Greenhouse and Energy Minimum Standards (Television) Determination 2013 (No.2)

The central concept is the definition of "television". The Determination adopts the meaning in subclause 3.1.12 of AS/NZS 62087.1:2010: an appliance for the display and possible reception of television broadcast and similar services, including devices with an inbuilt tuner, a display or monitor without an inbuilt tuner if sold in modular form (i.e. with an accompanying external television tuner), and televisions with additional functions beyond basic operation. This definition is deliberately broad, capturing most consumer televisions, but it expressly excludes two categories: televisions that do not have a tuner and are not sold in modular form, and televisions that display broadcasts by front or rear projection. The exclusion of projection televisions means that suppliers could, for example, market a projection display without a tuner as falling outside the scope, though if sold with a tuner it would likely be caught by the "sold in modular form" limb.

Another key concept is the "product class". The Determination creates a single product class for all covered televisions, as per section 5(2). This simplifies registration but means that the same energy performance threshold applies across all screen sizes and technologies within the class, which may impose proportionally higher costs on smaller screen models relative to their energy consumption.

"GEMS level requirements" refers to the energy use limits in clause 5.3 of AS/NZS 62087.2.2:2011. These are the Tier 2 MEPS values, which set maximum allowable power consumption for on-mode, standby, and off-mode. The determination does not reproduce the numerical values; they are only in the standard. The standard also includes test methods from AS/NZS 62087.1:2010. The concept of "GEMS labelling requirements" incorporates section 4 of AS/NZS 62087.2.2:2011, which mandates an energy rating label showing the energy consumption and star rating, but with two specific exclusions: (a) the sentence in clause 4.1 about base energy calculation for Australia until March 2013 is excluded because that date has passed; and (b) the words in clause B3(a)(ii) about products manufactured or imported before 1 October 2013 are excluded, removing a transitional exemption that would have allowed some products to avoid the label. The resulting label is the Tier 2 label, but an alternative transitional label (Figure B6 of Appendix B) can be used for the entire life of the Determination.

"Transitional GEMS labelling requirements" allow products registered under the 2012 Determination to use either the old Tier 1 label (from the 2012 Determination) or the new Tier 2 label. This bridges the regulatory change without forcing relabelling of existing stock, but only for those already registered.

"Families of models" is defined by reference to clause 1.6 of AS/NZS 62087.2.2:2011. This permits grouping of similar models for registration and testing, reducing compliance costs. However, the standard likely requires that the worst-case model in the family be tested, so the cheapest or most energy-intensive variant drives the result.

The primary duty-holders are the "suppliers" of televisions covered by the Determination. Under the Act, "supply" includes manufacture, import, sale, lease, hire, and even offer for supply. Therefore, any person or business that brings a covered television into the Australian market or sells one is directly affected. This includes large multinational electronics manufacturers, Australian importers, wholesalers, and retailers. The compliance burden falls most heavily on those who design or specify the product's energy performance, typically manufacturers and importers. Retailers must ensure they do not offer for sale televisions that do not carry the required energy label and that have not been registered under the GEMS scheme. In practice, retailers rely on upstream suppliers to provide compliant products, but they bear residual legal risk.

Small and medium enterprises face a disproportionate cost. Buying and reading the incorporated standards (AS/NZS 62087.2.2:2011, AS/NZS 62087.1:2010, AS/NZS 4665.1:2005) can cost several hundred dollars each plus ongoing updates. Testing a single television model to verify compliance may cost thousands of dollars at an accredited laboratory. For a business importing a niche product line with low volumes, these costs may exceed the profit margin on that line, potentially deterring entry or reducing product variety. The single product class means that a small-screen television must meet the same MEPS as a large-screen television, even if the small screen inherently consumes less power; the cost of redesigning a small screen to meet the standard might be higher on a per-unit basis.

Consumers are indirectly affected. The standards should reduce electricity consumption of televisions over the product life, lowering running costs. But the compliance costs ultimately raise the purchase price of new televisions, meaning consumers pay more upfront for a lower ongoing cost. The net effect depends on discount rates and usage patterns. The Determination may also affect the timing of new model releases: manufacturers may need to delay market entry while compliance testing is completed. The transitional labelling provisions benefit those who already hold registrations from the 2012 Determination, allowing them to use old label stock, but new entrants or new model lines face the full Tier 2 standard immediately.

Regulators at the GEMS Regulator (under the Act) are affected as they must administer the scheme, process registrations, and enforce compliance. Testing laboratories see increased demand for their services. The Determination also indirectly affects providers of standards (Standards Australia) through ongoing sales of the referenced documents.

The Determination creates several duties for suppliers. The primary duty is to ensure that each television model covered meets the GEMS level requirements set out in clause 5.3 of AS/NZS 62087.2.2:2011. This means the television must not exceed the maximum power consumption limits for on-mode, standby, and off-mode. There is a separate duty to comply with the GEMS labelling requirements: each television must carry an energy label as specified in section 4 of that standard, with the exclusions noted in section 7 of the Determination. Additionally, suppliers must comply with the performance requirements in section 8: the television must have a recommended home viewing picture mode (set as default), the user must be able to select it but not permanently disable the energy-saving features, the picture set-up menus must be implemented per the standard, the luminance in that mode must not exceed a certain threshold (tested per clause 2.4), and the television must display an on-screen warning if it is set in store mode. These performance duties affect firmware design and user interface choices.

Testing duties require that all measurements be conducted in accordance with section 3 of AS/NZS 62087.2.2:2011, which in turn references AS/NZS 62087.1:2010 for the dynamic broadcast video signal and measuring conditions. For televisions with an external power supply that can be disconnected, if the power supply is supplied with the television it must be used in testing; if not supplied, the television must be tested with a specific external power supply meeting the Energy Performance Mark III standard under AS/NZS 4665.1:2005. This imposes a duty to either include the power supply or obtain a compliant one for testing purposes.

Suppliers also have duties regarding registration. The Determination itself does not create a registration process, but the Act requires that models be registered. Section 9 of the Determination specifies the circumstances in which models are considered part of the same family of models, which simplifies registration and testing. A supplier may rely on a family of models to register multiple models with one test report, provided the conditions in AS/NZS 62087.2.2:2011 clause 1.6 are met. This is a right, not a duty.

The right to use transitional labelling is available only to those suppliers who registered products under the 2012 Determination. They may choose to apply either the old Tier 1 label (from the 2012 Determination) or the new Tier 2 label. This right reduces the cost of relabelling existing stock. However, the right does not extend to new registrations: all new models must use the Tier 2 label. The Determination also provides that registrations affected by the previous 2013 Determination are taken to be registered under this Determination, so no re-registration is required.

The Determination does not itself prescribe penalties. Instead, it sets out requirements that, if contravened, attract penalties under the GEMS Act. Under the Act, supplying a product that is covered by a Determination without meeting the GEMS level requirements or without a compliant label is an offence. The Act provides for civil penalties (pecuniary penalties) and criminal penalties in serious cases, including fines for individuals and corporations. For example, a corporation that supplies a non-compliant television may face a civil penalty of up to 600 penalty units (currently about $156,600) per contravention, and an individual up to 120 penalty units (about $31,320). Criminal penalties can be higher if intent is proven. The Act also allows for infringement notices (on-the-spot fines) and enforceable undertakings.

Enforcement is by the GEMS Regulator, who can investigate suspected breaches, require information, and issue compliance notices. The Regulator can also require a supplier to recall non-compliant products. Because the Determination incorporates standards by reference, a supplier cannot claim ignorance of the detailed technical limits; the standard is taken to be part of the law. The determination does not include any transitional period or grace period for compliance; it came into force the day after registration, so existing stock not meeting Tier 2 would become unlawfully supplied immediately unless it qualified for transitional labelling.

The practical enforcement risk depends on the Regulator's resources and monitoring. In practice, the GEMS scheme has focused on market surveillance and random testing. The costs of non-compliance include not only the penalty but also reputational damage and the cost of rectifying non-compliant stock (e.g., relabelling or removing from sale). The Determination's requirement that test results must be produced on request imposes a record-keeping burden; failure to produce records could itself be an offence under the Act.

There is a risk of unintended non-compliance due to the complexity of the incorporated standards. For example, a supplier might incorrectly apply the test method for external power supplies, leading to incorrect energy rating. Even a minor error in the energy label (e.g., wrong star rating) could be a breach. The determination does not provide a defence of reasonable mistake; the Act may have some defences, but the strict liability nature of some provisions means ignorance is no excuse.

This Determination operates under the GEMS Act 2012 and its Regulations. It is a legislative instrument that must be consistent with the Act. The Act provides overarching provisions for registration, enforcement, and penalties. The Determination is one of many product-specific determinations covering items like air conditioners, refrigerators, and lighting. For televisions, this Determination is the only relevant one. It interacts with the Act's provisions on family of models and category A products.

The Determination incorporates Australian/New Zealand Standards. Those standards may have implications under state and territory electrical safety laws. For example, AS/NZS 62087.1:2010 may also be referenced in safety regulations for electrical equipment. However, the Determination only references it for test methods; compliance with the Determination does not guarantee compliance with safety standards. Suppliers still need to meet separate electrical safety requirements (e.g., the Electrical Equipment Safety System in various states). The energy label required by this Determination is distinct from any mandatory safety or regulatory marks.

The Determination may interact with state-based energy efficiency schemes, such as the Victorian Energy Upgrades (VEU) program or the New South Wales Energy Savings Scheme. These schemes sometimes accept GEMS registration as evidence of energy performance, allowing suppliers to generate energy efficiency certificates from sales of high-efficiency televisions. The Determination's Tier 2 MEPS may set a baseline for such schemes.

There is also an interaction with trade practices and consumer law. The Competition and Consumer Act 2010 prohibits false or misleading representations about energy consumption. If a television's energy label is incorrect, the supplier could face action by the ACCC in addition to GEMS enforcement. Similarly, the guarantee of acceptable quality may be affected if the television's energy performance is misstated.

The Determination's definition of television excludes projection televisions and tuner-less displays not sold in modular form. These exclusions may create a gap: such products are not subject to the GEMS MEPS for televisions, but they might be covered by other determinations (e.g., for external power supplies or computers). Suppliers must check whether the product falls under a different product class. The exclusion also means that manufacturers could attempt to design around the determination by selling a display without a tuner separately from the tuner, but if the tuner is sold together in the same package, the "sold in modular form" clause catches it.

The Determination freezes the version of each referenced standard as at its commencement date. If a standard is amended later, the Determination does not automatically update. This means that the legal requirements may become out of step with current industry practice or with updated international standards. However, the Minister may make a new Determination to adopt newer standards. This interaction with time creates uncertainty for long-lived product lines: a model designed to meet the 2011 standard years later may still be compliant, but consumers may perceive it as less efficient than newer models designed to a later standard.

This Determination is titled "No.2" and explicitly revokes and replaces the Greenhouse and Energy Minimum Standards (Television) Determination 2013 (F2013L00630). That earlier determination had itself replaced the 2012 Determination (F2012L02115). The instrument does not show any subsequent amendments to itself. The note under the Definitions section for AS/NZS 62087.2.2:2011 indicates that the standard includes amendments up to and including Amdt 2:2012 made on 14 December 2012. Similarly, AS/NZS 4665.1:2005 includes Amdt 1:2009. So the Determination as originally made adopted the standards as amended to those dates.

Since its commencement in 2013, no amending instruments have been published on the Federal Register of Legislation that directly amend this Determination. However, the note in section 11 says that registrations affected by the previous 2013 Determination are taken to be registered against this Determination. That is a transitional provision; no further amendments are recorded.

It is important to note that the GEMS Act was amended in 2015 and 2017, but those amendments did not directly change this Determination. The Determination remains a static instrument; to update the technical standards, a new determination would be required. As of early 2025, the Australian Government has likely made more recent determinations for televisions, given that the 2013 standard is over a decade old. However, the source does not mention any replacement. For compliance purposes, a supplier should check whether a later Determination has replaced this one, because if this Determination is still in force, it is the law. The source only provides this instrument, so we cannot assume supersession.

The source does not record any litigation history concerning this Determination. It is a ministerial determination made under delegated legislation, and challenges to its validity or application would be heard by the Federal Court or the Administrative Appeals Tribunal under the GEMS Act. Possible grounds for challenge could include ultra vires (exceeding the power under the Act), failure to follow procedural requirements, or errors in incorporating standards. No reported cases citing this specific Determination are known. The GEMS Act itself has seen only a small number of enforcement actions, mostly by way of infringement notices rather than full litigation. The determination's technical nature makes it unlikely to be litigated directly; disputes are more likely to arise over compliance testing results.

The note in the instrument attributes the determination to Minister Gary Gray, dated 29 July 2013. The instrument was registered on the Federal Register of Legislative Instruments as required by the Legislative Instruments Act 2003. The source does not indicate any court proceeding that questioned the validity of this determination. If a supplier were to challenge the determination, they would need to show that the Minister acted unreasonably or that the determination is inconsistent with the Act. Given that the determination largely adopts existing industry standards, a successful challenge would be difficult. The practical litigation risk is low, but suppliers may face legal costs if they dispute enforcement action.

Several traps in this Determination could catch unwary suppliers. First, the definition of "television" is broader than what an ordinary person might think. A display or monitor without an inbuilt tuner is included if it is "sold in modular form", meaning sold with an accompanying external television tuner. So a computer monitor bundled with a USB TV tuner in one box is a television for GEMS purposes. This could catch suppliers of "monitors" who do not expect to comply with television energy standards. The trap is that the supplier must determine, from the sales configuration, whether a tuner is included in the package. If they sell a monitor and a tuner separately, that may fall outside the definition, but then the tuner itself may be a television under the same definition? The tuner is not a display, so likely not. But there is a grey area.

Second, the testing requirement for televisions with an external power supply that can be disconnected: if the power supply is not supplied with the television (e.g., the television is sold without a power supply, expecting the user to provide a standardised one), the supplier must test using an external power supply of Energy Performance Mark III within the meaning of AS/NZS 4665.1:2005. That standard is not typically used for televisions; it is for external power supplies. The supplier must obtain and test with a power supply meeting that specific mark. Failing to do so and using a different power supply could yield non-compliant test results. Also, if a television is sold with a power supply, that specific unit must be used in testing, and the test result must include the power supply's losses. This might catch suppliers who test the television alone without the power supply and then assume the power supply is separately compliant.

Third, the exclusion of the sentence in clause 4.1 of the standard about base energy consumption for Australia until 31 March 2013 removes the transitional calculation that applied to older models. If a supplier uses that sentence to calculate the label energy consumption, they will be non-compliant because that part is excluded. Similarly, the exclusion of words in clause B3(a)(ii) about products manufactured or imported before 1 October 2013 removes a special exemption for earlier products. New stock must use the standard label without that exemption.

Fourth, the transitional labelling provisions apply only to products registered under the 2012 Determination. If a supplier had a model that was not registered under the 2012 Determination (e.g., a new model introduced after the 2012 Determination but before this one), they cannot use the old label. They must use the Tier 2 label from day one. The transitional label (Figure B6) can be used for any covered product, but it is an alternative to the base label, not a lower standard.

Fifth, the performance requirements in section 8 are often overlooked. The requirement for a "Recommended Home Viewing Picture Mode" that is the default and that the user cannot permanently change to a higher-energy mode is a firmware design constraint. If a television can be set to "vivid" or "sports" mode and that mode remains active after power cycling, the supplier may be in breach. Similarly, if the luminance in the recommended mode exceeds the standard's limit, the product fails. The on-screen warning when in store mode must appear; if it is suppressed after a timer, that may not comply.

Sixth, section 4(2) locks the version of any referenced document, including standards referenced in the normative references of the main standards. For example, if AS/NZS 62087.2.2:2011 references another standard for measurement, the version of that other standard as at July 2013 applies, not the latest version. Suppliers must be careful to use the correct edition of all subordinate standards when setting up test procedures, or the test may be invalid.

Seventh, the Determination says it covers televisions designed to be connected to 230 or 240 volts mains. That excludes televisions that are designed only for 100-120V or that require an external transformer. However, many modern televisions have switch-mode power supplies that accept 100-240V. The simple fact that a television can operate on 100-240V does not exclude it; the design must be for 230/240V. If a television is designed for multi-voltage use, it is still designed for 230/240V. The trap is for importers who import televisions originally designed for the US market (120V) but with a universal power supply; these are still likely covered. The exclusion might only apply to televisions that physically cannot operate on 230/240V without damage.

Eighth, the determination creates a single product class. That means all televisions, regardless of screen size, technology (LCD, LED, OLED), and features, must meet the same MEPS. This likely penalises large-screen televisions, which consume more power, but also small-screen televisions, which may have to include expensive circuitry to reduce standby power. The single class reduces compliance flexibility and may increase costs for niche products.

Compliance begins with determining whether the product is a "television" as defined in the Determination. Check if the product has an inbuilt tuner, or is a display sold in modular form with an external tuner. If it is a projection television or lacks a tuner and is not sold in modular form, it may be excluded, but check if it falls under another GEMS determination. Once covered, the supplier must obtain the referenced standards: AS/NZS 62087.2.2:2011 (including amendments up to Amdt 2:2012), AS/NZS 62087.1:2010, and AS/NZS 4665.1:2005 (including Amdt 1:2009). These can be purchased from Standards Australia or SAI Global. Do not rely on later editions; the frozen version is the law.

The next step is to conduct energy performance testing according to section 3 of AS/NZS 62087.2.2:2011. This includes measuring on-mode power consumption using the dynamic broadcast video signals as per AS/NZS 62087.1:2010, and measuring standby and off-mode power. For televisions with an external power supply, determine whether the power supply is supplied with the product. If yes, test with that power supply. If not, obtain a power supply certified to Energy Performance Mark III under AS/NZS 4665.1:2005 and test with it. Record all test results. Compare the measured energy consumption against the limits in clause 5.3 (Tier 2 MEPS). If the product exceeds these limits, it cannot be supplied unless a family of models approach allows using the worst-case model.

The third step is to design or check the product's performance features per section 8. Ensure that the television has a recommended home viewing picture mode and that it is the default upon first use. The user must be able to select other modes, but the recommended mode must be easily reselectable, and the television must not default to a higher-energy mode after power loss. The picture set-up menus must comply with clause 2.3 of the standard. The luminance in the recommended home viewing mode must not exceed the limit in clause 2.4; test this as per section 3. If the television can be set to store mode, it must display an on-screen warning that it is in store mode, likely alerting the user that energy consumption is higher.

The fourth step is labelling. Apply the energy label as per section 4 of AS/NZS 62087.2.2:2011, but excluding the sentence in clause 4.1 about base energy consumption before 31 March 2013, and excluding the words in clause B3(a)(ii) about manufacture/import before 1 October 2013. Use the standard Tier 2 label. Alternatively, use the transitional label in Figure B6 of Appendix B, which is permitted for the entire life of the Determination. If the product was registered under the 2012 Determination, you may use either the old Tier 1 label (from the 2012 Determination) or the Tier 2 label, but not both. Ensure the label is affixed to the product or packaging as required by the standard (likely on the front of the unit or on the box). Keep records of the label design and test results.

Fifth, register the model under the GEMS Act. The Determination designates televisions as category A products, which affects the registration process and fees. Use the family of models provision in section 9 and clause 1.6 of the standard if multiple models are similar. The family must be defined such that the model with the highest energy consumption is tested; registration then covers all models in the family. Ensure that the registration is correctly linked to this Determination (the 2013 No.2 Determination). If you had a model registered under the previous 2013 Determination, no action is needed; it is automatically carried over.

Sixth, maintain compliance on an ongoing basis. Monitor any changes to the Act or to product-specific determinations that may replace this one. Although this Determination freezes standards, a new determination could adopt later standards, requiring retesting. Also, ensure that labels remain intact and legible throughout the supply chain. If you sell the same television in multiple configurations (e.g., with or without a stand), test the configuration that yields the highest energy consumption.

Finally, document everything. The GEMS Regulator may request test reports, label samples, and evidence of registration. Non-compliance can arise from failure to keep records as much as from actual product failure. Consider using an accredited test laboratory to reduce the risk of testing errors. Given the age of this Determination, suppliers should verify whether it is still in force or has been replaced. If it is still current, compliance with the 2013 standard may be relatively lenient compared to newer international standards, but the product design must still meet the specific requirements.