FOR INDUSTRY
Apply for an exemption
Understand the requirements for a successful application.
Apply for an exemption
Suppliers or commercial users can apply for an exemption from one or more requirements under section 37 of the Greenhouse and Energy Minimum Standards Act 2012 (GEMS Act). The GEMS Regulator may exempt a model(s) of a GEMS product from requirements of a determination, including:
- GEMS level requirements
- GEMS labelling requirements
- other GEMS requirements (as defined in the relevant determination)
- one or more aspects of any of the requirements listed above.
If you have any questions in relation to the exemption process, contact the Energy Rating Team at energyrating@dcceew.gov.au.
Grandfathering of model(s) of a GEMS product
Consider whether your GEMS product is subject to grandfathering before you apply for an exemption. If the model(s) of the GEMS product satisfies the requirements set out in the grandfathering provisions at subsections 16(2)(c), 17(2)(c), 18(2)(d) or 19(2)(d) of the Act, an exemption may not be required. If necessary, you should seek independent legal advice on the application of grandfathering provisions to your individual circumstances.
Process for an exemption
Step 1 – Apply
Submit a completed form with supporting documentation that will assist with the consideration of your application. This evidence may include, but is not limited to:
- test reports
- quotes for undertaking testing
- sales data and/or projected sales data
- evidence for dates of import or manufacture, such as shipping bills
- company policy regarding next steps should the exemption not be granted
- costs of complying with the GEMS determination should the exemption not be granted
- breakdown of financial losses if the exemption is not granted, including landfill disposal costs.
The GEMS Regulator will request further information if insufficient information is provided with the original application. Each request for further information will extend the processing time by at least a month. Providing all required information and addressing all relevant matters with the initial exemption application form will reduce processing time.
Step 2 – Assessment of the application
The GEMS Regulator will review the evidence to make an unbiased and informed decision.
Applications can take up to several months to process as we evaluate and assess each application on a case-by-case basis.
According to the Greenhouse and Energy Minimum Standards Regulation 2012 (the Regulation), the GEMS Regulator must consider both of the following:
- the impact on Australia’s greenhouse gas emissions if the exemption is granted
- any grounds relied upon, or matters considered, in making the relevant GEMS determination.
The Regulation sets out the factors the GEMS Regulator may consider in deciding whether to grant an exemption, including:
- the cost of complying with the GEMS determination if the exemption is not granted
- whether imposing a condition on the exemption could minimise or prevent a negative impact on Australia’s greenhouse gas emissions and deliver a reasonable outcome for you
- any other matter that the GEMS Regulator considers relevant.
Step 3 – Notification of assessment
The GEMS Regulator will notify you once your application has been assessed.
Application outcome
-
Successful
If your application is successful, you must register the relevant GEMS product model(s) and pay any associated fees via the Energy Rating Product Registration System.
The GEMS Regulator may specify conditions regarding an exemption, including:
- requiring testing requirements
- the model(s) be labelled in a specified way
- the supply or commercial use of model(s).
Exemptions granted by the GEMS Regulator in Australia do not apply in New Zealand. Visit How to Apply for a Minimal Quantities Exemption on the Energy Efficiency and Conservation Authority’s website for more information.
-
Unsuccessful
If your application is unsuccessful, you will be notified of the GEMS Regulator’s decision.
You must comply with the decision of the GEMS Regulator and cannot supply, offer to supply, or use for commercial purposes, the identified model(s) unless GEMS requirements are met.