Compliance approach

First, we educate 

The GEMS Regulator engages, educates and supports manufacturers, suppliers and retailers to help them understand the requirements of the Greenhouse and Energy Minium Standards Act 2012 and the consequences of non-compliance.

Specific educational activities include: 

• participating in industry and consumer forums on compliance related issues 
• publishing the Compliance Monitoring Program and associated results and responses 
• publishing offences, contraventions, and adverse decisions. 

Second, we monitor

Monitoring activities enable the GEMS Regulator to determine whether manufacturers, suppliers and retailers are complying with their requirements. 

Each year a Compliance Monitoring Program is developed that shows the focus areas for that year.

The GEMS Regulator monitors compliance via: 

• Check testing
• Market surveillance 
• Report non-compliance.

Third, we investigate

The GEMS Regulator assesses each case of suspected or alleged non-compliance and, where appropriate, investigates further. Investigations incorporate the views of subject matter experts and provide transparent and defensible conclusions.

Fourth, we respond to non-compliance

Where non-compliance has been confirmed, the GEMS Regulator has access to a range of educative, administrative, civil, and criminal response options. Specific actions the GEMS Regulator may take include:

• suspending or cancelling a model’s registration
• enforceable undertakings
• infringement notices
• civil penalty orders
• injunctions
• publishing enforcement responses including supplier names and product model numbers.

To determine the appropriate response, the GEMS Regulator considers the supplier’s history, behaviour, motivation and intention, as well as the risk posed by the non-compliance.