Victorian Energy Efficiency Target Regulations 2018

Part 1—Preliminary

1 Objectives

The objectives of these Regulations are to provide for—

(a) activities that result in a reduction of greenhouse gas emissions that would not otherwise have occurred if the activities were not undertaken; and

(b) the shortfall penalty rate; and

(c) the method and variables to calculate the carbon dioxide equivalent of greenhouse gases to be reduced by a prescribed activity; and

(d) any other matter or thing authorised or required to be prescribed or necessary to be prescribed for carrying the Act into effect.

2 Authorising provision

These Regulations are made under section 75 of the Victorian Energy Efficiency Target Act 2007.

3 Commencement

(1) These Regulations (except regulations 10(3)(c) and (5), 16(4) and 25, Parts 37 to 42 of Schedule 2 and clauses 37 to 42 of Schedule 3, come into operation on 10 December 2018.

(2) Regulations 10(3)(c) and (5), 16(4) and 25, Parts 37 to 42 of Schedule 2 and clauses 37 to 42 of Schedule 3 come into operation on 1 March 2019.

4 Revocations

(1) The Victorian Energy Efficiency Target Regulations 2008[1] are revoked.

(2) The Regulations listed in Schedule 1 are revoked.

5 Definitions

In these Regulations—

accredited body*,* in relation to a product, means a body accredited under the Joint Accreditation System of Australia and New Zealand to give product certification or component certification of a product;

Reg. 5 def. of air conditioner inserted by S.R. No. 25/2023 reg. 18(a).

air conditioner has the same meaning as it has in the Greenhouse and Energy Minimum Standards (Air Conditioners up to 65kW) Determination 2019 as made under the Greenhouse and Energy Minimum Standards Act 2012 of the Commonwealth and as amended from time to time;

Reg. 5 def. of air-to-air inserted by S.R. No. 25/2023 reg. 18(a).

air-to-air has the same meaning as it has in the Greenhouse and Energy Minimum Standards (Air Conditioners up to 65kW) Determination 2019 as made under the Greenhouse and Energy Minimum Standards Act 2012 of the Commonwealth and as amended from time to time;

Reg. 5 def. of air source heat pump water heater inserted by S.R. No. 171/2021 reg. 4.

air source heat pump water heater means a heat pump water heater with an evaporator which collects latent energy and sensible heat from the atmosphere;

AMI metering installation means a remotely read interval meter that complies with the requirements set out in the Secretary's specifications for the purposes of this definition;

Reg. 5 def. of approved inverter inserted by S.R. No. 91/2025 reg. 5(a).

approved inverter means an inverter the model of which is an approved eligible model under regulation 20AC(9) of the Renewable Energy (Electricity) Regulations 2001 of the Commonwealth;

approved laboratory means a laboratory that is—

(a) accredited by the National Association of Testing Authorities; or

(b) registered by an authority recognised by the National Association of Testing Authorities under a mutual recognition agreement;

Reg. 5 def. of approved photovoltaic module inserted by S.R. No. 91/2025 reg. 5(a).

approved photovoltaic module means a photovoltaic module the model of which is an approved eligible model under regulation 20AC(10) of the Renewable Energy (Electricity) Regulations 2001 of the Commonwealth;

Building Code means the Building Code of Australia within the meaning of section 3(1) of the Building Act 1993;

category number has the meaning given by regulation 6(2)(b);

central electric resistance heater means a heater that—

(a) uses electric resistance to create heat; and

(b) is controlled from a central point; and

(c) distributes heat throughout a building or residence by pipes, cables or ducts; and

(d) is able to heat multiple rooms concurrently;

Reg. 5 def. of co‑payment amount inserted by S.R. No. 109/2024 reg. 4.

co‑payment amount for a product means the amount specified for that product, or for the class to which that product belongs, in the Secretary's specifications in accordance with regulation 35(1)(ab);

Reg. 5 def. of code of conduct inserted by S.R. No. 37/2022 reg. 5, revoked by S.R. No. 60/2023 reg. 5(b).

Reg. 5 def. of cold room inserted by S.R. No. 97/2021 reg. 4.

cold room means a refrigerated room or structure where goods are stored at temperatures below 7 degrees Celsius but does not include—

(a) a refrigerated cabinet; or

(b) equipment or a product used exclusively for medical, scientific, or research purposes; or

(c) a portable or mobile room, structure or container;

Reg. 5 def. of compact fluorescent lamp revoked by S.R. No. 93/2022 reg. 6.

Reg. 5 def. of conditioned space inserted by S.R. No. 25/2023 reg. 18(a).

conditioned space has the same meaning as it has in the Greenhouse and Energy Minimum Standards (Air Conditioners up to 65kW) Determination 2019 as made under the Greenhouse and Energy Minimum Standards Act 2012 of the Commonwealth and as amended from time to time;

control gear means a device for the control of one or more light sources but does not include a lighting control device;

Ballasts, transformers, capacitors and step-down converters such as drivers.

Reg. 5 def. of controlled heating or cooling product amended by S.R. No. 171/2021 reg. 8(1)(a), substituted by S.R. No. 25/2023 s. 18(b).

controlled heating or cooling product means any of the following products—

(a) a ducted gas heater;

(b) a central electric resistance heater that provides heating to a space with a floor area of at least 100 m2;

(c) an air-to-air air conditioner (whether ducted or otherwise) that is capable of both heating and cooling;

(d) a hard-wired electric room heater used as the main form of heating any premises;

(e) a gas or liquefied petroleum gas room heater;

(f) a refrigerative air conditioner (whether ducted or not), being an air conditioner that is only capable of cooling a conditioned space, and that is not located in—

(i) in the case of an air conditioner in residential premises, a bedroom; or

(ii) in the case of an air conditioner in business or non-residential premises, a room with an area less than 20 m2;

(g) an in-slab electric heater, being a heater that provides radiated heat to a premises through electric cabling embedded in or on top of a concrete slab;

(h) a product that—

(i) is capable of cooling or heating, or both cooling and heating, a conditioned space; and

(ii) is specified in the Secretary's specifications for the purposes of this definition;

criteria, in relation to a product category, has the meaning given by regulation 6(2)(c);

Reg. 5 def. of decommis-sion substituted by S.R. No. 25/2023 reg. 5.

decommission means—

(a) in the case of a prescribed activity for which decommissioning requirements have been specified, to comply with those requirements; or

(b) in any other case, to disable and render permanently unusable;

Reg. 5 def. of Department amended by S.R. No. 60/2023 reg. 5(a).

Department means the Department of Energy, Environment and Climate Action;

discount factor, in relation to a prescribed activity, is the factor declared under section 19(4) of the Act as applying to that activity;

Reg. 5 def. of Distribution Network Service Provider inserted by S.R. No. 91/2025 reg. 5(a).

Distribution Network Service Provider has the same meaning as it has in the National Electricity Rules;

Reg. 5 def. of downlight revoked by S.R. No. 93/2022 reg. 6.

economizer has the same meaning as in AS 1228;

electronic ballast means a mains-supplied AC to DC inverter for starting and operating one or more light sources generally at a high frequency;

Reg. 5 def. of electronic expansion valve inserted by S.R. No. 97/2021 reg. 4.

electronic expansion valve means an electrically driven device which regulates the flow of volatile refrigerant into an evaporator of a refrigeration system;

electronically commutated motor means a permanent magnet motor with electronic commutation;

energy consumer, in relation to a prescribed activity, means the person who is the consumer of electricity or gas in respect of whom a prescribed activity is undertaken within the meaning of section 16 of the Act;

ESC Internet site means the Internet site of the ESC;

ESC register means the register kept by the ESC under regulation 29;

Reg. 5 def. of evaporator inserted by S.R. No. 97/2021 reg. 4.

evaporator is a heat exchanger in which liquid refrigerant is vaporised by absorbing heat from the substance to be cooled;

Reg. 5 def. of excluded inverter inserted by S.R. No. 91/2025 reg. 5(a).

excluded inverter means an approved inverter that is subject to a determination under regulation 36(6A);

Reg. 5 def. of excluded photovoltaic module inserted by S.R. No. 91/2025 reg. 5(a).

excluded photovoltaic module means an approved photovoltaic module that is subject to a determination under regulation 36(6A);

Reg. 5 def. of extra-low voltage lighting converter revoked by S.R. No. 93/2022 reg. 6.

flue or chimney balloon means a device that, when inflated, is intended to block the movement of air in a chimney or flue;

Reg. 5 def. of flueless space heater inserted by S.R. No. 25/2023 reg. 44.

flueless space heater means an appliance that—

(a) uses gas to produce flame or heat; and

(b) is designed not to discharge its flue gases through a flue;

Reg. 5 def. of freestanding combined induction cooking product inserted by S.R. No. 109/2024 reg. 4.

freestanding combined induction cooking product means a domestic cooking appliance consisting of—

(a) an oven compartment that—

(i) is designed for the cooking or heating of food; and

(ii) uses only electric resistance to create heat; and

(b) a horizontal surface above the oven containing heating units, each of which—

(i) is designed to cook or heat food that is placed on it in a pot or pan; and

(ii) uses only electric induction to create heat;

gas/air ratio control has the same meaning as in AS 3814;

gas-fired burner means a burner within the meaning of AS 3814 but does not include a burner that uses a fuel other than a gas within the meaning of section 3(1) of the Gas Safety Act 1997;

gas-fired hot water boiler means a hot water boiler within the meaning of AS 3814 but does not include—

(a) a boiler with burners (as defined in AS 3814) that use a fuel other than a gas within the meaning of section 3(1) of the Gas Safety Act 1997; or

(b) a steam boiler as defined in AS 3814;

gas-fired steam boiler means a steam boiler within the meaning of AS 3814 but does not include—

(a) a boiler with burners (as defined in AS 3814) that use a fuel other than a gas within the meaning of section 3(1) of the Gas Safety Act 1997; or

(b) a hot water boiler or a water heater as defined in AS 3814;

gas-fired water heater means a water heater within the meaning of AS 3814 but does not include—

(a) a storage water heater or an instantaneous water heater as defined in AS 4552–2005 Gas fired water heaters for hot water supply and/or central heating published by Standards Australia on 8 December 2005 (superseded); or

(b) a storage water heater or an instantaneous water heater as defined in AS/NZS 5263.1.2;

glazing has the same meaning as in Part 1.1.1 of Volume Two of the Building Code;

hard-wired electric heater includes—

(a) a hard-wired electric convection heater; and

(b) a storage electric heater;

Reg. 5 def. of heat pump water heater inserted by S.R. No. 171/2021 reg. 4.

heat pump water heater means a water heater that uses a vapour compression cycle and which incorporates a compressor, an evaporator and a condenser that delivers heat to water either directly or indirectly;

Reg. 5 def. of home energy rating assessment inserted by S.R. No. 25/2023 reg. 24.

home energy rating assessment means an assessment and rating of the energy efficiency of a residential premises;

IEC 60034-2-1 means IEC 60034-2-1 Ed. 2.0 Rotating electrical machines–Part 2-1: Standard methods for determining losses and efficiency from tests (excluding machines for traction vehicles), published by the International Electrotechnical Commission on 27 June 2014;

Reg. 5 def. of IEC/TR 61341 revoked by S.R. No. 93/2022 reg. 6.

IEC/TS 60034-31 means IEC/TS 60034-31 Ed. 1.0 Rotating electrical machines–Part 31: Selection of energy-efficient motors including variable speed applications—Application guide, published by the International Electrotechnical Commission on 26 April 2010;

illuminance means the amount of light that falls on a surface per unit area (measured in lux);

Reg. 5 def. of incandescent GLS lamp revoked by S.R. No. 93/2022 reg. 6.

Reg. 5 def. of incandescent lamp revoked by S.R. No. 93/2022 reg. 6.

in-home display means a device situated in any premises that gives a visual indication of electricity consumption at those premises;

Reg. 5 def. of induction cooktop inserted by S.R. No. 109/2024 reg. 4.

induction cooktop means a domestic cooking appliance consisting of a horizontal surface with heating units, each of which—

(a) is designed to cook or heat food that is placed on it in a pot or pan; and

(b) uses only electric induction to create heat;

LED means light emitting diode;

LED integrated luminaire means a product that contains a LED device and the equipment required to distribute, filter or transform the light being transmitted and includes—

(a) all parts necessary for supporting, fixing and protecting the product and for connecting the product to the electricity supply; and

(b) any lighting control device for the product;

Reg. 5 def. of LED lamp with integrated driver revoked by S.R. No. 93/2022 reg. 6.

Reg. 5 def. of licensed electrician revoked by S.R. No. 93/2022 reg. 6.

Reg. 5 def. of licensed or registered plumber inserted by S.R. No. 171/2021 reg. 4.

licensed or registered plumber means a licensed plumber or registered plumber within the meaning of section 221B(1) of the Building Act 1993 who is authorised under that Act to carry out refrigerated air‑conditioning work as prescribed in the Plumbing Regulations 2018;

light output means the luminous flux emitted by a lamp or luminaire (measured in lumens);

light source means—

(a) in relation to a non-integrated luminaire, the lamp fitted to the luminaire; or

(b) in relation to a LED integrated luminaire, the whole luminaire;

light source efficacy means the initial luminous flux of a light source or the total radiant flux in the visible spectrum weighted by the spectral response of the eye, divided by the electric power that will be consumed by the light source but excluding any remote ballast and control gear power losses;

lighting control device means a device that is used to control the light output of a luminaire;

Occupancy sensors, daylight-linked controls, programmable dimmers, manual dimmers and voltage reduction units.

lighting equipment includes—

(a) lamps; and

(b) luminaires; and

(c) lighting control devices; and

(d) control gear;

listed, in relation to a product, has the meaning given by regulation 6(3);

luminaire means a non-integrated luminaire or a LED integrated luminaire;

Reg. 5 def. of mandatory consumer information inserted by S.R. No. 109/2024 reg. 4.

mandatory consumer information for a product means the information specified for that product, or for the class to which that product belongs, in the Secretary's specifications in accordance with regulation 35(1)(ac);

manual dimmer means a lighting control device that allows a user to manually control a luminaire's output using a readily accessible knob, slider or other mechanism;

Reg. 5 def. of National Electricity Rules inserted by S.R. No. 91/2025 reg. 5(a).

National Electricity Rules has the same meaning as it has in the Electricity Industry Act 2000;

Reg. 5 def. of Nationwide House Energy Rating Scheme (NatHERS) inserted by S.R. No. 25/2023 reg. 24.

Nationwide House Energy Rating Scheme (NatHERS) means the rating scheme of that name that—

(a) assesses the energy efficiency of a residential premises; and

(b) is administered by the Commonwealth Government on behalf of each State and Territory;

Reg. 5 def. of National Metering Identifier inserted by S.R. No. 91/2025 reg. 5(a).

National Metering Identifier has the same meaning as NMI has in the National Electricity Rules;

Reg. 5 def. of negotiated connection contract inserted by S.R. No. 91/2025 reg. 5(a).

negotiated connection contract has the same meaning as it has in Chapter 5A of the National Electricity Rules;

nominal gas consumption has the same meaning as in AS 3814;

Reg. 5 def. of non-integrated LED lamp revoked by S.R. No. 93/2022 reg. 6.

non-integrated luminaire means a device that distributes, filters or transforms the light transmitted from one or more lamps that are separate from the device and includes all parts necessary for fixing and protecting the lamps and for connecting the lamps to the electricity supply;

occupancy sensor means a lighting control device that uses a motion sensor to detect the presence of people in a space and adjusts the output of a luminaire in that space accordingly;

Reg. 5 def. of open-flued gas appliance inserted by S.R. No. 25/2023 reg. 44.

open-flued gas appliance means an indoor gas appliance that—

(a) uses a gaseous fuel to produce flame, heat, light, power or an aesthetic effect; and

(b) is designed to be connected to a flue system; and

(c) draws combustion air from the room or space in which it is installed;

product includes appliance, equipment and material;

product category has the meaning given by regulation 6(2)(a);

programmable dimmer means a lighting control device that can automatically select a luminaire's light output according to the time of day;

Reg. 5 def. of reflector lamp revoked by S.R. No. 93/2022 reg. 6.

Reg. 5 def. of refrigerated cabinet inserted by S.R. No. 97/2021 reg. 4.

refrigerated cabinet means a device that—

(a) consists of an insulated cabinet with an opening (whether or not the opening has a lid or a door); and

(b) is capable of attaining and maintaining a specified temperature within the insulated cabinet within a range that overlaps the range -18°C to +10°C; and

(c) is designed primarily for storage, display, or both storage and display, of chilled or frozen foodstuffs;

Reg. 5 def. of refrigeration system inserted by S.R. No. 97/2021 reg. 4.

refrigeration system means an assembly of parts used to cool a space, substance or system to lower than the ambient temperature;

Reg. 5 def. of residential premises amended by S.R. No. 171/2021 reg. 8(1)(b), substituted by S.R. No. 91/2025 reg. 5(b).

residential premises means—

(a) a building classified as a Class 1 building under Part A6 of Volume One of the Building Code; or

(b) a sole-occupancy unit in a building classified as a Class 2 building under Part A6 of Volume One of the Building Code; or

(c) a sole-occupancy unit in a building classified as a Class 3 building under Part A6 of Volume One of the Building Code; or

(d) a building classified as a Class 4 building under Part A6 of Volume One of the Building Code;

R-value means the thermal resistance (m2K/W) of a component calculated by dividing its thickness by its thermal conductivity;

Reg. 5 def. of saturation temperature inserted by S.R. No. 97/2021 reg. 4.

saturation temperature means the temperature at which a refrigerant changes between a liquid state and a vapour state;

scheduled activity premises means the following—

(a) the premises at the addresses specified in column 2 of the Table in Part 1 of Schedule 5;

(b) the premises specified in column 2 of the Table in Part 2 of Schedule 5;

(c) any other premises in relation to which there was, on 29 June 2014, an entry on the register of scheduled activities kept under section 26G of the Environment Protection Act 1970 as in force immediately before that day;

29 June 2014 is the day before the day on which section 17 of the Environment Protection and Sustainability Victoria Amendment Act 2014 came into operation. That section repealed section 26G of the Environment Protection Act 1970, under which the register of scheduled activities was kept.

Secretary means the Secretary to the Department;

Reg. 5 def. of Secretary's product list inserted by S.R. No. 109/2024 reg. 4.

Secretary's product list means the product list kept by the Secretary under regulation 37A;

Secretary's specifications means the specifications published by the Secretary under regulation 35;

sensing apparatus means the apparatus from which an in-home display is capable of obtaining the total electricity consumption information for residential premises and includes the following—

(a) an AMI metering installation;

(b) a power coil;

Reg. 5 def. of sole-occupancy unit inserted by S.R. No. 91/2025 reg. 5(a).

sole-occupancy unit has the same meaning as it has in Schedule 1 to Volume One of the Building Code;

space heating or cooling product means—

(a) a ducted gas heater; or

(b) a gas or liquefied petroleum gas room heater; or

(c) a ducted evaporative cooler; or

(d) a room air to air heat pump; or

(e) a ducted air to air heat pump; or

(f) a central electric resistance heater; or

(g) any other product designed to heat or cool spaces within premises;

specified, in Schedule 2, has the meaning given by regulation 7;

Reg. 5 def. of superheat inserted by S.R. No. 97/2021 reg. 4.

superheat, in relation to a refrigeration system, means the difference in temperature between—

(a) the saturation temperature corresponding to the pressure measured at the outlet of an evaporator of a refrigeration system; and

(b) the temperature of the refrigerant vapor when leaving the outlet of an evaporator;

Reg. 5 def. of superheat controller inserted by S.R. No. 97/2021 reg. 4.

superheat controller means a device responsive to changes of pressure or temperature or other variables for the regulation of superheat in a refrigeration system in normal operation;

supply voltage has the same meaning as in AS 60038;

T5 adaptor is a product that enables a luminaire that houses a T8 or T12 lamp to use a T5 lamp;

table of product categories has the meaning given by regulation 6(1);

tariff means tariff for the sale of electricity;

the Act means the Victorian Energy Efficiency Target Act 2007;

three-phase cage induction motor means a motor—

(a) with a rating in the range from (and including) 0·73 kW to (but not including) 185 kW; and

(b) to which the Greenhouse and Energy Minimum Standards (Three Phase Cage Induction Motors) Determination 2012 (as amended from time to time), made under section 23 of the Greenhouse and Energy Minimum Standards Act 2012 of the Commonwealth, applies;

Total U-value means the thermal transmittance (W/m2K) of the composite element allowing for the effect of any airspace and associated surface resistances;

Reg. 5 def. of tungsten filament lamp revoked by S.R. No. 93/2022 reg. 6.

Reg. 5 def. of tungsten halogen lamp revoked by S.R. No. 93/2022 reg. 6.

Type B appliance has the same meaning as in the Gas Safety Act 1997;

unlisted product means a product that is not listed on the ESC register;

voltage reduction unit means a lighting control device that reduces the voltage applied to a luminaire after the luminaire is switched on but does not include a product that adjusts the supply voltage to any premises to a specific bandwidth;

warranty against defects has the same meaning as it has in the Australian Consumer Law (Victoria);

WERS means the Window Energy Rating Scheme managed by the Australian Window Association;

window includes glass roof light, glass panel, glass block, glass brick, glazed sash, glazed part of a door or similar glass product that, when closed, transmits natural light but does not include a louvred product.

6 Products, product categories, category numbers and criteria

(1) In these Regulations, each Table in Schedule 2 that is headed "Product categories" is a table of product categories.

(2) For each item in a table of product categories—

(a) the item itself is a product category; and

(b) the category number set out in column 1 is the category number for that product category; and

(c) the criteria set out in column 2 is the criteria applying to that product category.

(3) In these Regulations, a reference to "category" followed by a category number and the word "product"—

(a) refers to a product listed on the ESC register as belonging to a product category with that category number; and

(b) unless the reference is preceded by the word "listed", also refers to an unlisted product that complies with the criteria applying to that product category.

Examples to reg. 6(3) substituted by S.R. No. 25/2023 reg. 6.

1 Listed category 1C product means a product listed on the ESC register as belonging to the product category numbered 1C.

2 Category 1C product means a listed category 1C product and also an unlisted product that complies with the criteria applying to the product category numbered 1C.

7 References in Schedule 2 to certain matters being specified

(1) In Schedule 2—

(a) a reference to a specified matter listed in subregulation (2) is a reference to that matter as set out in the Secretary's specifications; and

(b) if that reference is made in relation to a particular product, the reference is to that matter as set out in the Secretary's specifications in respect of that product.

(2) Subregulation (1) applies in relation to the following matters—

(a) decommissioning requirements;

(b) flue design requirements;

(c) heat pump modelling requirements;

Reg. 7(2)(ca) inserted by S.R. No. 25/2023 reg. 7(a).

(ca) pre-installation requirements;

(d) installation requirements;

(e) lighting equipment;

(f) maximum Total-U value;

(g) minimum annual energy savings;

(h) minimum beam angle;

(i) minimum effective energy efficiency ratio;

(j) minimum lifetime rating;

(k) minimum light source efficacy levels;

(l) minimum performance requirement;

(m) minimum R-value;

(n) minimum star rating;

Reg. 7(2)(o) substituted by S.R. No. 25/2023 reg. 7(b).

(o) minimum thermal efficiency requirements;

Reg. 7(2)(p) inserted by S.R. No. 25/2023 reg. 7(b).

(p) product disposal requirements;

Reg. 7(2)(q) inserted by S.R. No. 25/2023 reg. 7(b).

(q) refrigerant requirements;

Reg. 7(2)(r) inserted by S.R. No. 25/2023 reg. 7(b).

(r) volume range;

Reg. 7(2)(s) inserted by S.R. No. 25/2023 reg. 7(b).

(s) minimum delivery temperature;

Reg. 7(2)(t) inserted by S.R. No. 25/2023 reg. 7(b), amended by S.R. No. 109/2024 reg. 5(a).

(t) minimum warranty requirements;

Reg. 7(2)(u) inserted by S.R. No. 109/2024 reg. 5(b), amended by S.R. No. 91/2025 reg. 6(a).

(u) dimensions;

Reg. 7(2)(v) inserted by S.R. No. 91/2025 reg. 6(b).

(v) inverter requirements;

Reg. 7(2)(w) inserted by S.R. No. 91/2025 reg. 6(b).

(w) photovoltaic module requirements.

8 Standards

In these Regulations, unless the contrary intention appears, a reference to an Australian Standard or an Australian/New Zealand Standard is a reference to that Standard as issued or published from time to time.

9 Change in standards

(1) This regulation applies if—

(a) a provision of these Regulations refers to an Australian Standard or an Australian/New Zealand Standard as issued or published from time to time; and

(b) the Standard is amended.

(2) For a period of 6 months beginning on the day on which the Standard is amended, compliance with the Standard as in force before the amendment is, for the purpose of the provision referred to in subregulation (1)(a), taken to be compliance with the Standard as amended.

Pt 1A (Heading and regs 9A, 9B) inserted by S.R. No. 60/2023 reg. 6.

Part 1A—Code of conduct

Reg. 9A inserted by S.R. No. 60/2023 reg. 6.

9A Prescribed code of conduct

For the purposes of section 14G of the Act, the prescribed code of conduct is the code of conduct set out in Schedule 6.

Reg. 9B inserted by S.R. No. 60/2023 reg. 6.

9B Prescribed code of conduct requirements

(1) For the purposes of section 14H of the Act, the prescribed code of conduct requirements are the requirements set out in the following provisions of Schedule 6—

(a) clause 9(1) (requirement to wear identification card);

(b) clause 11A (requirement not to contact person who has requested not to be contacted);

Reg. 9B(1)(ba) inserted by S.R. No. 26/2024 reg. 5.

(ba) clause 11B(1)(a) (requirement not to carry out lead generation or marketing while on a telephone call);

Reg. 9B(1)(bb) inserted by S.R. No. 26/2024 reg. 5.

(bb) clause 11B(1)(b) (requirement not to require or permit an employee, an agent or a contractor to carry out lead generation or marketing while on a telephone call);

Reg. 9B(1)(bc) inserted by S.R. No. 26/2024 reg. 5.

(bc) clause 11B(1)(c) (requirement not to acquire contact details obtained as the result of a telephone call by a third party to a person who has expressed interest in a prescribed activity);

Reg. 9B(1)(bd) inserted by S.R. No. 26/2024 reg. 6.

(bd) clause 12(1)(a) (requirement not to call at a person's residence or business premises for lead generation or marketing);

Reg. 9B(1)(be) inserted by S.R. No. 26/2024 reg. 6.

(be) clause 12(1)(b) (requirement not to require or permit an employee, an agent or a contractor to call on a person's residence or business premises for lead generation or marketing);

Reg. 9B(1)(bf) inserted by S.R. No. 26/2024 reg. 6.

(bf) clause 12(1)(c) (requirement not to acquire contact details obtained as the result of a third party calling on a person who has expressed interest in a prescribed activity at the person's ordinary place of residence or business premises);

(c) clause 13A(1) (requirement to inform person that VEET scheme is voluntary);

(d) clause 13A(2) (requirement to inform person about code of conduct and to give copy on request);

(e) clause 13A(3) (requirement to give person dispute resolution information);

(f) clause 13A(4) (requirement to offer person copy of VEET scheme consumer factsheet);

(g) clause 17 (requirement to ensure energy consumer is given statement of rights and obligations);

(h) clause 18(1) (requirement to ensure energy consumer is given information about terms and conditions of contract);

(i) clause 20(1) (requirement to ensure contract for supply of prescribed activity sets out scheduling of undertaking and completion);

(j) clause 21 (requirement to ensure energy consumer is provided with certain information);

(k) clause 26 (requirement to give energy consumer certain information on completion of prescribed activity);

(l) clause 28(1) (requirement to ensure dispute resolution framework is in place).

(2) A summary of a requirement included in a paragraph of subregulation (1)—

(a) is for convenience of reference only; and

(b) does not alter the requirement as set out in the provision of Schedule 6 to which it relates.

Part 2—Prescribed activities

10 Prescribed activities

(1) For the purposes of section 15(1) of the Act, an activity set out in any of the following Parts of Schedule 2 that is undertaken in any premises in compliance with that Part is a prescribed activity—

Reg. 10(1)(a) revoked by S.R. No. 25/2023 reg. 11(1).

Reg. 10(1)(b) amended by S.R. No. 25/2023 reg. 19(1), revoked by S.R. No. 25/2023 reg. 33.

(c) Parts 12 to 14;

(d) Part 17;

Reg. 10(1)(e) amended by S.R. No. 93/2022 reg. 7.

(e) Parts 22 to 26;

(f) Part 28.

Reg. 10(1A) inserted by S.R. No. 25/2023 reg. 11(2).

(1A) For the purposes of section 15(1) of the Act, an activity set out in Part 1 or 3 of Schedule 2 is a prescribed activity if the construction of the premises in which the activity is undertaken in compliance with that Part was not completed in the 2 year period preceding the day on which the activity is undertaken.

Reg. 10(1B) inserted by S.R. No. 25/2023 reg. 19(2).

(1B) For the purposes of section 15(1) of the Act, an activity set out in clause 4(1)(a) of Part 6 of Schedule 2 is a prescribed activity if—

(a) the activity is undertaken in business premises or other non-residential premises (including the common areas of a building that is classified under Part A6 of Volume One of the Building Code as a Class 2 Building) in compliance with that Part; and

(b) the construction of the premises in which the activity is undertaken was not completed in the 2 year period preceding the day on which the activity is undertaken.

Reg. 10(1C) inserted by S.R. No. 25/2023 reg. 19(2).

(1C) For the purposes of section 15(1) of the Act, an activity set out in clause 4(1)(b) of Part 6 of Schedule 2 is a prescribed activity if—

(a) the activity is undertaken in any premises in compliance with that Part; and

(b) the construction of the premises in which the activity is undertaken was not completed in the 2 year period preceding the day on which the activity is undertaken.

Reg. 10(1D) inserted by S.R. No. 25/2023 reg. 19(2).

(1D) For the purposes of section 15(1) of the Act, an activity set out in clause 4(1)(c) of Part 6 of Schedule 2 that is undertaken in business or other non-residential premises (including the common areas of a building that is classified under Part A6 of Volume One of the Building Code as a Class 2 Building) in compliance with that Part is a prescribed activity.

Reg. 10(1E) inserted by S.R. No. 25/2023 reg. 19(2).

(1E) For the purposes of section 15(1) of the Act, an activity set out in clause 4(1)(d) of Part 6 of Schedule 2 that is undertaken in any premises in compliance with that Part is a prescribed activity.

Reg. 10(2) amended by S.R. No. 25/2023 reg. 45(1).

(2) For the purposes of section 15(1) of the Act, an activity set out in Part 30 of Schedule 2 that is undertaken in residential premises in compliance with that Part is a prescribed activity.

Reg. 10(2A) inserted by S.R. No. 25/2023 reg. 45(2).

(2A) For the purposes of section 15(1) of the Act, an activity set out in Part 15 of Schedule 2 that is undertaken in compliance with that Part in a residential premises where a flueless space heater or an open-flued gas appliance is not installed is a prescribed activity.

(3) For the purposes of section 15(1) of the Act, an activity set out in any of the following Parts of Schedule 2 that is undertaken in business premises or other non-residential premises in compliance with that Part is a prescribed activity—

(a) Part 27;

(b) Parts 31 to 36;

Reg. 10(3)(c) substituted by S.R. No. 97/2021 reg. 5, amended by S.R. No. 171/2021 reg. 5(1).

(c) Parts 37 to 44.

Reg. 10(3A) inserted by S.R. No. 91/2025 reg. 7(1).

(3A) For the purposes of section 15(1) of the Act, an activity set out in Part 47 of Schedule 2 that is undertaken in business premises or other non‑residential premises (excluding a building that is classified under Part A6 of Volume One of the Building Code as a Class 2 building) in compliance with that Part is a prescribed activity.

Reg. 10(4) amended by S.R. No. 171/2021 reg. 8(2), substituted by S.R. No. 91/2025 reg. 7(2).

(4) For the purposes of section 15(1) of the Act, an activity set out in Part 34, 37, 38, 39, 40, 41, 42 or 44 of Schedule 2 is also a prescribed activity if it is undertaken in compliance with that Part in the common areas of a building that is classified under Part A6 of Volume One of the Building Code as a Class 2 or 3 building.

Reg. 10(5) amended by S.R. No. 171/2021 reg. 8(2), substituted by S.R. No. 91/2025 reg. 7(2).

(5) For the purposes of section 15(1) of the Act, an activity set out in Part 45 of Schedule 2 is a prescribed activity if it is undertaken in compliance with that Part in a building that is—

(a) classified under Part A6 of Volume One of the Building Code as a Class 1a or 2 building; and

(b) not situated on retirement village land within the meaning of the Retirement Villages Act 1986.

Reg. 10(6) inserted by S.R. No. 171/2021 reg. 5(2), revoked by S.R. No. 91/2025 reg. 7(3).

Reg. 10(7) inserted by S.R. No. 25/2023 reg. 25, revoked by S.R. No. 91/2025 reg. 7(3).

Reg. 10(8) inserted by S.R. No. 109/2024 reg. 6.

(8) For the purposes of section 15(1) of the Act, an activity set out in Part 46 of Schedule 2 is a prescribed activity if—

(a) the sale of the specified product is for the purposes of installation in residential premises with a gas or liquified petroleum gas connection; and

(b) the construction of the residential premises referred to in paragraph (a) was not completed in the 2 year period preceding the day on which the activity is undertaken.

11 Time at which prescribed activity is undertaken and reduction in greenhouse gas emissions occurs

(1) For the purposes of section 17(1) of the Act, a prescribed activity referred to in regulation 10 is taken to have been undertaken at the time specified in Schedule 3 in relation to that activity.

(2) For the purposes of section 17(2) of the Act, a reduction in greenhouse gas emissions that results from a prescribed activity referred to in regulation 10 is taken to have occurred at the time specified in Schedule 3 in relation to that activity.

12 Method and variables for calculating emissions reduced by prescribed activity

For the purposes of section 18 of the Act, the method and variables to be used to calculate the carbon dioxide equivalent of greenhouse gases to be reduced by a prescribed activity referred to in regulation 10 are the methods and variables set out in the Secretary's specifications in relation to that prescribed activity.

Reg. 13 expired by force of S.R. No. 145/2018 reg. 13(8).

14 Discount factor

If a declaration specifying a discount factor in respect of a prescribed activity is in effect, the calculation of the carbon dioxide equivalent of greenhouse gases to be reduced by the activity as determined in accordance with the Secretary's specifications must be multiplied by that discount factor.

Reg. 15 amended by S.R. No. 37/2022 reg. 6 (ILA s. 39B(2)).

15 General conditions and circumstances under which a certificate cannot be created

(1) A certificate cannot be created in relation to a prescribed activity in the following circumstances—

(a) if the prescribed activity is undertaken as a performance requirement under the Building Code in relation to the premises in which the activity is undertaken;

(b) if, at the time the prescribed activity is undertaken, the person proposing to create the certificate is a person whose accreditation under Division 1 of Part 3 of the Act is suspended;

Reg. 15(1)(c) amended by S.R. No. 25/2023 reg. 8.

(c) if the prescribed activity is not undertaken in accordance with the provisions of the Australian Consumer Law (Victoria), the Electricity Safety Act 1998, the Gas Safety Act 1997, the Occupational Health and Safety Act 2004 or the Building Act 1993 or the regulations under any of those Acts.

Reg. 15(2) inserted by S.R. No. 37/2022 reg. 6.

(2) A certificate cannot be created in relation to a prescribed activity if the code of conduct has not been complied with by each person who undertakes the following—

(a) the prescribed activity or any part of the prescribed activity;

Reg. 15(2)(b) amended by S.R. No. 60/2023 reg. 7.

(b) any regulated action associated with the prescribed activity.

Reg. 15A inserted by S.R. No. 109/2024 reg. 7.

15A Certificate cannot be created unless co‑payment made

(1) A certificate cannot be created in relation to a prescribed activity involving the installation or sale of a product specified in subregulation (2) unless—

(a) the energy consumer has paid the accredited provider or scheme participant, in consideration for the product, at least the co‑payment amount for the product; and

(b) no part of that payment is reimbursed to the energy consumer in any form, including—

(i) money; or

(ii) other goods or services.

(2) For the purposes of subregulation (1), the products are the following—

(a) a category 1C product;

(b) a category 1D product;

(c) a category 3C product;

(d) a category 3D product;

(e) a category 6A product;

(f) a category 6B product;

(g) a category 6C product;

(h) a category 6D product;

(i) a category 6E product;

(j) a category 6F product;

(k) a category 6G product;

Reg. 15A (2)(ka) inserted by S.R. No. 91/2025 reg. 8(a).

(ka) a category 31A product;

Reg. 15A (2)(kb) inserted by S.R. No. 91/2025 reg. 8(a).

(kb) a category 31B product;

(l) a category 43B product;

(m) a category 44A product;

(n) a category 46A product;

Reg. 15A(2)(o) amended by S.R. No. 91/2025 reg. 8(b).

(o) a category 46B product;

Reg. 15A(2)(p) inserted by S.R. No. 91/2025 reg. 8(c).

(p) a category 47A product;

Reg. 15A(2)(q) inserted by S.R. No. 91/2025 reg. 8(c).

(q) a category 47B product.

Reg. 15B inserted by S.R. No. 109/2024 reg. 7.

15B Certificate cannot be created unless information provided

(1) A certificate cannot be created in relation to a prescribed activity involving the installation or sale of a product specified in subregulation (2) unless the mandatory consumer information has been provided to the energy consumer.

(2) For the purposes of subregulation (1), the products are the following—

(a) a category 46A product;

(b) a category 46B product.

16 Certificate cannot be created unless installed product listed on ESC register

Reg. 16(1AA) inserted by S.R. No. 109/2024 reg. 8(1).

(1AA) This regulation applies to a prescribed activity which involves the installation of a product.

(1) A certificate cannot be created in relation to a prescribed activity unless the product installed as part of the activity is listed on the ESC register at the time the certificate is to be created.

(2) Subregulation (1) does not apply in relation to a prescribed activity involving the installation of any of the following products if, at the time of installation, the product (or the model of the product) was registered under Part 5 of the Greenhouse and Energy Minimum Standards Act 2012 of the Commonwealth—

Reg. 16
(2)(a)(b) revoked by S.R. No. 25/2023 reg. 34.

(c) a category 22A product;

(d) a category 22B product;

(e) a category 22C product;

(f) a category 22D product;

(g) a category 24A product;

(h) a category 25A product;

(i) a category 31A product;

(j) a category 32A product.

(3) Subregulation (1) does not apply in relation to a prescribed activity involving the installation of any of the following products if, at the time of installation, the product is a device listed on the National Electricity Market Load Tables for Unmetered Connection Points published by the Australian Energy Market Operator from time to time—

(a) a category 27A product;

(b) a category 27B product.

(4) Subregulation (1) does not apply in relation to a prescribed activity involving the installation of—

(a) a category 37A product; or

(b) a category 38A product; or

(c) a category 39A product; or

(d) a category 40A product; or

(e) a category 41A product; or

Reg. 16(4)(f) substituted by S.R. No. 97/2021 reg. 6.

(f) a category 42A product; or

Reg. 16(4)(g) inserted by S.R. No. 97/2021 reg. 6.

(g) a category 43A product; or

Reg. 16(4)(h) inserted by S.R. No. 97/2021 reg. 6.

(h) a category 43B product; or

Reg. 16(4)(i) inserted by S.R. No. 97/2021 reg. 6.

(i) a category 43C product.

Reg. 16(5) inserted by S.R. No. 25/2023 reg. 26, revoked by S.R. No. 109/2024 reg. 8(2), new reg. 16(5) inserted by S.R. No. 91/2025 reg. 9.

(5) Subregulation (1) does not apply in relation to a prescribed activity involving the installation of any of the following products if, at the time of installation, the product is comprised of one or more approved inverters and one or more approved photovoltaic modules—

(a) a category 47A product;

(b) a category 47B product.

17 Conditions and circumstances under which a certificate cannot be created after decommissioning product

(1) A certificate cannot be created in relation to a prescribed activity that requires the decommissioning of a product (however described) unless the ESC is provided with—

(a) a decommissioning declaration made by the energy consumer in respect of whom the prescribed activity is undertaken; and

(b) a decommissioning declaration made by the person who proposes to create the certificate.

(2) The decommissioning declaration must—

(a) state that the decommissioned product was not installed for the purpose of decommissioning it as part of the prescribed activity; and

(b) be made in accordance with the ESC requirements for decommissioning declarations determined under regulation 36(2).

(3) A certificate cannot be created in relation
to a prescribed activity that requires the decommissioning of lighting equipment that is of a type in respect of which the ESC has made a determination under regulation 36(3) unless the lighting equipment is disposed of in a waste disposal facility that is of a class determined by the ESC under that regulation.

18 Conditions and circumstances under which a certificate cannot be created for a lighting upgrade under Part 27

A certificate cannot be created in relation to a prescribed activity that is a lighting upgrade referred to in Part 27 of Schedule 2 unless—

(a) a lighting design has been prepared for the lighting upgrade which—

(i) is prepared by a lighting designer who is qualified to undertake the lighting design; and

(ii) sets out the location and specifications of all existing street lights in the area to which the lighting design applies; and

(iii) sets out the location and specifications of all lighting equipment to be installed in the area to which the lighting design applies; and

(iv) includes a declaration by the lighting designer stating that—

(A) the light output of the lighting upgrade specified in the lighting design complies with the relevant part or parts of AS/NZS 1158; or

(B) if the light output of the lighting upgrade specification in the lighting design deviates from AS/NZS 1158, the deviations are justified in accordance with the Standard and setting out the reasons why the deviations are justified; and

(b) the energy consumer has demonstrated acceptance of the lighting design in accordance with the determination of the ESC under regulation 36(1)(b).

19 Conditions and circumstances under which a certificate cannot be created for a lighting upgrade under Part 34

A certificate cannot be created in relation to a lighting upgrade that is a prescribed activity referred to in Part 34 of Schedule 2 unless—

(a) either—

(i) the lighting upgrade achieves the minimum illuminance required by the relevant part of AS/NZS 1680; or

(ii) the ESC has determined under regulation 20 that the lighting upgrade is not required to achieve that minimum illuminance; and

(b) either—

(i) the lighting upgrade achieves the recommended level of maintained illuminance specified in the relevant part of AS/NZS 1680; or

(ii) the ESC has determined under regulation 20 that the lighting upgrade is not required to achieve the recommended level of maintained illuminance.

20 Determination of illuminance standards for a lighting upgrade under Part 34

(1) A person may apply to the ESC for a determination that—

(a) a lighting upgrade is not required to achieve the minimum illuminance specified in the relevant part of AS/NZS 1680; or

(b) a lighting upgrade is not required to achieve the recommended level of maintained illuminance specified in the relevant part of AS/NZS 1680.

(2) The application must—

(a) be made in the manner and form determined by the ESC under regulation 36(4); and

(b) specify why it is unreasonable to expect the lighting upgrade to achieve the minimum illuminance or recommended level of maintained illuminance.

(3) On an application under subregulation (1), the ESC must determine that the lighting upgrade is not required to achieve the minimum illuminance or recommended level of maintained illuminance if it is satisfied that it is unreasonable to expect the lighting upgrade to achieve that minimum or level.

21 Conditions and circumstances under which a certificate cannot be created for a lighting upgrade under Part 35

A certificate cannot be created in relation to a lighting upgrade that is a prescribed activity referred to in Part 35 of Schedule 2 unless—

(a) a lighting design has been prepared for the lighting upgrade which—

(i) is prepared by a lighting designer who is qualified to undertake the lighting design; and

(ii) meets the lighting design requirements determined by the ESC under regulation 36(1)(a); and

(iii) if the lighting upgrade is of a kind for which AS/NZS 1158 is designed, includes a declaration by the lighting designer that the light output of the lighting upgrade specified in the lighting design complies with the relevant part or parts of AS/NZS 1158 or, if the light output of the lighting upgrade specified in the lighting design deviates from that standard—

(A) that the deviations are justified in accordance with that standard, setting out the way in which the deviations are justified; and

(B) that the lighting design provides for the light output of the upgrade lamp or luminaire to be either equivalent or superior to the replaced lamp or luminaire; and

(iv) if the lighting upgrade is of a kind for which AS 2560 is designed, includes a declaration by the lighting designer that the light output of the lighting upgrade specified in the lighting design—

(A) complies with the relevant part or parts of AS 2560; or

(B) specifies why it is unreasonable to expect the lighting upgrade to achieve the requirements of that standard; and

(v) if the lighting upgrade is not of a kind for which AS/NZS 1158 or AS 2560 is designed, includes a declaration by the lighting designer that the lighting design complies with the minimum illuminance standards determined by the ESC under regulation 22; and

(b) the energy consumer has demonstrated acceptance of the lighting design in accordance with the determination of the ESC under regulation 36(1)(b).

22 Determination of minimum illuminance standards for a lighting upgrade under Part 35

(1) A person may apply to the ESC for a determination of the minimum illuminance standards that a lighting design is required to meet if the lighting design is not of a kind for which AS/NZS 1158 or AS 2560 is designed.

(2) The application must be made in the manner and form determined by the ESC under regulation 36(4).

(3) On an application under subregulation (1), the ESC must determine the minimum illuminance standards that the lighting design is required to meet.

23 Certificate cannot be created in relation to certain prescribed activities involving T5 adaptor

A certificate cannot be created in relation to a prescribed activity referred to in Part 27, 34 or 35 of Schedule 2 if a T5 adaptor will be installed as part of the activity.

24 Certificate cannot be created in relation to certain prescribed activities if maximum exceeded

Schedule 4 has effect.

Note to reg. 24 amended by S.R. No. 25/2023 reg. 27.

Schedule 4 sets out the maximum number of installations of specified products in residential premises for which certificates can be created. Schedule 4 also sets out the maximum number of home energy rating assessments for which certificates can be created.

25 Certificate cannot be created in relation to the installation of certain products

(1) A certificate cannot be created in relation to a prescribed activity referred to in Part 39 of Schedule 2 if more than one electronic gas/air ratio control is installed on a particular burner on a gas-fired steam boiler, gas-fired hot water boiler or gas-fired water heater.

(2) A certificate cannot be created in relation to a prescribed activity referred to in Part 39 of Schedule 2 if the electronic gas/air ratio control is installed on a burner on a gas-fired steam boiler, gas-fired hot water boiler or gas-fired water heater as part of a prescribed activity referred to in Part 37, 38 or 41 of Schedule 2.

(3) A certificate cannot be created in relation to a prescribed activity referred to in Part 40 of Schedule 2 if more than one combustion trim system is installed in a particular electronic gas/air ratio control system on a gas‑fired steam boiler, gas-fired hot water boiler or gas-fired water heater.

(4) A certificate cannot be created in relation to a prescribed activity referred to in Part 40 of Schedule 2 if the combustion trim system is installed on a gas-fired steam boiler, gas-fired hot water boiler or gas-fired water heater as part of a prescribed activity referred to in Part 37 or 38 of Schedule 2.

26 Certificate cannot be created in relation to prescribed activity relating to weather sealing

(1) A certificate cannot be created in relation to a prescribed activity referred to in Part 15 of Schedule 2 that involves undertaking a weather sealing activity referred to in item 15.6 or 15.7 of Table 15.1 of Schedule 2 if the ESC is satisfied that the premises in which the activity is undertaken are not predominantly heated by gas or electricity.

(2) A certificate cannot be created in relation to a prescribed activity referred to in Part 15 of Schedule 2 involving the installation of any of the following products at any premises if a certificate has previously been created in respect of an activity that consists of installing a product belonging to that product category at those premises—

(a) a category 15A product;

(b) a category 15B product;

(c) a category 15C product;

(d) a category 15D product;

(e) a category 15E product;

(f) a category 15F product;

(g) a category 15G product;

(h) a category 15H product;

(i) a category 15I product.

27 Certificate cannot be created for activities in relation to prescribed activity in scheduled activity premises

A certificate cannot be created in relation to a prescribed activity undertaken in scheduled activity premises unless the activity is undertaken on or after the day on which a notice is given in relation to those premises in accordance with regulation 28.

28 Notice of intention to undertake prescribed activity at scheduled activity premises

(1) The person specified in subregulation (2) for any scheduled activity premises may, by written notice, notify the ESC that the person intends to undertake a prescribed activity at the scheduled activity premises.

(2) The person who may give the notice for the scheduled activity premises is—

(a) if the scheduled activity premises are occupied by, or in the control of, a body corporate, the chief financial officer (however described) for the body corporate; or

(b) otherwise, the occupier of the scheduled activity premises.

(3) On receiving a notice under subregulation (1), the ESC must publish the following on the ESC Internet site—

(a) if the scheduled activity premises are occupied by, or in the control of, a body corporate, the name of the body corporate;

(b) the address of the scheduled activity premises;

(c) the day on which the notice is given.

29 ESC register

(1) The ESC must establish and keep a register of products that may be installed for the purposes of undertaking a prescribed activity.

(2) The ESC—

(a) must make the register available for inspection at its office; and

(b) must publish a copy of the register on the ESC Internet site.

30 What is listed on the ESC register

The ESC must record the following for each product listed on the ESC register—

(a) the product type, brand name, model name or number and any other relevant details sufficient to identify the product;

(b) the category number of the product category to which the product belongs;

(c) the prescribed activity to which the product relates;

(d) the date the product is listed on the ESC register;

(e) if the listing of the product is amended, details of each amendment, including the date the amendment takes effect.

31 ESC may list a product on the ESC register

(1) The ESC may list a product on the ESC register as belonging to a product category if the ESC is satisfied that the product meets the criteria applying to that product category.

(2) The ESC must remove a product from the ESC register if the ESC is satisfied the product does not meet the criteria applying to the product category for which the product was listed.

Reg. 31(3) substituted by S.R. No. 25/2023 reg. 9.

(3) The ESC may remove a product from the ESC register if the ESC is satisfied that—

(a) the product may be unsafe; or

(b) the product may not be of acceptable quality; or

(c) the product may not be fit for its intended purpose; or

(d) information provided to the ESC with the application to list the product on the ESC register was incorrect.

Reg. 31(4) inserted by S.R. No. 25/2023 reg. 9.

(4) In determining whether or not to list a product on the ESC register pursuant to subregulation (1), or to remove a product from the ESC register under subregulation (3), the ESC may have regard to the following—

(a) any matters that the ESC considers relevant;

Reg. 31(4)(b) amended by S.R. No. 91/2025 reg. 10.

(b) any advice provided to the ESC by Energy Safe Victoria with respect to the product.

32 Application to the ESC to list a product on the ESC register

(1) A person may apply to the ESC to list a product on the ESC register.

(2) An application under subregulation (1) must—

(a) be made in the manner and form determined by the ESC under regulation 36(4); and

(b) include—

(i) the prescribed activity for which the person proposes that the product be installed; and

(ii) the product type, brand name, model name or number and any other relevant details sufficient to identify the product; and

(iii) the product category to which the person proposes that the product belong.

(3) The ESC may require a person who makes an application under subregulation (1) to provide further information in relation to the application.

33 Determination of application

(1) On an application under regulation 32 made in respect of a particular product, the ESC must list the product on the ESC register as belonging to a product category if the ESC is satisfied that the product meets the criteria applying to that product category.

(2) If the ESC lists a product under subregulation (1), the ESC must notify the applicant within 14 days after the day the ESC lists the product.

(3) If the ESC refuses to list a product under subregulation (1), the ESC must notify the applicant and provide reasons for the decision within 14 days after the day the ESC refuses the application.

34 Notification for new and amended listing

(1) As soon as practicable after the ESC lists a product on the ESC register, the ESC must publish a notice of the listing on the ESC Internet site for no less than 3 months.

(2) If the ESC amends a listing of a product on the ESC register, as soon as practicable after the amendment is made, the ESC must publish a notice of amendment of the listing on the ESC Internet site for no less than 3 months.

35 Secretary may publish specifications

(1) The Secretary may publish specifications—

(a) for determining the method and variables to be used to calculate the carbon dioxide equivalent of greenhouse gases to be reduced by a prescribed activity; and

Reg. 35(1)(ab) inserted by S.R. No. 109/2024 reg. 9.

(ab) in relation to an amount that applies to a particular product, or to products of a particular class, for the purposes of regulation 15A; and

Reg. 35(1)(ac) inserted by S.R. No. 109/2024 reg. 9.

(ac) in relation to the information that applies in relation to a particular product, or to products of a particular class, for the purposes of regulation 15B; and

(b) in relation to any other matter that these Regulations provide may be included in the specifications.

(2) The specifications must be consistent with any determinations of the ESC under regulation 36(5).

Under regulation 36(5), the ESC may determine certain matters that are relevant to calculating the carbon dioxide equivalent of greenhouse gases to be reduced by certain prescribed activities.

(3) The specifications may apply, adopt or incorporate, with or without modification, any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body as formulated, issued, prescribed or published on or before the day on which the specifications applying, adopting or incorporating the matter are published.

(4) The Secretary must ensure that the specifications are—

Reg. 35(4)(a) amended by S.R. No. 142/2020 reg. 4.

(a) published on the Department's Internet site; and

(b) made available for public inspection at the Department's offices during ordinary office hours free of charge.

36 Determinations of ESC in relation to certain matters

(1) The ESC must determine the following for the purposes of regulations 18 and 21—

(a) lighting design requirements;

(b) the required manner for demonstrating that an energy consumer accepts a lighting design;

(c) the experience or qualifications or other requirements necessary for a person to be qualified to undertake a lighting design.

(2) The ESC may determine the requirements for decommissioning declarations under regulation 17(2).

Reg. 36(3) substituted by S.R. No. 25/2023 reg. 10.

(3) The ESC may determine a class of waste disposal facility in respect of**—**

(a) a type of lighting equipment for the purposes of regulation 17(3); and

(b) any other type of equipment that is required to be decommissioned as part of a prescribed activity and for which product disposal requirements are specified in the Secretary's specifications.

(4) The ESC may determine the manner and form of applications under regulations 20, 22 and 32.

(5) The ESC may make determinations in respect of the following for the purpose of calculating the carbon dioxide equivalent of greenhouse gases to be reduced by the following prescribed activities—

(a) for a prescribed activity referred to in Part 27, 34 or 35 of Schedule 2, the lamp circuit power for a light source to be decommissioned, replaced or installed;

Reg. 36(5)(b) amended by S.R. No. 93/2022 reg. 8(a).

(b) for a prescribed activity referred to in Part 34 or 35 of Schedule 2, the performance requirements to apply in relation to measurements, testing or ratings.

Reg. 36(6) amended by S.R. No. 93/2022 reg. 8(b).

(6) The ESC may make determinations in respect of the following for the purposes of Parts 27, 30, 34 and 35 of Schedule 2—

(a) performance requirements for products and the installation of products;

(b) minimum power factors for products;

(c) minimum standards for lighting equipment;

(d) approval of laboratory tests;

(e) approval of encrypted communication protocols;

(f) the suitability of a product to replace a decommissioned product.

Reg. 36(6A) inserted by S.R. No. 91/2025 reg. 11.

(6A) The ESC may determine that an approved inverter or an approved photovoltaic module is excluded from a prescribed activity set out in Part 47 of Schedule 2 if the ESC reasonably believes that the inverter or the photovoltaic module—

(a) may be unsafe; or

(b) may not be of acceptable quality; or

(c) may not be fit for its intended purpose; or

(d) does not meet any inverter requirements or photovoltaic module requirements (as the case may be) set out in the Secretary's specifications.

Reg. 36(6B) inserted by S.R. No. 91/2025 reg. 11.

(6B) In determining whether or not to make a determination under subregulation (6A), the ESC may have regard to the following—

(a) any matters that the ESC considers relevant;

(b) any advice provided to the ESC by Energy Safe Victoria with respect to the inverter or the photovoltaic module.

Reg. 36(6C) inserted by S.R. No. 91/2025 reg. 11.

(6C) The ESC may revoke a determination under subregulation (6A) if the ESC is satisfied that the matters that gave rise to the determination under subregulation (6A) have been investigated and resolved.

(7) A determination under subregulation (1), (4), (5) or (6) that relates to a product may be made so as to apply differently in relation to different classes of product.

(8) The ESC must publish a determination under this regulation (other than under subregulation (6)(e)) on the ESC Internet site.

37 Evidence of installation of certain products

The ESC may accept as evidence of the installation of any of the following products a written record of purchase of the product which includes the name and address of the purchaser—

(a) a high efficiency refrigerator or high efficiency freezer referred to in Part 22 of Schedule 2 that complies with the criteria set out in that Part;

(b) a high efficiency television referred to in Part 24 of Schedule 2 that complies with the criteria set out in that Part;

(c) an electric clothes dryer referred to in Part 25 of Schedule 2 that complies with the criteria set out in that Part.

Reg. 37A inserted by S.R. No. 109/2024 reg. 10.

37A Secretary's product list

(1) The Secretary may establish and keep a list of products that may be sold for the purposes of undertaking a prescribed activity provided for in Part 46 of Schedule 2.

(2) The Secretary—

(a) must make a copy of the Secretary's product list available for inspection at the Department's office locations; and

(b) must publish a copy of the Secretary's product list on the Department's Internet site.

Reg. 37B inserted by S.R. No. 109/2024 reg. 10.

37B What is listed on the Secretary's product list

The Secretary must record the following for each product listed on the Secretary's product list—

(a) the product type, brand name, model name or number and any other relevant details sufficient to identify the product;

(b) the category number of the product category to which the product belongs;

(c) the date the product is listed;

(d) if the listing of the product is amended, details of each amendment, including the date the amendment takes effect.

Reg. 37C inserted by S.R. No. 109/2024 reg. 10.

37C Secretary may list a product on the Secretary's product list

(1) The Secretary may list a product on the Secretary's product list as belonging to a product category if the Secretary is satisfied that the product meets the criteria applying to that product category.

(2) The Secretary may suspend a product from the Secretary's product list, pending further investigation, if the Secretary reasonably believes that—

(a) the product no longer meets the criteria applying to the product category which the product is listed as belonging to; or

(b) the product may be unsafe; or

(c) the product may not be of acceptable quality; or

(d) the product may not be fit for its intended purpose; or

(e) any information that the Secretary had regard to, under subregulation (5)(a), in determining whether the product should be listed has become incorrect or was incorrect at the time.

(3) The Secretary may remove a product from the Secretary's product list if the Secretary is satisfied that—

(a) the product no longer meets the criteria applying to the product category which the product is listed as belonging to; or

(b) the product may be unsafe; or

(c) the product may not be of acceptable quality; or

(d) the product may not be fit for its intended purpose; or

(e) any information that the Secretary had regard to, under subregulation (5)(a), in determining whether the product should be listed has become incorrect or was incorrect at the time.

(4) The Secretary may reinstate a listing of a product that has been suspended under subregulation (2) if the Secretary is satisfied that—

(a) the circumstances which gave rise to the suspension have been investigated; and

(b) the product meets the criteria applying to the product category which the product was listed as belonging to.

(5) In determining whether a product should be listed on the Secretary's product list, the Secretary may have regard to the following—

(a) any matters that the Secretary considers relevant;

(b) any advice provided to the Secretary by Energy Safe Victoria with respect to the product.

Reg. 37D inserted by S.R. No. 109/2024 reg. 10.

37D Notification of listing, amendment, suspension, removal or reinstatement

(1) As soon as practicable after the Secretary lists a product on the Secretary's product list, the Secretary must publish a notice of the listing on the Department's Internet site for no less than 3 months.

(2) As soon as practicable after the Secretary amends, suspends, removes or reinstates a listing of a product on the Secretary's product list, the Secretary must publish a notice of the amendment, suspension, removal or reinstatement on the Department's Internet site for no less than 3 months.

Part 3—General

38 Prescribed greenhouse gas scheme

For the purposes of the definition of prescribed greenhouse gas scheme in section 3(1) of the Act, the following are prescribed—

(a) the scheme established under the Carbon Credits (Carbon Farming Initiative) Act 2011 of the Commonwealth for the issue of Australian carbon credit units in relation to eligible offsets projects;

Reg. 38(b) amended by S.R. No. 91/2025 reg. 12.

(b) the scheme established under the Renewable Energy (Electricity) Act 2000 of the Commonwealth for the issue of renewable energy certificates except to the extent that the scheme covers installing a product that complies with the criteria applying to a product category in Part 1, 3 or 47 of Schedule 2.

Reg. 39 revoked by S.R. No. 91/2025 reg. 13.

40 Scheme acquisition

(1) For the purpose of the definition of scheme acquisition in section 3(1) of the Act, the following customers are prescribed—

(a) subject to subregulation (2), customers to whom a relevant entity sells electricity in Victoria;

(b) subject to subregulations (2) and (4), customers to whom a relevant entity sells gas in Victoria.

(2) A person who occupies scheduled activity premises, and to whom a relevant entity sells electricity or gas in Victoria as an occupier of those premises, is not a prescribed customer in relation to those premises until the commencement day for those premises as determined under subregulation (3).

(3) The commencement day for scheduled activity premises is 1 January of the second calendar year after the calendar year in which, for the first time, a certificate created in respect of the premises is registered under section 22 of the Act.

A certificate cannot be created in respect of scheduled activity premises unless the ESC has been notified that a prescribed activity is intended to be undertaken at the premises. See regulations 27 and 28.

(4) A customer to whom a relevant entity sells gas in Victoria is not a prescribed customer if the customer—

(a) is engaged in the activity of owning, controlling or operating a gas-fired electricity generator connected to the interconnected national electricity system; and

(b) is, for the purposes of section 11(1) of the National Electricity (Victoria) Law—

(i) a Registered participant in relation to that activity; or

(ii) exempt from the requirement to be a Registered participant in relation to that activity.

Reg. 41 substituted by S.R. No. 142/2020 reg. 5.

41 Shortfall penalty rate

The prescribed shortfall penalty rate for the purposes of section 28 of the Act is—

(a) for 2019, $50; and

(b) for 2020, $50.83; and

(c) for 2021, $70; and

(d) for 2022, $80; and

Reg. 41(e) substituted by S.R. No. 27/2025 reg. 3.

(e) for 2023, 2024 and 2025, $90; and

Reg. 41(f) inserted by S.R. No. 27/2025 reg. 3.

(f) for every subsequent year, $100.

Reg. 41A inserted by S.R. No. 153/2021 reg. 4, amended by S.R. No. 27/2025 reg. 4 (ILA s. 39B(2)).

41A VEET scheme target

(1) For the purposes of section 30(f) of the Act, the prescribed target is—

(a) in 2022, 6⸱7 million tonnes of carbon dioxide equivalent; and

(b) in 2023, 6⸱9 million tonnes of carbon dioxide equivalent; and

(c) in 2024, 7⸱1 million tonnes of carbon dioxide equivalent; and

(d) in 2025, 7⸱3 million tonnes of carbon dioxide equivalent.

Reg. 41A(2) inserted by S.R. No. 27/2025 reg. 4.

(2) For the purposes of section 30(g) of the Act, the prescribed target is—

(a) in 2026, 4⸱4 million tonnes of carbon dioxide equivalent; and

(b) in 2027, 4⸱6 million tonnes of carbon dioxide equivalent.

Part 4—Transitional provisions

Division 1—Preliminary

42 Definitions

In this Part—

minimum energy efficiency criteria, in relation to a product, means criteria that are designated in the Secretary's specifications as minimum energy efficiency criteria for that product;

new ESC register means the register established under regulation 29 of the new Regulations;

new Regulations means these Regulations;

old ESC register means the register established under regulation 9 of the old Regulations;

old product category number, for an old registered product, means—

(a) if the product was listed in the old ESC register in respect of an item in Part A of a Schedule to the old Regulations, the number of that item; or

(b) if the product was listed in the old ESC register in respect of a Schedule to the old Regulations, the number of that Schedule;

old registered product means a product that, immediately before 10 December 2018, was listed in the old ESC register;

old Regulations means the Victorian Energy Efficiency Target Regulations 2008 as in force immediately before their revocation.

Division 2—Listing of products

43 Transition of listing of products listed by old product category numbers

On and after 10 December 2018, an old registered product whose old product category number is set out in column 1 of a row in Table 1 is taken to be listed on the new ESC register as belonging to the product category with the category number set out in column 2 of that row in that Table.

Table 1

| Schedule 12 | 12A | | Schedule 13 | 13A | | Schedule 14 | 14A | | Item 15A | 15A | | Item 15B | 15B | | Item 15C | 15C | | Item 15D | 15D | | Item 15E | 15E | | Item 15F | 15F | | Item 15H | 15H | | Item 30A | 30A | | Item 30B | 30B | | Item 31A | 31A | | Item 31B | 31B | | Schedule 33 | 33A | | Schedule 36 | 36A |

44 Transition of listing of water heaters

(1) On and after 10 December 2018, an old registered product whose old product category number is set out in column 1 of a row in Table 2 is taken to be listed on the new ESC register as belonging to the product category with the category number set out in column 2 of that row in that Table.

Table 2

| Item 1A | 1A | | Item 1B | 1B | | Item 1F | 1F | | Schedule 3 | 3B |

(2) On and after 10 December 2018, an old registered product whose old product category number is Item 1E that relates to a boosted solar water heater is taken to be a listed category 1C product.

(3) For a period of 18 months beginning on 10 December 2018, an old registered product whose old product category number is Item 1E that relates to a heat pump water heater is taken to be a listed category 1D product.

45 Temporary transition of listing of other products

(1) For the period of 6 months beginning on 10 December 2018, an old registered product whose old product category number is Schedule 17 is taken to be a listed category 17A product.

(2) For the period of 6 months beginning on 10 December 2018, an old registered product whose old product category number is set out in column 1 of a row in Table 3 that relates to a class of ductwork set out in column 3 of that row in that Table is taken to be listed on the new ESC register as belonging to the product category with the category number set out in column 2 of that row in that Table.

Table 3

| Column 1<br>Old product category number | Column 2<br>New product category number | Column 3<br>Class of ductwork | | Schedule 28 | 28A | Flexible ductwork | | Schedule 28 | 28B | Rigid ductwork |

46 Transition of listing of products listed by old product category number subject to ESC determination

(1) On and after 10 December 2018, an old registered product whose old product category number is set out in column 1 of a row in Table 4 is taken to be listed on the new ESC register as belonging to the product category with the category number set out in column 2 of that row in that Table.

Table 4

| Schedule 5 | 5A | | Schedule 6 | 5A | | Schedule 7 | 7A | | Schedule 8 | 7A | | Schedule 9 | 9A | | Schedule 10 | 10A | | Item 15G | 15G | | Schedule 20 | 5A | | Item 21A | 21A | | Item 21B | 21B | | Item 21C | 21C | | Item 21D | 21D | | Item 21E | 21E | | Item 21F | 21F | | Schedule 23 | 23A | | Schedule 26 | 26A | | Item 34C | 34B |

(2) On and after 10 December 2018, an old registered product whose old product category number is set out in column 1 of a row in Table 5 that relates to a class of lighting set out in column 3 of that row in that Table is taken to be listed on the new ESC register as belonging to the product category with the category number set out in column 2 of that row in that Table.

Table 5

| Column 1<br>Old product category number | Column 2<br>New product category number | Column 3 <br>Class of lighting | | Item 34B | 27A | Public lighting | | Item 34B | 34A | Building based lighting (other than public lighting) | | Item 34B | 35A | Non building based lighting (other than public lighting) | | Item 34D | 27B | Public lighting | | Item 34D | 34C | Building based lighting (other than public lighting) | | Item 34D | 35B | Non building based lighting (other than public lighting) |

(3) The ESC may remove a product to which this regulation applies from the new ESC register.

(4) In deciding whether to remove a product from the new ESC register, the ESC must have regard to the following—

(a) whether the product meets the criteria applying to the product category for which the product is taken to be listed;

(b) how closely the product meets the minimum energy efficiency criteria of the new Regulations;

(c) the extent of any change to the standards used to determine the energy efficiency of a product from the Standards used to determine the energy efficiency of the product under the old Regulations;

(d) whether the process for measuring the energy efficiency of a product is more stringent or less stringent than the process for measuring the energy efficiency of the product under the old Regulations.

(5) Nothing in this regulation requires the ESC to remove a product to which this regulation applies from the new ESC register only because the product does not comply with the criteria applying to a product category.

(6) The ESC must publish a determination under subregulation (3) on the ESC Internet site.

47 Other listing powers not affected

Nothing in regulations 43 to 46 prevents the ESC from—

(a) removing a product from the new ESC register under regulation 31(2) or (3); or

(b) listing on the new ESC register in accordance with regulation 31(1) or 33(1) a product removed from the register under regulation 46.

48 Existing applications

An application that is made to the ESC before 10 December 2018 for registration of a product on the old ESC register that is not determined before that day must be determined in accordance with the new Regulations as if it were an application for inclusion of the product on the new ESC register.

Pt 4 Div. 3 (Heading and reg. 48A) inserted by S.R. No. 93/2022 reg. 9.

Division 3—Incandescent lighting

Reg. 48A inserted by S.R. No. 93/2022 reg. 9.

48A Removal of items relating to incandescent lighting from ESC register

(1) Despite regulation 46, on the commencement of Part 3 of the Victorian Energy Efficiency Target Amendment (Revocation of Incandescent Lighting Provisions) Regulations 2022, products with the following category numbers are taken to be removed from the ESC register—

(a) 21A;

(b) 21B;

(c) 21C;

(d) 21D;

(e) 21E;

(f) 21F.

(2) As soon as practicable after the commencement of Part 3 of the Victorian Energy Efficiency Target Amendment (Revocation of Incandescent Lighting Provisions) Regulations 2022, the ESC must amend the ESC register to reflect the removal of items effected by subregulation (1).

Part 5—Amendment of Victorian Energy Efficiency Target (Project‑Based Activities) Regulations 2017

49 Amendment of Victorian Energy Efficiency Target (Project-Based Activities) Regulations 2017

(1) In regulations 6(3)(d)(vii), 11(3)(e) and 15(1)(a)(ii) of the Victorian Energy Efficiency Target (Project‑Based Activities) Regulations 2017[2], for "regulation 9 of the Victorian Energy Efficiency Target Regulations 2008" substitute "regulation 29 of the Victorian Energy Efficiency Target Regulations 2018".

(2) Part 6 of the Victorian Energy Efficiency Target (Project-Based Activities) Regulations 2017 is revoked.

Schedule 1—Regulations revoked

Regulation 4(2)

| S.R. No. | Title | | 109/2010 | Victorian Energy Efficiency Target Amendment (Assignment of Right) Regulations 2010 | | 127/2010 | Victorian Energy Efficiency Target Amendment Regulations 2010 | | 31/2011 | Victorian Energy Efficiency Target Amendment (Scheme Target) Regulations 2011 | | 56/2011 | Victorian Energy Efficiency Target Amendment (Ductwork and Standby Power Controllers) Regulations 2011 | | 146/2011 | Victorian Energy Efficiency Target Amendment (Prescribed Activities) Regulations 2011 | | 6/2012 | Victorian Energy Efficiency Target Amendment (Prescribed Activities) Regulations 2012 | | 14/2012 | Victorian Energy Efficiency Target Amendment (In‑Home Displays) Regulations 2012 | | 32/2012 | Victorian Energy Efficiency Target Amendment (Further Prescribed Activities) Regulations 2012 | | 43/2012 | Victorian Energy Efficiency Target Amendment (Scheme Acquisitions) Regulations 2012 | | 24/2013 | Victorian Energy Efficiency Target Amendment (Prescribed Activities) Regulations 2013 | | 96/2013 | Victorian Energy Efficiency Target Amendment (Relevant Entity and Other Matters) Regulations 2013 | | 74/2014 | Victorian Energy Efficiency Target Amendment Regulations 2014 | | 167/2015 | Victorian Energy Efficiency Target Amendment Regulations 2015 | | 16/2016 | Victorian Energy Efficiency Target Amendment (Ceiling Insulation and Incandescent Lighting) Regulations 2016 | | 147/2016 | Victorian Energy Efficiency Target Amendment (High Efficiency Televisions) Regulations 2016 | | 52/2017 | Victorian Energy Efficiency Target Amendment (Weather Sealing) Regulations 2017 | | 71/2017 | Victorian Energy Efficiency Target Amendment (Scheme Acquisition and Creation of Certificates) Regulations 2017 |

Schedule 2—Prescribed activities

Regulation 10

Part 1—Water heaters—replacing electric resistance water heater

Sch. 2 cl. 1 substituted by S.R. No. 25/2023 reg. 12.

1 Prescribed activity

(a) decommissioning an electric resistance water heater in accordance with the specified decommissioning requirements (if any) and the specified product disposal requirements (if any); and

(b) installing a product specified in subclause (2) in accordance with the specified pre-installation requirements (if any) and the specified installation requirements (if any).

(a) a product listed on the ESC register as belonging to a product category whose category number is specified in column 1 of Table 1.1;

(b) an unlisted product that complies with the criteria specified in column 2 of an item in Table 1.1.

Sch. 2 Pt 1 (Table 1.1) amended by S.R. No. 25/2023 reg. 35.

Table 1.1—Product categories

| 1C | An electric boosted solar water heater that—<br> (a) is certified by an accredited body as complying with AS/NZS 2712; and<br> (b) achieves the specified minimum annual energy savings; and<br> (c) has an insulated storage volume within the specified volume range; and<br> (d) meets any specified minimum performance requirement; and<br> (e) meets any specified minimum warranty requirements; and<br> (f) meets any other requirements of the Secretary's specifications for this product category. | | 1D | A heat pump water heater that—<br> (a) is certified by an accredited body as complying with AS/NZS 2712; and<br> (b) achieves the specified minimum annual energy savings; and<br> (c) is modelled against the specified heat pump modelling requirements; and<br> (d) has an insulated storage volume within the specified volume range; and<br> (e) uses a refrigerant that meets the specified refrigerant requirements; and<br> (f) meets any specified minimum performance requirement; and<br> (g) meets any specified minimum warranty requirements; and<br> (h) meets any other requirements of the Secretary's specifications for this product category. | | 1E | A product that meets the requirements of the Secretary's specifications for this item. |

There is currently no Part 2 in this Schedule.

Part 3—Water heaters—replacing gas/LPG

Sch. 2 cl. 2 substituted by S.R. No. 25/2023 reg. 13.

2 Prescribed activity

(a) decommissioning a gas or liquefied petroleum gas water heater in accordance with the specified decommissioning requirements (if any) and the specified product disposal requirements (if any); and

(b) installing a product specified in subclause (2) in accordance with the specified pre-installation requirements (if any) and the specified installation requirements (if any).

(a) a product listed on the ESC register as belonging to a product category whose category number is specified in column 1 of Table 3.1;

(b) an unlisted product that complies with the criteria specified in column 2 of an item in Table 3.1.

Sch. 2 Pt 3 (Table 3.1) amended by S.R. No. 25/2023 reg. 38.

Table 3.1—Product categories

| 3A | A product that meets the requirements of the Secretary's specifications for this item. | | 3C | A heat pump water heater that—<br>(a) is certified by an accredited body as complying with AS/NZS 2712; and<br>(b) achieves the specified minimum annual energy savings; and<br>(c) is modelled against the specified heat pump modelling requirements; and<br>(d) has an insulated storage volume within the specified volume range; and<br>(e) uses a refrigerant that meets the specified refrigerant requirements; and<br>(f) meets any specified minimum performance requirement; and<br>(g) meets any specified minimum warranty requirements; and<br>(h) meets any other requirements of the Secretary's specifications for this product category. | | 3D | An electric boosted solar water heater that—<br>(a) is certified by an accredited body as complying with AS/NZS 2712; and<br>(b) achieves the specified minimum annual energy savings; and<br>(c) has an insulated storage volume within the specified volume range; and<br>(d) meets any specified minimum warranty requirements; and<br>(e) meets any other requirements of the Secretary's specifications for this product category. |

There is currently no Part 4 in this Schedule.

Sch. 2 Pt 5 (Heading and cl. 3) revoked by S.R. No. 25/2023 reg. 36.

Sch. 2 Pt 6 (Heading and cl. 4) substituted by S.R. No. 25/2023 reg. 20.

Part 6—Space heating and cooling

Sch. 2 cl. 4 substituted by S.R. No. 25/2023 reg. 20.

4 Prescribed activity

(a) decommissioning a specified controlled heating or cooling product in accordance with the specified decommissioning requirements (if any) and the product disposal requirements (if any) and installing a product specified in subclause (2) in accordance with the specified pre-installation requirements (if any) and the specified installation requirements (if any); or

(b) decommissioning a specified controlled heating or cooling product in accordance with the specified decommissioning requirements (if any) and the product disposal requirements (if any) and installing a product specified in subclause (2) as belonging to product category 6A, 6B, 6D, 6E, 6F or 6H in accordance with the specified pre-installation requirements (if any) and the specified installation requirements (if any); or

(c) installing a product specified in subclause (2) in accordance with the specified pre-installation requirements (if any) and the specified installation requirements (if any); or

(d) installing a product specified in subclause (2) as belonging to product category 6A, 6B, 6D, 6E, 6F or 6H in accordance with the specified pre‑installation requirements (if any) and the specified installation requirements (if any).

(a) a product listed on the ESC register as belonging to a product category whose category number is specified in column 1 of Table 6.1;

(b) an unlisted product that complies with the criteria specified in column 2 of an item in Table 6.1.

Table 6.1—Product categories

| 6A | A ducted air-to-air air conditioner that—<br>(a) is capable of both cooling and heating; and<br>(b) achieves the specified minimum performance requirements; and<br>(c) has a rated capacity of less than 10kW; and<br>(d) uses a refrigerant that meets the specified refrigerant requirements; and<br>(e) meets any specified minimum warranty requirements; and<br>(f) meets any other requirements of the Secretary's specifications for this product category. | | 6B | A ducted air-to-air air conditioner that—<br>(a) is capable of both cooling and heating; and<br>(b) achieves the specified minimum performance requirements; and<br>(c) has a rated capacity of more than or equal to 10kW but less than or equal to 39kW; and<br>(d) uses a refrigerant that meets the specified refrigerant requirements; and<br>(e) meets any specified minimum warranty requirements; and<br>(f) meets any other requirements of the Secretary's specifications for this product category. | | 6C | A ducted air-to-air air conditioner that—<br>(a) is capable of both cooling and heating; and<br>(b) achieves the specified minimum performance requirement; and<br>(c) has a rated capacity of more than 39kW but less than or equal to 65kW; and<br>(d) uses a refrigerant that meets the specified refrigerant requirements; and<br>(e) meets any specified minimum warranty requirements; and<br>(f) meets any other requirements of the Secretary's specifications for this product category. | | 6D | An air-to-air air conditioner (other than a ducted air-to-air air conditioner) that—<br>(a) is capable of both cooling and heating; and<br>(b) achieves the specified minimum performance requirement; and<br>(c) has a rated capacity of less than 4kW; and<br>(d) uses a refrigerant that meets the specified refrigerant requirements; and<br>(e) meets any specified minimum warranty requirements; and<br>(f) meets any other requirements of the Secretary's specifications for this product category. | | 6E | An air-to-air air conditioner (other than a ducted air-to-air air conditioner) that—<br>(a) is capable of both cooling and heating; and<br>(b) achieves the specified minimum performance requirement; and<br>(c) has a rated capacity of more than or equal to 4kW but less than 10kW; and<br>(d) uses a refrigerant that meets the specified refrigerant requirements; and<br>(e) meets any specified minimum warranty requirements; and<br>(f) meets any other requirements of the Secretary's specifications for this product category. | | 6F | An air-to-air air conditioner (other than a ducted air-to-air air conditioner) that—<br>(a) is capable of both cooling and heating; and<br>(b) achieves the specified minimum performance requirement; and<br>(c) has a rated capacity of more than or equal to 10kW but less than or equal to 39kW; and<br>(d) uses a refrigerant that meets the specified refrigerant requirements; and<br>(e) meets any specified minimum warranty requirements; and<br>(f) meets any other requirements of the Secretary's specifications for this product category. | | 6G | An air-to-air air conditioner (other than a ducted air-to-air air conditioner) that—<br>(a) is capable of both cooling and heating; and<br>(b) achieves the specified minimum performance requirement; and<br>(c) has a rated capacity of more than 39kW but less than or equal to 65kW; and<br>(d) uses a refrigerant that meets the specified refrigerant requirements; and<br>(e) meets any specified minimum warranty requirements; and<br>(f) meets any other requirements of the Secretary's specifications for this product category. | | 6H | A space heating or cooling product that meets the requirements of the Secretary's specifications for this item. |

Sch. 2 Pt 7 (Heading and cl. 5) revoked by S.R. No. 25/2023 reg. 36.

There is currently no Part 8 in this Schedule.

Sch. 2 Pts 9, 10 (Headings and cls 6, 7) revoked by S.R. No. 25/2023 reg. 36.

There is currently no Part 11 in this Schedule.

Part 12—Underfloor insulation

8 Prescribed activity

(1) The prescribed activity is installing a product, or 2 or more products, specified in subclause (2), where the product or products—

(a) are installed in respect of a floor area that is not insulated; and

(b) are installed for a minimum of 20 m2 in accordance with AS 3999.

(a) a product listed on the ESC register as belonging to a product category whose category number is specified in column 1 of Table 12.1;

(b) an unlisted product that complies with the criteria specified in column 2 of an item in Table 12.1.

Table 12.1—Product categories

| 12A | A product, or two or more products—<br> (a) that is or are designed so that when installed, or installed together, they comply with the performance requirements of AS/NZS 4859.1 (insulation material); and<br> (b) that achieves or together achieve, a specified minimum R-value when measured and declared in accordance with AS/NZS 4859.1. |

Part 13—Double glazed windows

9 Prescribed activity

(1) The prescribed activity is installing a glazing product specified in subclause (2), where the product—

(a) is installed in place of one or more windows in an external wall; and

(b) is installed for a minimum of 5 m2.

(a) a product listed on the ESC register as belonging to a product category whose category number is specified in column 1 of Table 13.1;

(b) an unlisted product that complies with the criteria specified in column 2 of an item in Table 13.1.

Table 13.1—Product categories

| Column 1<br>Category number | | Column 2 <br>Criteria applying to product category | | 13A | A glazing product that—<br> (a) achieves a specified maximum Total U‑value; and<br> (b) is WERS rated and labelled to a specified minimum star rating for heating; and<br> (c) complies with the performance requirements of AS 2047 and AS 1288. |

Part 14—Thermally efficient window products

10 Prescribed activity

(1) The prescribed activity is installing a product specified in subclause (2), where the product—

(a) is installed on one or more single glazed windows in an external wall; and

(b) is installed for a minimum glazed area of 5 m2; and

(c) in the case of a category 14A product, when installed, results in a still air gap being created between the single glazed window and the product; and

(d) in the case of a category 14B product, is installed in accordance with the specified installation requirements.

(a) a product listed on the ESC register as belonging to a product category whose category number is specified in column 1 of Table 14.1;

(b) an unlisted product that complies with the criteria specified in column 2 of an item in Table 14.1.

Table 14.1—Product categories

| 14A | A product that, when installed on a single glazed window, results in a still air gap being created between the single glazed window and the product and raises the thermal efficiency performance of the window. | | 14B | A product that raises the thermal efficiency performance of a window and meets the requirements of the Secretary's specifications for this item. |

Part 15—Weather sealing

11 Prescribed activity

The prescribed activity is undertaking in the same premises one or more of the weather sealing activities referred to in Table 15.1 unless the activity results, or those activities together result, in—

(a) the volume of air that is exchanged at the premises each hour being less than 50% of the volume of the premises; or

(b) the premises failing to comply with Part 3.8.5 of Volume Two of the Building Code.

The concept in paragraph (a) is known as the air change rate. Expressed as a decimal number, the air change rate referred to in paragraph (a) is 0·5.

Table 15.1

| Item | Weather sealing activity | | 15.1 | Installing a category 15A product, or combination of category 15A products, to the frame of an external door or to each edge of an external door if that installation—<br> (a) is in accordance with the manufacturer's instructions; and<br> (b) restricts airflow along the entire perimeter of the door; and<br> (c) does not impair the normal operation of the door. | | 15.2 | Installing a category 15B product, or combination of category 15B products, to the frame of an external window if that installation—<br> (a) is in accordance with the manufacturer's instructions; and<br> (b) restricts airflow through the window; and<br> (c) does not impair the normal operation of the window. | | 15.3 | Doing all of the following things—<br> (a) removing a ceiling or wall exhaust fan that does not comply with the criteria applying to the product category numbered 15C;<br> (b) decommissioning that ceiling or wall exhaust fan;<br> (c) installing, in accordance with the manufacturer's instructions and in the place of the decommissioned fan, a category 15C product. | | 15.4 | Installing a category 15D product—<br> (a) in accordance with the manufacturer's instructions; and<br> (b) on a ceiling or wall exhaust fan that expels air either outside or into the roof space of the premises and on which a category 15D product is not already installed; and<br> (c) so that when installed on a ceiling or wall exhaust fan, the product allows airflow through the exhaust of the fan when the fan is operating and restricts airflow when the fan is not operating. | | 15.5 | Installing a category 15E product—<br> (a) in accordance with the manufacturer's instructions; and<br> (b) in an unsealed wall vent; and<br> (c) with the result that a ventilation opening in an external wall is sealed or closed. | | 15.6 | Installing a category 15F product—<br> (a) in accordance with the manufacturer's instructions; and<br> (b) in an unsealed chimney or flue of a fireplace in which a category 15F product is not already installed; and<br> (c) so that when fitted to a chimney or flue of an open fireplace used to burn solid fuel, the product—<br> (i) restricts the airflow into or out of the chimney or flue when closed; and<br> (ii) allows the fireplace to operate safely and effectively when open; and<br> (d) so that it is fitted permanently to the chimney or flue. | | 15.7 | Installing a category 15G product (not being the reinstalling of a category 15G product)—<br> (a) in accordance with the manufacturer's instructions; and<br> (b) to an unsealed chimney or flue of a fireplace in which a category 15G product is not already installed; and<br> (c) so that when fitted to a chimney or flue of an open fireplace used to burn solid fuel, the product restricts the airflow into or out of the chimney or flue; and<br> (d) with signage that includes instructions for removing the product. | | 15.8 | Installing a category 15H product (not being the reinstalling of a category 15H product)—<br> (a) in accordance with the manufacturer's instructions; and<br> (b) so that the product covers the ceiling outlet of a ducted evaporative cooling system to which a category 15H product is not already installed; and<br> (c) so that when installed to cover the ceiling outlet of a ducted evaporative cooling system, the product restricts airflow from inside the residential premises into the evaporative cooling ductwork; and<br> (d) that is supplied for installation with instructions regarding—<br> (i) the installation and removal of the product; and<br> (ii) the time of year that the product should be installed and removed. | | 15.9 | Installing a category 15I product in accordance with the specified installation requirements. |

Table 15.2—Product categories

| 15A | A door sealing product or door weather stripping product, or a combination of those products each of which is covered by a warranty against defects for a period of at least 2 years from the date of installation. | | 15B | A window sealing product or window weather stripping product, or a combination of those products, each of which is covered by a warranty against defects for a period of at least 2 years from the date of installation. | | 15C | A product that—<br> (a) is a ceiling or wall exhaust fan; and<br> (b) expels air either outside or into the roof space of the premises it is installed in; and<br> (c) is fitted with a self-closing damper, flap, filter or other sealing product that is designed to—<br> (i) allow airflow through the exhaust of the fan when the fan is operating; and<br> (ii) restrict airflow when the fan is not operating; and<br> (d) is covered by a warranty against defects for a period of at least 2 years from the date of installation. | | 15D | A product that—<br> (a) is a self-closing damper, flap, filter or other sealing product; and<br> (b) is designed so that when installed on a ceiling or wall exhaust fan, it allows airflow through the exhaust of the fan when the fan is operating and restricts airflow when the fan is not operating; and<br> (c) is covered by a warranty against defects for a period of at least 2 years from the date of installation. | | 15E | A product that—<br> (a) is made of a robust non-shrinking sealing material; and<br> (b) is covered by a warranty against defects for a period of at least 2 years from the date of installation. | | 15F | A product that—<br> (a) is designed so that when fitted to a chimney or flue of an open fireplace used to burn solid fuel, the product—<br> (i) restricts the airflow into or out of the chimney or flue when closed; and<br> (ii) allows the fireplace to operate safely and effectively when open; and<br> (b) is designed to be fitted permanently to the chimney or flue; and<br> (c) is covered by a warranty against defects for a period of at least 5 years from the date of installation. | | 15G | A product that—<br> (a) is designed so that when fitted to a chimney or flue of an open fireplace used to burn solid fuel, the product restricts the airflow into or out of the chimney or flue; and<br> (b) is designed to be installed on a temporary or seasonal basis; and<br> (c) is covered by a warranty against defects for a period of at least 2 years from the date of installation; and<br> (d) is not a chimney or flue balloon. | | 15H | A product that—<br> (a) is designed so that when installed to cover the ceiling outlet of a ducted evaporative cooling system, the product restricts airflow from inside the residential premises into the evaporative cooling ductwork; and<br> (b) is designed to be installed on a temporary or seasonal basis; and<br> (c) is covered by a warranty against defects for a period of at least 2 years from the date of installation; and<br> (d) is supplied for installation with instructions regarding—<br> (i) the installation and removal of the product; and<br> (ii) the time of year that the product should be installed and removed. | | 15I | A product that meets the requirements of the Secretary's specifications for this item. |

There is currently no Part 16 in this Schedule.

Part 17—Low flow shower rose

12 Prescribed activity

(a) decommissioning a shower rose with a flow rate above 9 L/min; and

(b) installing a product specified in subclause (2).

(a) a product listed on the ESC register as belonging to a product category whose category number is specified in column 1 of Table 17.1;

(b) an unlisted product that complies with the criteria specified in column 2 of an item in Table 17.1.

Table 17.1—Product categories

| 17A | A shower rose complying with the requirements of AS/NZS 3662 that achieves a specified minimum star rating when assessed, registered and labelled in accordance with AS/NZS 6400. |

There is currently no Part 18 in this Schedule.

There is currently no Part 19 in this Schedule.

There is currently no Part 20 in this Schedule.

Sch. 2 Pt 21 (Heading and cl. 13) amended by S.R. No. 93/2022 reg. 5, revoked by S.R. No. 93/2022 reg. 10.

Part 22—High efficiency refrigerators and freezers

14 Prescribed activity

(i) a product listed on the ESC register as belonging to a product category whose category number is specified in column 1 of Table 22.1; or

(ii) an unlisted product that complies with the criteria specified in column 2 of an item in Table 22.1; and

(b) in the case of a category 22E product, installing the product in accordance with the specified installation requirements.

Table 22.1—Product categories

| 22A | A single door refrigerator that achieves a specified minimum performance requirement. | | 22B | A two-door refrigerator that achieves a specified minimum performance requirement. | | 22C | A chest freezer that achieves a specified minimum performance requirement. | | 22D | An upright freezer that achieves a specified minimum performance requirement. | | 22E | A product that meets the requirements of the Secretary's specifications for this item. |

Sch. 2 Pt 23 (Heading and cl. 15) revoked by S.R. No. 25/2023 reg. 36.

Part 24—High efficiency televisions

16 Prescribed activity

The prescribed activity is installing—

(a) a product listed on the ESC register as belonging to a product category whose category number is specified in column 1 of Table 24.1; or

(b) an unlisted product that complies with the criteria specified in column 2 of an item in Table 24.1.

Table 24.1—Product categories

| 24A | A television that achieves the specified minimum performance requirement. |

Part 25—Energy efficient (low greenhouse intensity) clothes dryers

17 Prescribed activity

(i) a product listed on the ESC register as belonging to a product category whose category number is specified in column 1 of Table 25.1; or

(ii) an unlisted product that complies with the criteria specified in column 2 of an item in Table 25.1; and

(b) in the case of a category 25B product, installing the product in accordance with the specified installation requirements.

Table 25.1—Product categories

| 25A | An electric clothes dryer that—<br> (a) achieves the specified minimum performance requirement; and<br> (b) is not part of a combination washer/dryer. | | 25B | A clothes dryer that meets the requirements of the Secretary's specifications for this item. |

Part 26—High efficiency pool pumps

18 Prescribed activity

(i) a product listed on the ESC register as belonging to a product category whose category number is specified in column 1 of Table 26.1; or

(ii) an unlisted product that complies with the criteria specified in column 2 of an item in Table 26.1; and

(b) in the case of a category 26B product, installing the product in accordance with the specified installation requirements.

Table 26.1—Product categories

| 26A | A product for use with a domestic pool or spa that—<br> (a) is a single phase, single speed, dual speed, multiple speed or variable speed pump unit; and<br> (b) has an input power of not less than 100W and not more than 2500W when tested in accordance with AS 5102.1; and<br> (c) is listed as part of a labelling scheme determined in accordance with the Equipment Energy Efficiency (E3) Committee's Voluntary Energy Rating Labelling Program for Swimming Pool Pump-units: Rules for Participation, amended in November 2010, and achieves a specified minimum star rating when determined in accordance with AS 5102.2; or<br> (d) is registered for energy labelling and achieves a specified minimum star rating when determined in accordance with AS 5102.2. | | 26B | A pool pump that meets the requirements of the Secretary's specifications for that item. |

Part 27—Public lighting upgrade

19 Prescribed activity

(1) The prescribed activity is undertaking an upgrade in a public open space of lighting that is owned by a relevant body by doing any of the following—

(ii) in the case of a category 27B product, installing the product so that it meets the minimum power factor determined for the product by the ESC under regulation 36(6);

(b) removing and not replacing—

(a) a product listed on the ESC register as belonging to a product category whose category number is specified in column 1 of Table 27.1;

(b) an unlisted product that complies with the criteria specified in column 2 of an item in Table 27.1.

(3) In this clause—

relevant body means—

(a) a distribution company within the meaning of the Electricity Industry Act 2000; or

(b) a Council within the meaning of the Local Government Act 1989; or

(c) a responsible road authority within the meaning of the Road Management Act 2004.

Table 27.1—Product categories

| 27A | A lighting control device, other than a voltage reduction unit, that is certified by the manufacturer as appropriate for use with the type of luminaire it will be required to control. | | 27B | Any other lighting equipment that—<br> (a) meets the minimum standards determined for the product by the ESC under regulation 36(6) when tested by an approved laboratory in accordance with the laboratory test approved for the equipment by the ESC in a determination under that regulation; and<br> (b) is not a T5 adaptor. |

Part 28—Gas heating ductwork

20 Prescribed activity

(a) decommissioning gas heating ductwork that is connected to a ducted gas heater; and

(b) installing a product specified in subclause (2); and

(c) in the case of a category 28A product, constructing and installing the product—

(i) in accordance with the requirements set out in AS 4254.1; and

(ii) using fittings that—

Sch. 2 cl. 20(1)(c) (ii)(A) amended by S.R. No. 171/2021 reg. 8(3).

(A) for a building classified as a Class 1 or 10 building under Part A6 of Volume One of the Building Code, achieve at least the R-value specified by Table 3.12.5.2 of Volume Two of the Building Code; and

Sch. 2 cl. 20(1)(c) (ii)(B) amended by S.R. No. 171/2021 reg. 8(3).

(B) for a building classified as a Class 2 to 9 building under Part A6 of Volume 1 of the Building Code, achieve the minimum total R-value specified by Specification J5.2b of Volume One of the Building Code.

(d) in the case of a category 28B product, constructing and installing the product—

(i) in accordance with the requirements set out in AS 4254.2; and

(ii) using fittings that—

Sch. 2 cl. 20(1)(d) (ii)(A) amended by S.R. No. 171/2021 reg. 8(3).

(A) for a building classified as a Class 1 or 10 building under Part A6 of Volume One of the Building Code, achieve at least the R-value specified by Table 3.12.5.2 of Volume Two of the Building Code; and

Sch. 2 cl. 20(1)(d) (ii)(B) amended by S.R. No. 171/2021 reg. 8(3).

(B) for a building classified as a Class 2 to 9 building under Part A6 of Volume 1 of the Building Code, achieve the minimum total R-value specified by Specification J5.2b of Volume One of the Building Code.

(a) a product listed on the ESC register as belonging to a product category whose category number is specified in column 1 of Table 28.1;

(b) an unlisted product that complies with the criteria specified in column 2 of an item in Table 28.1.

Table 28.1—Product categories

| 28A | Flexible ductwork that—<br> (a) is tested and certified by an approved laboratory as complying with AS 4254.1 and labelled in accordance with that Standard; and<br> (b) is insulated using bulk insulation that is certified by an accredited body or approved laboratory as complying with AS/NZS 4859.1 and achieves the specified minimum R-value for that ductwork when measured in accordance with that Standard. | | 28B | Rigid ductwork that—<br> (a) is tested and certified by an approved laboratory as complying with AS 4254.2; and<br> (b) is insulated using bulk insulation that is certified by an accredited body or approved laboratory as complying with AS/NZS 4859.1 and achieves the specified minimum R-value for that ductwork when measured in accordance with AS/NZS 4859.1; and<br> (c) is longitudinally labelled at intervals of not more than 1·5 meters, in characters that are clearly legible and at least 18 mm high stating—<br> (i) the duct manufacturer's or duct assembler's name; and<br> (ii) the diameter of the duct core; and<br> (iii) the R-value of the bulk insulation; and<br> (iv) that the ductwork complies with AS 4254.2. |

There is currently no Part 29 in this Schedule.

Part 30—In-home display unit

21 Prescribed activity

(i) a product listed on the ESC register as belonging to a product category whose category number is specified in column 1 of Table 30.1; or

(ii) an unlisted product that complies with the criteria specified in column 2 of an item in Table 30.1; and

(b) in the case of a category 30C product, installing the product in accordance with the specified installation requirements.

Table 30.1—Product categories

| 30A | An in-home display unit that when installed in relation to an AMI metering installation in residential premises provides information on the total electricity consumption of the residential premises directly to the consumer in respect of whom the installation is undertaken, and—<br> (a) complies with—<br> (i) the ZigBee Smart Energy Profile Specification published by the ZigBee Standards Organization on 1 December 2008; and<br> (ii) the ZigBee Smart Energy Standard version 1.2a published by the ZigBee Standards Organization on 3 December 2014; and<br> (b) when tested by an approved laboratory in accordance with the laboratory test approved for that display unit by the ESC in a determination under regulation 36(6), is demonstrated to—<br> (i) determine electricity consumption information from the sensing apparatus at least every 30 seconds; and<br> (ii) be able to store electricity consumption information from the previous 45 days; and<br> (iii) be able to display the following information to the consumer or to relay to a device that is capable of displaying the following information to the consumer—<br> (A) electricity consumption information from the previous 45 days in intervals no longer than one hour per day of information displayed and one day per week of information displayed;<br> (B) the average total household electric power consumption (in watts) for the displayed period, which must be updated at least every 30 seconds;<br> (C) the total household electricity consumption (in kWh) for the displayed period and the cost of that consumption, which must be updated at least every 30 seconds; and<br> (iv) be able to display the information referred to in subparagraph (iii) to the consumer or relay to a device that is capable of displaying that information to the consumer—<br> (A) in a numerical format; and<br> (B) in a format (other than a numerical format) that allows the consumer to readily distinguish between low and high consumption; and<br> (v) be able to display to the consumer or relay to a device that is capable of displaying to the consumer the tariff (in cost per unit of energy consumed) and the total cost of electricity consumed for the period displayed; and<br> (vi) be able to permanently erase all electricity consumption and tariff information held by the product including all information entered by the consumer; and<br> (vii) have an average electric power consumption of not more than 0·6 watts when operating under normal circumstances; and<br> (c) if battery powered, uses a battery that has a manufacturer's rated lifetime of at least 5 years when operating under normal circumstances. | | 30B | An in-home display unit that, when installed in relation to any sensing apparatus in residential premises, provides information on the total electricity consumption of the residential premises directly to the consumer in respect of whom the installation is undertaken, and—<br> (a) when tested by an approved laboratory in accordance with the laboratory test approved for that display unit by the ESC in a determination under regulation 36(6) for the purposes of this item, is demonstrated to—<br> (i) determine electricity consumption information from the sensing apparatus at least every 30 seconds; and<br> (ii) be able to store electricity consumption information from the previous 45 days; and<br> (iii) be able to display the following information to the consumer or to relay to a device that is capable of displaying the following information to the consumer—<br> (A) electricity consumption information from the previous 45 days in intervals no longer than one hour per day of information displayed and one day per week of information displayed; and<br> (B) the average total household electric power consumption (in watts) for the displayed period, which must be updated at least every 30 seconds; and<br> (C) the total household electricity consumption (in kWh) for the displayed period and the cost of that consumption, which must be updated at least every 30 seconds; and<br> (iv) be able to display the information referred to in subparagraph (iii) to the consumer or relay to a device that is capable of displaying that information to the consumer—<br> (A) in a numerical format; and<br> (B) in a format (other than a numerical format) that allows the consumer to readily distinguish between low and high consumption; and<br> (v) be able to display to the consumer or relay to a device that is capable of displaying to the consumer the tariff (in cost per unit of energy consumed) and the total cost of electricity consumed for the period displayed; and<br> (vi) be able to permanently erase all electric power consumption and tariff information held by the product (including all information entered by the consumer); and<br> (vii) have an average electricity consumption of not more than 0·6 watts when operating under normal circumstances; and<br> (viii) is demonstrated to provide electricity consumption information that is accurate to within 5% of actual electricity consumption; and<br> (b) if battery powered, uses a battery that has a manufacturer's rated lifetime of at least 5 years when operating under normal circumstances; and<br> (c) uses, for its communications with the sensing apparatus and any display device, an encrypted communication protocol that is approved by the ESC in a determination under regulation 36(6) for the purposes of this item. | | 30C | A product that meets the requirements of the Secretary's specifications for this item. |

Part 31—High efficiency motor

22 Prescribed activity

(i) a product listed on the ESC register as belonging to a product category whose category number is specified in column 1 of Table 31.1; or

(ii) an unlisted product that complies with the criteria specified in column 2 of an item in Table 31.1; and

(b) in the case of a category 31C product, installing the product in accordance with the specified installation requirements.

Sch. 2 Pt 31 (Table 31.1) amended by S.R. No. 91/2025 reg. 14.

Table 31.1—Product categories

| 31A | A three-phase cage induction motor that—<br> (a) achieves the specified minimum performance requirement; and<br> (b) has 2, 4, 6 or 8 poles. | | 31B | A three-phase cage induction motor that—<br> (a) has a rated output, as determined in accordance with AS 60034.1-2009 as published on 15 July 2009 of not less than 0∙75 and not more than 185 kW; and<br> (b) meets the requirements for an IE3 (premium) or IE4 (super premium) efficiency level motor proposed in Annex A of IEC/TS 60034‑31 when tested in accordance with IEC 60034-2-1; and<br> (c) has 2, 4 or 6 poles. | | 31C | A motor that meets the requirements of the Secretary's specifications for this item. |

Sch. 2 Pt 32 (Heading) amended by No. 97/2021 reg. 7(1).

Part 32—Refrigerated cabinet

23 Prescribed activity

The prescribed activity is installing—

(a) a product listed on the ESC register as belonging to a product category whose category number is specified in column 1 of Table 32.1; or

(b) an unlisted product that complies with the criteria specified in column 2 of an item in Table 32.1.

Sch. 2 (Table 32.1) amended by S.R. No. 97/2021 reg. 7(2).

Table 32.1—Product categories

| 32A | A refrigerated cabinet that achieves the specified minimum performance requirement. |

Part 33—Refrigeration fan motor and ventilation fan motor

24 Prescribed activity

(i) a product listed on the ESC register as belonging to a product category whose category number is specified in column 1 of Table 33.1; or

(ii) an unlisted product that complies with the criteria specified in column 2 of an item in Table 33.1; and

Sch. 2 cl. 24(b) amended by S.R. No. 97/2021 reg. 8(1).

(b) in the case of a category 33A product, installing the product into a fan in a refrigerated cabinet or cold room; and

(c) in the case of a category 33B product, installing the product into a ducted fan or partition fan in an air-handling system as defined in ISO 13349:2010; and

(d) in the case of a category 33C product, installing the product in accordance with the specified installation requirements.

Sch. 2 (Table 33.1) amended by S.R. No. 97/2021 reg. 8(2).

Table 33.1—Product categories

| 33A | A fan motor that—<br> (a) is an electronically commutated motor that has—<br> (i) in the case of an internal rotor motor, a rated motor output of not more than 600 watts; or<br> (ii) in the case of an external rotor motor, a rated motor input of not more than 800 watts; and<br> (b) is designed to be installed into a fan in a refrigerated cabinet or cold room. | | 33B | A fan motor that—<br> (a) is an electronically commutated motor that has—<br> (i) in the case of an internal rotor motor, a rated motor output of not more than 600 watts; or<br> (ii) in the case of an external rotor motor, a rated motor input of not more than 800 watts; and<br> (b) is designed to be installed into a ducted fan or partition fan in an air-handling system as defined in ISO 13349:2010. | | 33C | A fan motor that meets the requirements of the Secretary's specifications for this item. |

Part 34—Building based lighting upgrade

25 Prescribed activity

(1) The prescribed activity is undertaking a lighting upgrade in a building by doing any of the following—

(ii) in the case of a category 34B product, installing the product so that it is not installed in conjunction with electronic ballasts; and

(iii) in the case of a category 34C product, installing the product so that it meets the minimum power factor determined by the ESC for the product under regulation 36(6);

(b) removing and not replacing not more than half the lamps from a luminaire that houses multiple lamps and decommissioning any associated control gear;

(c) removing and not replacing—

(a) a product listed on the ESC register as belonging to a product category whose category number is specified in column 1 of Table 34.1;

(b) an unlisted product that complies with the criteria specified in column 2 of an item in Table 34.1.

Table 34.1—Product categories

| 34A | A lighting control device, other than a voltage reduction unit, that is certified by the manufacturer as appropriate for use with the type of luminaire it will control. | | 34B | A voltage reduction unit that has an output voltage ascertained by an approved laboratory in accordance with the laboratory test approved for the unit by the ESC in a determination under regulation 36(6). | | 34C | Any other lighting equipment that—<br> (a) meets the minimum standards determined for that equipment by the ESC under regulation 36(6) when tested by an approved laboratory in accordance with the laboratory test approved for that equipment by the ESC in a determination under that regulation; and<br> (b) is not a T5 adaptor. |

Part 35—Non building based lighting upgrade

26 Prescribed activity

(1) The prescribed activity is undertaking a lighting upgrade in a place (other than an upgrade referred to in Part 27 or Part 34) by doing any of the following—

(ii) in the case of a category 35B product, installing the product so that it meets the minimum power factor determined for the product by the ESC under regulation 36(6);

(b) removing and not replacing not more than half the lamps from a luminaire that houses multiple lamps and decommissioning any control gear associated with the lamps;

(c) removing and not replacing—

(a) a product listed on the ESC register as belonging to a product category whose category number is specified in column 1 of Table 35.1;

(b) an unlisted product that complies with the criteria specified in column 2 of an item in Table 35.1.

Table 35.1—Product categories

| 35A | A lighting control device, other than a voltage reduction unit, that is certified by the manufacturer as appropriate for use with the type of luminaire it will be required to control. | | 35B | Any other lighting equipment that—<br> (a) meets the minimum standards determined by the ESC under regulation 36(6) when tested by an approved laboratory in accordance with the laboratory test approved by the ESC in a determination under that regulation; and<br> (b) is not a T5 adaptor. |

Part 36—Water efficient prerinse spray valve

27 Prescribed activity

(1) The prescribed activity is—

(a) installing a product specified in subclause (2)—

(i) on an existing fitting for a prerinse spray valve on which no prerinse spray valve has been previously installed; and

(ii) in accordance with AS/NZS 3500 and the Plumbing Regulations 2008[3]; or

(b) decommissioning a prerinse spray valve that is not rated as having a 4 star or higher water efficiency when assessed and labelled in accordance with AS/NZS 6400 and installing a product specified in subclause (2) in accordance with AS/NZS 3500 and the Plumbing Regulations 2008.

(a) a product listed on the ESC register as belonging to a product category whose category number is specified in column 1 of Table 36.1;

(b) an unlisted product that complies with the criteria specified in column 2 of an item in Table 36.1.

Table 36.1—Product categories

| 36A | A prerinse spray valve that—<br> (a) is rated as having a specified minimum star rating for water efficiency when assessed and labelled in accordance with AS/NZS 6400; and<br> (b) is tap equipment that is determined to be a WELS product under the Water Efficiency Labelling and Standards Determination 2013 (No. 2) made under sections 18, 19 and 26 of the Water Efficiency Labelling and Standards Act 2005 of the Commonwealth. |

Part 37—Gas-fired steam boiler

28 Prescribed activity

(a) decommissioning one or more gas-fired steam boilers each of which was manufactured at least 10 years before the date it is decommissioned; and

(b) installing one or more unlisted products each of which complies with the criteria specified in column 2 of an item in Table 37.1 and—

(i) if the product has a nominal gas consumption exceeding 3700 MJ/h but not exceeding 7500 MJ/h, has an electronic gas/air ratio control system; or

(ii) if the product has a nominal gas consumption exceeding 7500 MJ/h, has an electronic gas/air ratio control system that receives a signal from a flue gas sensor for combustion trim purposes.

Table 37.1—Product categories

| 37A | A new gas-fired steam boiler that is a Type B appliance and meets the specified minimum thermal efficiency requirements. |

Part 38—Gas-fired hot water boiler or gas‑fired water heater

29 Prescribed activity

(a) decommissioning one or more gas-fired hot water boilers, gas-fired steam boilers or gas-fired water heaters each of which was manufactured at least 10 years before the date it is decommissioned; and

(b) installing one or more unlisted products each of which complies with the criteria specified in column 2 of an item in Table 38.1 and—

(i) if the product has a nominal gas consumption exceeding 3700 MJ/h but not exceeding 7500 MJ/h, has an electronic gas/air ratio control system; or

(ii) if the product has a nominal gas consumption exceeding 7500 MJ/h, has an electronic gas/air ratio control system that receives a signal from a flue gas sensor for combustion trim purposes.

Table 38.1—Product categories

| 38A | A new gas-fired hot water boiler or gas-fired water heater that is a Type B appliance and meets the specified minimum thermal efficiency requirements. |

Part 39—Electronic gas/air ratio control

30 Prescribed activity

The prescribed activity is installing on the burner of a gas-fired steam boiler, a gas-fired hot water boiler or gas-fired water heater that is a Type B appliance an unlisted product that complies with the criteria specified in column 2 of an item in Table 39.1.

Table 39.1—Product categories

| 39A | An electronic gas/air ratio control that is designed to be installed on a burner of a gas-fired steam boiler, gas-fired water boiler or gas-fired water heater that is a Type B appliance as part of the burner's gas/air ratio control system. |

Part 40—Combustion trim

31 Prescribed activity

The prescribed activity is installing on a gas‑fired steam boiler, a gas-fired hot water boiler or gas-fired water heater that is a Type B appliance and has an electronic gas/air ratio control system capable of receiving a signal from a flue gas sensor for combustion trim purposes, an unlisted product that complies with the criteria specified in column 2 of an item in Table 40.1.

Table 40.1—Product categories

| 40A | A combustion trim system that—<br> (a) includes a flue gas sensor connected to a control panel, capable of sending a signal to a control damper on the burner air supply or variable speed drive on the fan motor; and<br> (b) is designed to be installed on a gas-fired steam boiler, gas-fired water boiler or gas‑fired water heater that has an electronic gas/air ratio control system capable of receiving a signal from a flue gas sensor for combustion trim purposes. |

Part 41—Gas-fired burners

32 Prescribed activity

(a) decommissioning a gas-fired burner that—

(i) is on a gas-fired steam boiler, a gas‑fired hot water boiler or a gas‑fired water heater; and

(ii) was manufactured at least 10 years before the date it is decommissioned; and

(b) installing on a Type B appliance that is a gas-fired steam boiler, a gas-fired hot water boiler or a gas-fired water heater an unlisted product that—

(i) complies with the criteria specified in column 2 of an item in Table 41.1; and

(ii) if the product has a nominal gas consumption exceeding 3700 MJ/h, has an electronic gas/air ratio control system capable of receiving a signal from a flue gas sensor for gas/air ratio control purposes.

Table 41.1—Product categories

| 41A | A product that is a gas-fired burner. |

Part 42—Economizers

33 Prescribed activity

(a) installing on a gas-fired steam boiler, a gas‑fired hot water boiler or gas-fired water heater that is a Type B appliance (other than a condensing steam boiler, condensing hot water boiler or condensing water heater) an unlisted product that—

(i) is of the condensing type; and

(ii) complies with the criteria specified in column 2 of an item in Table 42.1; and

(iii) provides for the products of combustion to be expelled into a stack constructed from stainless steel; and

(iv) unless the product is specifically designed to run dry, has a control system for minimum flow rates that does not require manual intervention for operation; or

(b) installing on a gas-fired steam boiler that is a Type B appliance (other than a condensing water boiler or condensing water heater) an unlisted product that—

(i) is not of the condensing type; and

(ii) complies with the criteria specified in column 2 of an item in Table 42.1; and

(iii) unless the product is specifically designed to run dry, has a control system for minimum flow rates that does not require manual intervention for operation.

Table 42.1—Product categories

| 42A | An economizer that—<br> (a) is a heat exchanger that uses the products of combustion from a gas-fired steam boiler, a gas-fired hot water boiler or a gas-fired water heater to heat boiler feedwater; and<br> (b) complies with AS 1228. |

Sch. 2 Pt 43 (Heading and cl. 34) inserted by S.R. No. 97/2021 reg. 9.

Part 43—Cold rooms

Sch. 2 cl. 34 inserted by S.R. No. 97/2021 reg. 9.

34 Prescribed activity

The prescribed activity is installing for a cold room an unlisted product that complies with the criteria specified in column 2 of an item in Table 43.1.

Table 43.1—Product categories

| 43A | An electronic expansion valve and superheat controller that, when installed together into a refrigeration system, meet the requirements of the Secretary's specifications for these items. | | 43B | A refrigeration system that meets the requirements of the Secretary's specifications for this item. | | 43C | A product that meets the requirements of the Secretary's specifications for this item. |

Sch. 2 Pt 44 (Heading and cl. 35) inserted by S.R. No. 171/2021 reg. 6.

Part 44—Commercial and industrial air source heat pump water heaters

Sch. 2 cl. 35 inserted by S.R. No. 171/2021 reg. 6.

35 Prescribed activity

Sch. 2 cl. 35(1) substituted by S.R. No. 25/2023 reg. 14(1).

(a) decommissioning one or more of the following products in accordance with the specified decommissioning requirements (if any) and the specified product disposal requirements (if any)—

(i) a gas-fired hot water boiler;

(ii) a gas-fired water heater—

and having one or more products listed on the ESC register as belonging to a product category whose category number is specified in column 1 of Table 44.1 installed by a licensed or registered plumber in accordance with the specified pre-installation requirements (if any) and the specified installation requirements (if any); or

(b) decommissioning one or more of the following products in accordance with the specified decommissioning requirements (if any) and the specified product disposal requirements (if any)—

(i) an electric resistance hot water boiler;

(ii) an electric resistance water heater—

and having one or more products listed on the ESC register as belonging to a product category whose category number is specified in column 1 of Table 44.1 installed by a licensed or registered plumber in accordance with the specified pre-installation requirements (if any) and the specified installation requirements (if any); or

(c) having one or more products listed on the ESC register as belonging to a product category whose category number is specified in column 1 of Table 44.1 installed by a licensed or registered plumber in accordance with the specified pre-installation requirements (if any) and the specified installation requirements (if any).

Sch. 2 cl. 35(2) amended by S.R. No. 25/2023 reg. 14(2).

(2) A product referred to in subregulation (1)(a) or (b) to be decommissioned must be—

(a) in working order; and

(b) excluding the insulated storage tank that forms part of the product, at least 10 years old at the date it is decommissioned.

Sch. 2 cl. 35(3) amended by S.R. No. 25/2023 reg. 14(3).

(3) If a product referred to in subregulation (1)(a) or (b) to be decommissioned includes an insulated storage tank that is less than 10 years old at the date the product is decommissioned, the Secretary's specifications may provide that the storage tank may be used with the product to be installed.

Sch. 2 cl. 35 (Table 44.1) substituted by S.R. No. 25/2023 reg. 14(4).

Table 44.1—Product categories

| 44A | An air source heat pump water heater that is a product that—<br>(a) has an insulated storage volume within the specified volume range; and<br>(b) if the insulated storage volume is 700 litres or less, is certified by an accredited body as complying with AS/NZS 2712; and<br>(c) provides the specified minimum delivery temperature; and<br>(d) achieves the specified minimum annual energy savings; and<br>(e) is modelled against the specified heat pump modelling requirements; and<br>(f) achieves any specified minimum performance requirement; and<br>(g) uses a refrigerant that meets any specified refrigerant requirements; and<br>(h) meets any specified minimum warranty requirements; and<br>(i) meets any other requirements of the Secretary's specifications for this product category. | | 44B | A product that meets the requirements of the Secretary's specifications for this item. |

Sch. 2 Pt 45 (Heading and cl. 36) inserted by S.R. No. 25/2023 reg. 28.

Part 45—Home energy rating assessment

Sch. 2 cl. 36 inserted by S.R. No. 25/2023 reg. 28.

36 Prescribed activity

(a) providing a home energy rating assessment that—

(i) is endorsed or accredited by the Nationwide House Energy Rating Scheme (NatHERS); and

(ii) meets the requirements of the Secretary's specifications for an activity provided under this paragraph; and

(iii) is undertaken by an assessor who meets the requirements of the Secretary's specifications to be an assessor for that home energy rating assessment; or

(b) providing a home energy rating assessment that—

(i) meets the requirements of the Secretary's specifications for an activity provided under this paragraph; and

(ii) is undertaken by an assessor who meets the requirements of the Secretary's specifications to be an assessor for that home energy rating assessment.

Sch. 2 Pt 46 (Heading and cl. 37) inserted by S.R. No. 109/2024 reg. 11.

Part 46—Induction cooktops and freestanding combined induction cooking products

Sch. 2 cl. 37 inserted by S.R. No. 109/2024 reg. 11.

37 Prescribed activity

Sch. 2 cl. 37(1) amended by S.R. No. 91/2025 reg. 15.

(1) The prescribed activity is the sale of a product specified in subclause (2) during the period beginning on and including 25 October 2024 and ending on 30 June 2026.

(2) The specified products are products listed on the Secretary's product list as belonging to a product category whose category number is specified in column 1 of Table 46.1.

Table 46.1—Product categories

| 46A | An induction cooktop that—<br>(a) is of the specified dimensions; and<br>(b) meets the specified minimum performance requirements; and<br>(c) meets any specified minimum warranty requirements; and<br>(d) meets any other requirements of the Secretary's specifications for this item. | | 46B | A freestanding combined induction cooking product that—<br>(a) is of the specified dimensions; and<br>(b) meets the specified minimum performance requirements; and<br>(c) meets any specified minimum warranty requirements; and<br>(d) meets any other requirements of the Secretary's specifications for this item. |

Sch. 2 Pt 47 (Heading and cl. 38) inserted by S.R. No. 91/2025 reg. 16.

Part 47—Commercial and industrial solar photovoltaic system

Sch. 2 cl. 38 inserted by S.R. No. 91/2025 reg. 16.

38 Prescribed activity

The prescribed activity is installing, in accordance with a negotiated connection contract and in accordance with the specified pre-installation requirements (if any) and the specified installation requirements (if any), an unlisted product that—

(a) is comprised of—

(i) one or more approved inverters (other than excluded inverters); and

(ii) one or more approved photovoltaic modules (other than excluded photovoltaic modules); and

(b) complies with the criteria specified in column 2 of an item in Table 47.1.

Table 47.1—Product categories

| Column 1<br>Category number | Column 2<br>Criteria applying to product category | | 47A | A solar photovoltaic system that—<br>(a) is connected to a distribution network by one or more photovoltaic modules to produce and deliver energy; and<br>(b) has a total photovoltaic module capacity of more than or equal to 30 kW and less than or equal to 100 kW; and<br>(c) meets any specified minimum warranty requirements; and<br>(d) meets any specified inverter requirements; and<br>(e) meets any specified photovoltaic module requirements; and<br>(f) meets any other requirements of the Secretary's specifications for this product category. | | 47B | A solar photovoltaic system that—<br>(a) is connected to a distribution network by one or more photovoltaic modules to produce and deliver energy; and<br>(b) has a total photovoltaic module capacity of more than 100 kW and less than or equal to 200 kW; and<br>(c) meets any specified minimum warranty requirements; and<br>(d) meets any specified inverter requirements; and<br>(e) meets any specified photovoltaic module requirements; and<br>(f) meets any other requirements of the Secretary's specifications for this product category. | | 47C | A product that meets the requirements of the Secretary's specifications for this product category. |

Schedule 3—Time at which activity undertaken and reduction in greenhouse gas emissions occurs

Regulation 11

1 Interpretation

(1) A reference in this Schedule to a day on which an activity is undertaken or an activity occurs is a reference to the beginning of that day.

(2) A reference in a clause of this Schedule to an installed product is a reference to the listed product or unlisted product that is installed as part of the prescribed activity to which the clause applies.

Sch. 3 cl. 2 revoked by S.R. No. 25/2023 reg. 37.

3 Electric boosted solar water heater—Schedule 2, Part 1

(1) This clause applies to a prescribed activity set out in Part 1 of Schedule 2 if the product installed as part of that activity is a category 1C product.

(a) the day on which the installed product is first able to produce and deliver water heated by solar energy; or

4 Heat pump water heater—Schedule 2, Part 1

(1) This clause applies to a prescribed activity set out in Part 1 of Schedule 2 if the product installed as part of that activity is a category 1D product.

(a) the day on which the installed product is first able to produce and deliver water heated by the heat pump water heater; or

5 Specified water heater—Schedule 2, Part 1

(1) This clause applies to a prescribed activity set out in Part 1 of Schedule 2 if the product installed as part of that activity is a category 1E product.

(a) the day on which the installed product is first able to operate as described in the Secretary's specifications; or

Sch. 3 cl. 6 revoked by S.R. No. 25/2023 reg. 39.

7 Specified water heater—Schedule 2, Part 3

(1) This clause applies to a prescribed activity set out in Part 3 of Schedule 2 if the product installed as part of that activity is a category 3A product.

(a) the day on which the installed product is first able to operate as described in the Secretary's specifications; or

Sch. 3 cl. 8 revoked by S.R. No. 25/2023 reg. 39.

Sch. 3 cl. 8A inserted by S.R. No. 25/2023 reg. 15.

8A Heat pump water heater—Schedule 2, Part 3

(1) This clause applies to a prescribed activity set out in Part 3 of Schedule 2 if the product installed as part of that activity is a category 3C product.

(a) the day on which the installed product is first able to produce and deliver water heated by the heat pump water heater; or

Sch. 3 cl. 8B inserted by S.R. No. 25/2023 reg. 15.