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Compliance Monitoring Program
How we monitor compliance.
Overview
Each year, the Greenhouse and Energy Minimum Standards (GEMS) Regulator publishes a Compliance Monitoring Program that sets out our approach to monitoring compliance.
Under the program, the GEMS Regulator tests registered products to make sure they are meeting energy efficiency requirements (check testing) and checks whether products are registered and labelled (market surveillance).
These activities help ensure Australians can be confident in the energy-efficiency of appliances and equipment they purchase.
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Compliance Monitoring ProgramCheck testing
Check testing is when the GEMS Regulator tests the energy efficiency of registered product models.
The purpose of check testing is to verify (through laboratory testing) whether the model meets Minimum Energy Performance Standards and meets the energy efficiency claims of the supplier.
The process and principles of check testing are outlined in the GEMS Check Testing Policy.
Who conducts check testing?
Check tests are conducted on behalf of the GEMS Regulator by National Association of Testing Authorities accredited or affiliated testing laboratories, based either in Australia or overseas. These testing laboratories must meet certain requirements to be used for check testing.
The process
Check testing follows four main steps.
- Selecting models for testing.
- Acquiring products.
- Initial check testing by the GEMS Regulator.
- Additional check testing if the first test fails, conducted by the GEMS Regulator at the supplier’s expense.
The models chosen for check testing in any given year are selected using a risk-based approach that considers a range of factors such as:
- information and intelligence
- the compliance history of the brand and product
- the history of the testing laboratory used by the supplier.
If a model fails both the initial and additional check testing, the registration of the model will be cancelled and the model can no longer be supplied Australia.
How check tests work
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Initial check testing
A single product is tested and the product must meet the requirements of the relevant Greenhouse and Energy Minimum Standards Determination.
If the product passes, the supplier is notified that their model is compliant, and no further action is taken.
If the product fails, the supplier will be notified and provided with the check testing results. The supplier has the right of reply. Their reply will underpin the GEMS Regulator’s decision whether to issue a notice under section 61 of the Greenhouse and Energy Minimum Standards Act 2012. The section 61 notice requires the registrant to either cancel the registration of the model or arrange for up to three additional products of the same model to be check tested.
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Additional check testing
If the supplier decides to have more products tested when the initial products failed the check test, the GEMS Regulator will select additional products of the same model for check testing. Tests are at the expense of the supplier.
First, two products are tested.
If two products pass, the supplier is notified that their model is compliant, and no further action is taken.
If one product passes and one product fails, a third product is tested. If the third product:
- passes — the supplier is notified that their model is compliant, and no further action is taken
- fails — the supplier will be notified and provided with the check testing results, and the product model’s registration will be cancelled.
If two products fail, the supplier will be notified and provided with the check testing results. The product model’s registration will be cancelled.
Market surveillance
Market surveillance is when the GEMS Regulator checks that products:
- sold in-store meet the registration and labelling requirements outlined in the relevant Greenhouse and Energy Minimum Standards Determination
- offered on-line meet the registration requirements outlined in the relevant Greenhouse and Energy Minimum Standards Determination.
Who conducts market surveillance?
Market surveillance activities are undertaken by GEMS inspectors appointed by the GEMS Regulator. These activities are conducted at various times and at locations nationally throughout the year.
Activities
Market surveillance activities focus on retailers, suppliers, importers, and where applicable, manufacturers, for each financial year.
Other information
Activities
Other resources
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