GEMS Inspections Frequently Asked Questions

Displaying the Energy Rating Label

• If the label disappears, falls off, or becomes damaged, do I need to replace it?

  

  Yes, it is the retailer’s responsibility to make sure the product has a correctly displayed Energy Rating Label. This means someone must attach a replacement Energy Rating Label to the product. You can seek a copy of the Energy Rating Label from the manufacturer, print the label to the correct size and in colour, and attach it to the product.

  Tip: GEMS Compliance inspectors look for incorrectly displayed, peelings or obscured labels.

• Can I leave the product in the packaging to offer it for supply or sale?

  Yes, but only if the Energy Rating Label is visible on the packaging. This means either the printed packaging displays the Energy Rating Label, or someone attaches a copy of the label to the package.

  It is important to remember that the Energy Rating Label must be visible to the purchaser. It cannot be hidden or obscured, for example behind a price tag or at the back of a box.

  If the packaging comes with an Energy Rating Label printed on it, ensure it faces forward so a consumer can see it.

  Tip: GEMS Compliance inspectors look for incorrectly displayed, peeling or obscured labels.

• What if the product I wish to display to customers does not have an Energy Rating Label?

  If there is no Energy Rating Label, you need to ask the supplier or manufacturer to send you a PDF copy of the label. Print the label to the correct size in colour, then stick it to the product, this is an interim measure until you receive the actual label from the supplier. If the product is being displayed within its packaging, attach the label to the packaging.

   

  

  Do not print and display the Energy Rating Icons on products in store. Energy Rating Icons are different to Energy Rating Labels. Icons only include the energy rating stars, and do not contain the product’s brand or model number, as seen above. Icons can only be used for online and print advertising.

  

  If you’re experiencing issues with getting a label or icon from the manufacturer please report it to the GEMS Compliance team compliance@gems.gov.au.

• Wondering how to display products with Energy Rating Labels and Zoned Energy Rating Labels?

  We have created materials for retailers, suppliers and contractors to ensure appliances display Energy Rating Labels correctly.

  See our publications Displaying the Energy Rating Label for more support.

Registered products

• How do I know that the product is registered?

  Product registration can be checked by searching the Energy Rating Registration Database.

Non compliance

• How will the Regulator respond to non-compliance?

  The Greenhouse and Energy Minimum Standards Regulator takes a risk-based approach to non-compliance. The regulator makes every effort to assist responsible parties to voluntarily comply.

  Where suppliers are attempting to comply, in the first instance, we will provide education and support you to comply.

  Our compliance objective is to maximise the number of responsible parties who choose to voluntarily comply with the Greenhouse and Energy Minimum Standards Act 2012, whilst implementing strategies and responses to identify, and then deter, non-compliance.

• What if something is found to be non-compliant during a store inspection?

  If items are non-compliant they will be included in the Compliance Monitoring Report that the Greenhouse and Energy Minimum Standards Inspector creates. The report will be emailed to the store representative after the inspection.

  The store can become compliant by following the inspector’s report and address the issues noted in the inspection summary.

  To stay compliant:

  • ensure that regulated products correctly display the Energy Rating Label
  • contact the manufacturer if the Energy Rating Label has not been supplied, is lost or damaged so a replacement label can be provided. In the interim, print a label to the correct size, in colour and attach it to the product.
  • remove unregistered products from being offered for supply by checking the product’s registration in the Energy Rating Registration Database.

  If you have any further questions once you receive the summary please contact us at compliance@gems.gov.au

• What happens when a retailer or business doesn’t comply with the Greenhouse and Energy Minimum Standards Act 2012?

  The Greenhouse and Energy Minimum Standards Regulator will consider the responsible party’s non-compliance history, behaviours, motivations and intentions to determine a response.

  If the regulator identifies a deliberate failure to comply, there are a range of responses including:

  • enforceable undertakings
  • infringement notices
  • civil penalty orders
  • injunctions.

• How do I report non-compliance? And what will happen?

  Suspected non-compliance can be reported by sending an email to compliance@gems.gov.au.

  Your email should be as detailed as possible. Include information about:

  • the product, including the brand and model number
  • where it is being supplied, including the name, address and contact details if possible
  • why you believe it does not comply to the Greenhouse and Energy Minimum Standards Act 2012
  • Your contact information, unless you wish to remain anonymous. Your contact details will allow us communicate with you, if necessary, to clarify the information provided.