Regulator declarations

Overview

The Greenhouse and Energy Minimum Standards (GEMS) Regulator may make declarations under the Greenhouse and Energy Minimum Standards Act 2012 (Act). The purpose of this is to support registrants to comply with the product determination where there are alternate requirements, or updated standards or documents that could be used to demonstrate compliance without compromising the integrity of the determination.

To do this the GEMS Regulator makes a legislative instrument (a declaration) that:

• specifies the relevant determination, and associated classes of products, or models that are covered by the declaration
• specifies the alternative requirements those products or models can use to demonstrate compliance with the determination.

This may apply, for example, to test methods being used to demonstrate the energy efficiency of a product.

When a new determination revokes and replaces an old determination, any declarations associated with the old determination, such as deemed compliance instruments, are also revoked.

For example, the Greenhouse and Energy Minimum Standards (Clothes Washing Machines) Determination 2015 (2015 determination) was revoked on the day that the Greenhouse and Energy Minimum Standards (Clothes Washing Machines) Determination 2024 commenced. This meant that, the declaration(s) made for the 2015 determination were also revoked along with the determination.

Deeming compliance for alternative requirements declarations

The GEMS Regulator may deem alternative requirements compliant under section 27A of the Greenhouse and Energy Minimum Standards Act 2012 (Act). 

Before the GEMS Regulator makes a declaration under section 27A of the Act, they must be satisfied that the alternative requirement or method is likely to promote the objects of the Act.

Alternative requirements could include alternate test mthods to demonstrate energy efficiency that are not already identified in the determiatnions.

Incorporated material for a determination as in force or existing from time to time

Section 34A of the Greenhouse and Energy Minimum Standards Act 2012 (Act) provides the GEMS Regulator with the flexibility to update incorporated standards or documents within a determination to reflect the most current version when minor updates to these standards or documents have been made. This provides flexibility for determinations to remain aligned with the latest industry practices and testing methodologies where possible.

Before an incorporated instrument can be made, the GEMS Regulator must be satisfied that the changes are minor. The GEMS Regulator would also have regard to the impact of the changes and how they impact the intent of the determination.

This ensures that the changes do not compromise the determination’s role or undermine requirements for consultation when more significant changes are needed.

When a new determination revokes and replaces and old determination, any declarations associated with the old determination, such as instruments to incorporate material, are also revoked.