Administrative Guidelines

for the Equipment Energy Efficiency Program (E₃)

The latest version of the Administrative Guidelines (Version 5, June 2005) are available for download as a PDF file (right click on the link and "Save Target As"). The following is an extract from the guidelines which outlines their purpose. These are updated on a regular basis.

A discussion paper which sets out draft checktest validity criteria for refrigerators and freezers has been released.

The paper titled Statistical Basis for the Determination of Checktesting Validity Criteria is also available for download as a PDF file (right click on the link and "Save Target As"). This paper has been prepared for the appliance industry and energy efficiency regulators in Australia to assist in the interpretation of checktesting results. It provides a theoretical background to the verification process and provides the basis for checktesting rules that have been adopted by the E₃ Committee.

Excerpt from latest edition of the Administrative Guidelines

1.1 Parties to the national legislative scheme and these Guidelines

The Ministerial Council on Energy (MCE), which comprises all Ministers* (*Energy Ministers from New Zealand and Papua New Guinea have observer status on MCE) with responsibility for energy, is responsible for the development of the appliance and equipment energy labelling and minimum energy performance standard (MEPS) programs. Its committee, the Energy Efficiency Working Group (EEWG), is responsible for the development of the concept of Administrative Guidelines for use by each relevant State and Territory in the administration of State and Territory legislation covering energy efficiency labelling and performance standards.

NAEEEC (now known as the E₃ Committee) is charged with the ongoing management of these Guidelines. NAEEEC (now known as the E₃ Committee) reports to both MCE and EEWG.

NAEEEC (now known as the E₃ Committee) comprises the State and Territory regulatory agencies that are responsible for administering State and Territory legislation concerning energy efficiency labelling and performance standards in each State and Territory in Australia, together with New Zealand officials. Attachment 1 to these Guidelines sets out contact details for NAEEEC (now known as the E₃ Committee). State and Territory regulatory agencies should be contacted in relation to queries concerning the legislation that those agencies administer.

1.2 Nature of these Guidelines

Stakeholders should understand that all governments in Australia and New Zealand have adopted a uniform policy position to facilitate a nationally consistent legislative and administrative scheme. The national scheme comprises three elements:

The legislation and subordinate regulations of the States and Territories, herein referred to as "State and Territory legislation" (legislation and regulations listed in Attachment 9);
The Australian Standards published by Standards Australia which are incorporated by reference into the State and Territory legislation and which contain the detail of the minimum energy performance and labelling requirements; and
These Guidelines which are used in conjunction with the above elements.

While the State and Territory legislation is administered by the relevant State or Territory regulatory agency, it is important to reiterate that the legislative scheme is of a national character and is intended to be administered in a uniform and consistent manner. Equally, it must be noted that while these Guidelines are intended to provide guidance in relation to the administration of the national legislative scheme, where there is conflict or inconsistency between State and Territory legislation and these Guidelines, the legislation will prevail to the extent of any such conflict or inconsistency.

The national legislative scheme is reliant upon State and Territory legislation to give it legal effect. Relevant State and Territory legislation is based on a nationally endorsed "model regulation". The application of a national legislative scheme within a federal system of government presents challenges for both regulatory agencies and industry. Industry expects that regulatory agencies will act in a nationally consistent and cooperative way and will embrace the Standards Australia processes in setting and publishing the technical requirements. Regulatory agencies expect that industry will participate constructively to ensure that technical requirements are fair and equitable for all participants. Within this context, these Guidelines strive to produce consistent outcomes for all affected products irrespective of the product or jurisdictional location.

These Guidelines are not intended to act as an exhaustive explanation of the legislative and administrative scheme. For example, the objectives and policies of State and Territory regulatory agencies and the internal and administrative processes of those agencies will remain relevant to the administration of the relevant State and Territory legislation.

1.3 Purpose and Objective of these Guidelines

The purpose of these Guidelines is to explain how the national legislative scheme for energy labelling and minimum energy performance standards ("the national legislative scheme") are intended to be administered by relevant State and Territory regulatory agencies. These Guidelines are also intended to act as a guide to relevant State and Territory regulatory agencies to facilitate uniform and consistent practice among State and Territory regulatory agencies. These Guidelines are not a legally binding instrument intended to impose legal obligations upon relevant State and Territory regulatory agencies.

Similarly, the goal of these Guidelines is to ensure that State and Territory regulatory agencies work in a consistent manner in an attempt to minimise costs and inconvenience to industry while enforcing legislation concerning energy efficiency labelling and performance standards. The Guidelines are also intended to explain to stakeholders:

how the State and Territory legislation operates and is intended to be administered by State and Territory Regulatory agencies;
how standard procedures, rules and processes are intended to underpin State and Territory legislation;
the responsibilities of relevant State and Territory regulatory agencies; and
the responsibilities of industry.

For further information email energy.rating@greenhouse.gov.au

This page last modified 02 February 2009