Legislative framework

GEMS Determinations

Determinations establish energy efficiency requirements for regulated products before they can be supplied in Australia.

• Determinations specify

  Determinations specify if a product needs:

  1. Minimum Energy Performance Standards (MEPS), that is GEMS level requirements which is energy use or greenhouse gas production
  2. to display an Energy Rating Label (ERL) under GEMS labelling requirements outlining the information that must be communicated when selling the product
  3. to meet any other requirements relating to functionality, the environment and human health.

  MEPS:

  • specify the minimum level of energy performance that products must meet or exceed before they can be registered and supplied in Australia
  • can be specified in the determination or refer to separately published standards that the product must comply with.

  ERLs:

  • help the consumer make informed choices about the energy efficiency of appliances they buy
  • display a star rating and the estimated annual energy consumption value in kilowatt hours for the product. The determination outlines the specifications of the Energy Rating Label for the product, including details on the size, content and display of the label.

• Deemed compliance declarations

  The GEMS Act gives the GEMS Regulator authority to deem alternative requirements compliant with the Act. This is referred to as ‘deemed compliance’ under section 27A of the Act.

  See Product deemed compliance under section 27A of the Act for information about declarations and why these decisions are made.

Supporting legislation

• Greenhouse and Energy Minimum Standards Regulation 2012

  The Regulations outlines the:

  • processes that the regulator must undertake to grant an exemption for a product
  • contact details that must be provided by applicants during product registration.

• Greenhouse and Energy Minimum Standards (Authorisation Requirements for Testing GEMS Products) Instrument 2021

  The Testing Instrument allows the GEMS Regulator to appoint a body to test products for the purposes of compliance.

• Greenhouse and Energy Minimum Standards (Registration Fees) Act and Instrument

  The Fees Act enables the GEMS Regulator to set fees for registration applications. Registration fee amounts are listed in the Fees Instrument.

• Greenhouse and Energy Minimum Standards (Fees for GEMS Regulator Services) Instrument 2019

  The Varying an application Instrument specifies application fees to:

  • add additional models
  • change the registrant.

• Greenhouse and Energy Minimum Standards (Deemed Compliance) Declaration

  A Declaration enables the GEMS Regulator to deem alternative requirements compliant under section 27A of the Act.

  See Product deemed compliance under section 27A of the Act for information about declarations and why these decisions are made.