to the version existing when the Determination was made (section 7).
• The GEMS Regulator and administrative staff. The Determination contemplates family declarations to the GEMS Regulator and registration under s 41 of the Act (section 8). The Regulator will process registration applications and assess whether the model complies with the MEPS, labelling and registration requirements. The Determination’s legal effect and enforcement are derived from the Act under which the Regulator acts (section 3).
• Pool builders, installers and specifiers. Indirectly affected because the Determination changes the set of pump‑units legally available for sale and the information available at point of sale (labels, star ratings, energy consumption). Buyers and installers will see the star ratings and energy consumption numbers required under Schedule 1 and may be affected in procurement choices (section 21-22, Schedule 1).
• Consumers/end users. They will encounter mandatory energy rating labels at retail premises and permitted icons in advertising, and can use the prescribed star rating and kWh/year numbers to compare products (sections 19-22, Schedule 1).

Other affected parties include:

• Standards developers and standards distributors: the Determination requires AS 5102.1‑2019 and AS 2706‑2003 and notes those documents are available from Standards Australia (section 4 notes).
• Software or catalogue publishers who display product technical information online: they must ensure any use of the Determination’s labels or icons complies with the permitted uses and the prescribed digital colour specifications for icons (Schedule 2 section 6(2)).

Who is explicitly outside the scope:

• Pump‑units that are not single‑phase, that have maximum flow under 120 L/min, or that fall outside the nameplate input power ranges in Table 1 are not covered (section 11(2)). This removes multi‑phase commercial pumps, certain low‑flow spa pumps and units with nameplate power below 600 W or above the limits specified.

This section translates the Determination’s prescriptive terms into the concrete duties manufacturers, importers, suppliers and retailers must carry out, and the corresponding rights they retain.

Duties on manufacturers/importers and model owners

• Ensure WEF meets MEPS: For each model, the WEF must be greater than or equal to the relevant MEPS level (BaselineWEF) calculated in accordance with section 13 (sections 13-14). WEF is defined by reference to clause 3.3 of AS 5102.1‑2019 (section 14).
• Test to AS 5102.1‑2019: Perform testing in accordance with sections 3-7 of AS 5102.1‑2019, except clause 5.9 is excluded for MEPS and labelling testing purposes (sections 15, 24). Use AS 2706‑2003 for rounding (sections 16, 25).
• Produce and maintain test documentation: Include the required test results (including sound testing results where relevant) in registration and retain test reports. If models are to be registered as a family, they must be on a single test report prepared prior to registration (section 8(1)(c), section 28(1)).
• Registration submission obligations: Include sound testing results (sound power measured in accordance with clause 5.9 of AS 5102.1‑2019) in any application to register a model with the Regulator (section 28(1)-(2)). Use the GEMS Regulator’s family declaration process if grouping models (section 8(1)).
• Labelling production: Prepare the energy rating label (Schedule 1) for each product and ensure it displays required elements: star arch, star number, energy consumption (kWh/year) calculated per section 21, product brand/model/classification, test standard text and compare models text (Schedule 1 sections 3-10). Prepare energy rating icons for permitted use in advertising (Schedule 2).
• Rounding and reporting: Round and report numeric results to five significant figures per AS 2706‑2003 (sections 16, 25).

Duties on retailers and suppliers at GEMS retail premises

• Display and affix labels: Where a covered product is supplied or offered at a GEMS retail premises, an energy rating label must be communicated and displayed clearly in relation to displayed units. If units are packaged the label must be on each package; if unpackaged the label must be adhered to the unit or attached as an approved swing tag (section 19(1), section 20(1)-(2)).
• Ensure at least one label is visible for displays including models or non‑functioning display units (section 20(2)(c) and 20(3)).

Rights and permitted actions

• Use of energy rating icon: Suppliers and advertisers may use the energy rating icon in online or print advertising; the Determination permits but does not require use of icons for advertising (section 19(2), section 23). The icon must comply with Schedule 2.
• Transitional compliance via replacement determinations: If the Determination is later revoked and replaced by another GEMS determination that contains transitional labelling provisions, compliance with the replacement requirement will be taken to satisfy the revoked requirement (section 26). This is an administrative right to rely on transitional provisions if enacted.

Interpretive and administrative obligations

• Applicable version rule: Where the Determination incorporates standards and referenced documents, the applicable version is the one in existence on the date the Determination was made; implementers must apply those specific versions (section 7). This is a duty to align testing and label declarations to the specified versions.

Duties relating to families of models

• Family composition and test reports: To treat models as a family for registration (section 28 of the Act mechanics), the models must be declared to the Regulator as a family, share the same energy performance and relevant physical characteristics, and be included on a single test report prepared prior to registration. A family cannot include more than 10 models (section 8).

Labelling prohibitions

• Advertising restrictions: Sales literature and online/print advertising may include the energy rating icon but must not include the full energy rating label (section 23(1)-(3)). This creates a clear limitation on promotional uses of the full label outside of retail premises and packaging.

Record and documentation duties

• Test reports must be prepared and retained as they are both required for registration and family formation (sections 8, 28). The Determination’s references to registration under the Act (for example s 41 referenced in s 8(1)(c)) means registration data will be submitted to the GEMS Regulator.

The Determination itself does not set monetary fines, criminal offences or detailed enforcement processes; rather it creates obligations under the Act and relies on the GEMS regulatory enforcement framework established by the Act. The Determination repeatedly cross‑refers to provisions of the Greenhouse and Energy Minimum Standards Act 2012 for its statutory backing (see section 3). From the Determination’s structure and cross‑references the following enforcement architecture and practical exposure arise.

Statutory basis and regulatory entity

• The instrument is made under s 23 of the Act (section 3). Duties placed on market participants by the Determination (MEPS, testing, labelling and registration obligations) therefore become enforceable through powers and offences set out in the Act. The Determination anticipates use of the GEMS Regulator for registration and family declarations (section 8 and references to registration under section 41 of the Act).

Likely enforcement levers (as implied by the Determination’s references)

• Registration status: Section 8 links family declarations and registration documents to the Regulator’s processes; the Regulator’s power to accept, suspend or cancel registrations under the Act will be the administrative lever to enforce compliance with test, label and registration documentation requirements. The Determination requires test reports to be prepared and lodged with registration, and sound testing results to be included (section 28).
• Retail compliance actions: The Determination requires displayed units at GEMS retail premises to have energy rating labels visible and properly affixed (section 20). non‑compliant retail displays are within the ambit of the GEMS regulatory enforcement under the Act.
• Misuse of labels and icons: The Determination prescribes exact formats for labels and icons (Schedules 1-2) and prohibits inclusion of the energy rating label in advertising (section 23(3)). The Regulator is the likely enforcement body for misrepresentation or incorrect use, through the Act’s enforcement provisions.

What is not prescribed in this Determination

• Specific penalty amounts, infringement notice amounts or criminal penalties are not included in the Determination text provided. The Determination necessarily relies on the Act for penalty mechanics (see section 3). Therefore to know exact penalties or enforcement mechanisms a reader must consult the GEMS Act 2012 and any associated regulations or enforcement policy documents.

Practical compliance risk

• Failure to meet MEPS, to provide accurate test reports, to include required sound testing in registration, or to present required labels at GEMS retail premises will create exposure to enforcement action under the Act, including de‑registration (affecting the ability to legally supply), removal orders, and pecuniary penalties if the Act provides for them. The Determination makes multiple references to registration and the GEMS Regulator (sections 8, 28) implying that market access is tied to compliance.

Record‑keeping and auditability

• Because the Determination requires detailed adherence to standards, specific label artwork and test reports, enforcement will turn on documentary evidence: test reports prepared according to AS 5102.1‑2019, rounding to AS 2706‑2003, labelled packaging and display evidence and registration documents. The s 8 requirement that family models be included on a single test report prepared prior to registration emphasises the documentary threshold for compliance (section 8(1)(c)).

The Determination is an instrument under, and operates through, the Greenhouse and Energy Minimum Standards Act 2012. It interlocks with standards and administrative regimes outside the Determination text; the interaction points are the place where compliance friction and legal coordination are most likely to arise.

Primary statutory interaction

• The Determination is expressly made under s 23 of the Act (section 3). Its obligations therefore sit within the Act’s broader scheme for MEPS and labelling, including registration, enforcement and offences which are contained in the Act rather than this Determination. Parties affected must therefore read the Determination together with the Act for the full legal obligations; the Determination itself repeatedly references specific Act provisions (for example sections 23, 24, 25, 26, 27 and 29 of the Act are cited in the Determination’s Part introductions: see sections 12, 17, 27).

Incorporation of standards

• AS 5102.1‑2019 is incorporated by reference as the operative test standard for measuring WEF and for labelling/testing procedures (sections 4, 14, 15, 24, 29). The Determination fixes the applicable version to that existing at the date the instrument was made; subsequent updates to AS 5102.1 or to referenced documents are not automatically adopted (section 7). This creates a frozen technical baseline against which models must be tested.
• AS 2706‑2003 is incorporated to prescribe rounding rules (sections 4, 16, 25). That standard governs numeric presentation of results.

Administrative law and regulatory interactions

• The Determination refers to registration under s 41 of the Act when describing the family test report requirement (section 8(1)(c)). Registration and interactions with the GEMS Regulator thus require compliance with both the Determination’s content and the GEMS Act registration process and any administrative directions or forms the Regulator issues.

Intellectual property and licensing aspects

• The Determination contains a copyright and Creative Commons notice: artwork for the energy rating labels and icons are Commonwealth trademarks and excluded from the CC licence (header text). Other parts of the Determination are licensed CC BY‑NC‑SA. This is a copyright interaction affecting reuse of the label and icon images , the actual label/icon artwork are Commonwealth trademarks and cannot be reused commercially without separate permission.

Consumer and competition law overlay (areas to check; not altered by this Determination)

• The Determination prescribes consumer‑facing information (star ratings, kWh/year). Businesses must ensure labelling and advertising comply concurrently with consumer protection laws such as the Australian Consumer Law concerning false or misleading representations. The Determination already restricts use of the full energy rating label in advertising (section 23), which must be observed alongside other advertising rules. The Determination does not itself amend consumer law.

Standard‑access practicality

• The Determination requires use of documents available from Standards Australia; those are typically paid documents (section 4 notes). Implementers must purchase or otherwise obtain the specific versions of AS 5102.1‑2019 and AS 2706‑2003 to meet testing and rounding obligations. The Determination’s section 7 locks in the versions to be used, meaning test labs and manufacturers must align to those paid standards.

Potential cross‑jurisdictional issues

• The Determination applies at Commonwealth level under the Act. It does not purport to override state or territory product safety or electrical safety rules. Suppliers should confirm that compliance with the Determination does not substitute for, or conflict with, separate obligations under state electrical safety or building codes.

This Determination was made and dated 17 December 2021 by the Assistant Minister to the Minister for Industry, Energy and Emissions Reduction (cover page). It states in section 2 that it commences on 1 October 2022. The text supplied contains no subsequent amending instruments or later dates of amendment; therefore the recorded history in this instrument is:

• Made: 17 December 2021 (cover page).
• Commencement: 1 October 2022 (section 2).

The Determination also contains an interpretive note in section 4 that subsection 7(2) of the Determination provides that the applicable version of each standard referred to is the version that existed at the date the Determination was made. Section 7 fleshes out that approach for incorporated documents and referenced documents, explicitly prioritising definitions and choosing the applicable version of standards and referenced documents as of the date the Determination was made. Practically that locks the Determination to AS 5102.1‑2019 and AS 2706‑2003 as they existed on 17 December 2021 (section 4 and section 7). Any later published edition of AS 5102.1 or AS 2706 is therefore not automatically applicable by virtue of this Determination; a formal amendment to the Determination would be required to update the referenced versions.

The Determination includes standard administrative clauses and Schedules that set detailed technical and format requirements. No amending clauses, transitional amendments, or later legislative changes are attached to the provided text. However section 26 anticipates the possibility of replacement determinations: if this Determination is revoked and a replacement determination contains a transitional GEMS labelling requirement providing equivalence, complying with the replacement labelling requirement will be taken to comply with the revoked requirement (section 26). That clause is forward‑looking and preserves potential transitions if this Determination is replaced.

For future change: because the instrument fixes the applicable versions of standards at the date of making (section 7), any substantive amendment to testing methodology, rounding, or label design that Standards Australia or other bodies issue later will require a separate amendment instrument to this Determination to change the legal test or label format. Practitioners should therefore monitor both Standards Australia publications and any amending legislative instruments by the GEMS Regulator or the responsible Minister.

The Determination text supplied does not include any litigation history, case citations, or judicial interpretations. It names no cases and contains no references to precedent or legal challenges. The instrument is a regulation under the Act and its legal effect and enforcement are to be implemented through the GEMS Regulator and the enforcement provisions of the Greenhouse and Energy Minimum Standards Act 2012 (the Act).

Because no cases are named in the Determination, there is no litigation history to report from this source. Practitioners seeking litigation history or judicial interpretation of these specific provisions would need to search subsequent decisions where the GEMS Regulator’s determinations, labelling rules, registration rejections, or enforcement actions have been challenged in court or subject to merits review. The Determination itself contains numerous references to the Act (for example its authority under s 23 in section 3 and cross‑references to parts of the Act for the specification of MEPS, labelling and other requirements in sections 12, 17 and 27), so case law about the GEMS Act more generally could be relevant to enforcement, but none is cited in the instrument.

The Determination is precise and prescriptive. The following are the specific practical pitfalls and legal friction points to watch for, grounded in the text.

1. Clause 5.9 exclusions, but sound testing required

   • Sections 15 and 24 say testing requirements are those specified in sections 3-7 of AS 5102.1‑2019 except for clause 5.9. However section 28 requires that sound testing results, including sound power measured in accordance with clause 5.9 of AS 5102.1‑2019, must be included in registration applications. In short: clause 5.9 is excluded for MEPS and labelling testing purposes but is required for registration sound reporting (sections 15, 24, 28). Practically manufacturers must ensure they obtain clause 5.9 sound testing for registration even though clause 5.9 is not part of the MEPS testing protocol for WEF and labelling. Failing to do so risks registration problems even if MEPS testing was compliant.

2. Applicable version lock‑in for standards

   • Section 7 fixes the applicable version of AS 5102.1‑2019 and any referenced documents as of the date of this Determination. That means later amendments to AS 5102.1 will not change obligations unless the Determination is itself amended. Test labs and manufacturers must use the specified version. Assuming later editions automatically apply would be an error (section 7).

3. Nameplate input power derivation

   • The Determination allows nameplate input power to be either the power shown on the unit’s rating label or, if not shown, the nameplate input current multiplied by 230V (definition in section 5). That means units with no power shown rely on a 230V assumption; if a unit is designed for nominal voltages other than 230V this may affect the BaselineWEF calculation and compliance. Practitioners should ensure nameplate data aligns with this approach to avoid unexpected MEPS breaches.

4. Single‑phase limitation

   • Only single‑phase pump‑units are covered (section 11(1)(a)). Multi‑phase commercial pumps are outside scope. A product with convertible motor wiring or variants might inadvertently fall inside or outside the Determination depending on its stated nameplate rating and product documentation.

5. Minimum flow threshold

   • Products with maximum flow rates under 120 L/min are excluded (section 11(2)(a)). Low‑flow spa pumps, or specialized circulation devices, may therefore be outside the Determination. Confirm flow specifications early.

6. Family composition and the single test report requirement

   • To register models as one family, all models must be on a single test report prepared prior to registration application and the family cannot contain more than 10 models (section 8). If a manufacturer wants to group variants, they must plan the testing and timing to ensure a single pre‑registration test report covers the family; piecemeal testing or later‑added models will not meet the family rule.

7. Labelling is mandatory only at GEMS retail premises

   • Section 19(1) makes energy rating labels mandatory only where products are supplied or offered at a GEMS retail premises (see definition in section 18). Wholesale supplies and offers of wholesale supply are not regulated by the labelling Division. For online sellers, icons are permitted in advertising but the Determination does not treat most online platforms as GEMS retail premises by default. Sellers should check whether their premises count as GEMS retail premises (public access and used for supply) to avoid misapplication of the label rules.

8. Advertising restrictions , label vs icon

   • Advertising may include the energy rating icon but must not include the full energy rating label in sales literature or online/print advertising (section 23). Incorrect use of the full label in advertising risks non‑compliance.

9. Very prescriptive artwork

   • Schedules 1 and 2 prescribe exact Pantone colours, fonts (Gill Sans preferred), angles, dimensions and layout diagrams. Small deviations may make labels non‑compliant even if numeric values are correct. For digital icons, RGB equivalents are specified (Schedule 2 section 6(2)). Ensure production quality control includes verification against the diagrams and colour profiles.

10. Rounding to five significant figures

    • The Determination specifies rounding to five significant figures in accordance with AS 2706‑2003 (sections 16, 25). This specific rounding rule can change the star rating or WEF result at the margin. Practitioners must implement the rounding rule mechanically and document it.

11. Packaging and display rules are strict

    • If units are packaged, the label must be on each package; if unpackaged, the label must be adhered to the unit or attached as an approved swing tag; displays including non‑functional models still require label compliance (section 20(2)-(3)). Handling for display-only units or catalogue samples requires planning.

12. Trademark and licence restrictions

    • The label designs are Commonwealth trademarks and excluded from the Creative Commons licence (header). Commercial reuse of label artwork outside the permitted uses may require separate permission. The Determination, however, permits use of the Determination text under CC BY‑NC‑SA for non‑commercial purposes (header).

This section provides an implementation checklist and procedural steps for manufacturers, importers, suppliers and retailers that are necessary and sufficient to align with the Determination’s obligations as stated. Every step references the relevant provisions of the Determination.

For manufacturers/importers (product owners and registrants)

1. Confirm product falls within scope

   • Verify the unit is single‑phase and designed for pool water circulation (section 11(1)(a)-(b)).
   • Verify maximum flow rate is ≥ 120 L/min (section 11(1)(c); exclusion in section 11(2)(a)).
   • Check nameplate input power/current falls within the relevant range per classification (Table 1 in section 11); if power is not shown on label, calculate nameplate input power as nameplate input current × 230V per definition in section 5.

2. Select applicable standards and versions

   • Obtain AS 5102.1‑2019 and AS 2706‑2003 from Standards Australia (section 4 note; section 7 confirms applicable versions). Ensure test labs will use exactly the versions specified.

3. Plan and perform testing

   • Arrange testing of units in accordance with sections 3-7 of AS 5102.1‑2019 (sections 15, 24, 29). Note the Determination excludes clause 5.9 for MEPS/labelling testing but requires clause 5.9 for sound testing to be included in registration (sections 15, 24, 28).
   • Calculate WEF for each unit in accordance with clause 3.3 of AS 5102.1‑2019 (section 14) and compute BaselineWEF using the formula in section 13. Ensure WEF ≥ BaselineWEF (section 14).
   • For labelling purposes compute projected annual energy consumption (PAEC) per section 21, and compute WEFaverage and the star rating index (SRI) and derive the star rating as per section 22.
   • Apply rounding rules to five significant figures per AS 2706‑2003 (sections 16, 25).

4. Obtain sound testing results for registration

   • Even though clause 5.9 is excluded for MEPS/labelling tests, clause 5.9 sound testing results (sound power measured in accordance with clause 5.9 of AS 5102.1‑2019) must be included with the model registration application (section 28). Engage a lab capable of clause 5.9 testing and record the sound power results.

5. Prepare registration package

   • Compile test reports, including WEF calculations, PAEC, SRI/star calculations, rounding methodology, and sound testing results (section 28(1)).
   • If registering multiple models as a family, ensure they satisfy family criteria (same energy characteristics, same relevant physical characteristics, included on a single test report prior to registration, and no more than ten models per family) and declare the family to the GEMS Regulator (section 8).

6. Produce label and icon artwork

   • Prepare energy rating labels conforming exactly to Schedule 1 (content, layout, colours, fonts and dimensions). Include star arch, star number, energy consumption, brand/model/classification, test standard text and compare models text as required (Schedule 1 sections 3-10, 11-12).
   • Prepare energy rating icons for permitted advertising conforming to Schedule 2 (Schedule 2 sections 3-7). For digital icons use the specified RGB colours (Schedule 2 section 6(2)).

7. Maintain production quality control

   • Ensure all labels printed or applied match the graphical, typographical and colour specifications in the Schedules. Small deviations may amount to non‑compliance.

For retailers and GEMS retail premises

1. Determine whether your premises are GEMS retail premises

   • Use the definition in section 18: premises open to the public on a regular basis, used for or in connection with supply of GEMS products, and where covered products are displayed (section 18). If so, labelling duties apply.

2. Label display and packaging obligations

   • Where products covered by the Determination are supplied or offered at a GEMS retail premises, ensure an energy rating label is communicated (section 19(1)). That means:
     • If units are packaged: adhere/print/part of each package (section 20(2)(b)).
     • If units are unpackaged: adhere/print/part of the unit or attach a double‑sided swing tag or non‑rotating single‑sided swing tag (section 20(2)(c)(i)).
     • Ensure at least one label is clearly visible in relation to any display of units (section 20(2)(a)).
     • For display-only models or non‑functioning display units, treat them as unpackaged units and apply labels accordingly (section 20(3)).

3. Advertising rules

   • Do not include the full energy rating label in sales literature or online/print advertising (section 23(3)). You may include the energy rating icon in such advertising (section 23(1)-(2), section 19(2)).

Cross‑cutting compliance practices

1. Document and retain test reports and label proofs

   • Keep copies of all test reports, sound testing data and labelled proofs as these will be necessary for registration and potential audits by the GEMS Regulator (sections 8, 28).

2. Reconcile nameplate data and laboratory results

   • Ensure product nameplates show input power or input current consistently with the method used to calculate nameplate input power for the BaselineWEF formula (definition in section 5 and section 13). A mismatch between nameplate information and test data can jeopardise WEF and star rating calculations.

3. Verify rounding and calculation methods

   • Implement a written calculation and rounding protocol referencing AS 2706‑2003 and document it in test reports to avoid disputes over marginal star ratings (sections 16, 25).

4. Plan product portfolio and family declarations

   • If you intend to register multiple model variants as a family, plan for a single pre‑registration test report and avoid exceeding the family limit of ten models (section 8(3)).

5. Legal and commercial review

   • Review advertising copy to avoid including the full label in ads and ensure any icon use complies with Schedule 2 (section 23). Confirm that use of label artwork does not infringe the Commonwealth trademark exclusion in the Determination’s copyright notice.

6. Monitor standards and possible amending instruments

   • Because the Determination fixes standard versions at the date made (section 7), monitor whether the Government issues an amending Determination or a replacement Determination (section 26) that updates the applicable standards or transitional labelling rules.

Checklist summary (minimum compliance items)

• Confirm product eligibility (section 11).
• Test to AS 5102.1‑2019 (sections 15, 24, 29) and compute WEF and BaselineWEF (sections 13-14).
• Ensure WEF ≥ BaselineWEF (section 14).
• Compute PAEC and star rating per sections 21-22 and apply rounding rules (sections 16, 25).
• Obtain clause 5.9 sound testing for registration (section 28).
• Prepare label and icon artwork exactly per Schedules 1-2 and apply/display as required (sections 19-20, Schedule 1, Schedule 2).
• Retain test reports and include them with registration or family declarations as required (sections 8, 28).

Adhering carefully to the specified standards, the exact label/icon artwork requirements, the rounded reporting rules, and the registration sound testing requirements will be the core compliance tasks required by this Determination.