Skip to main content
FOR INDUSTRY

Legislative framework

Understand the legislation behind the program.

Adult reading from a tablet in an office

Greenhouse and Energy Minimum Standards Act

The Greenhouse and Energy Minimum Standards Act 2012 (GEMS Act) is Australia's national framework for appliance and equipment energy efficiency. It came into effect on 1 October 2012.

The GEMS Act promotes the development and adoption of appliances and equipment that use less energy and produce less greenhouse gases.

It includes:

  • the legal basis for Greenhouse and Energy Minimum Standards (GEMS) Determinations to be made and what they must cover (Part 4)
  • requirements and processes to apply, vary, suspend or cancel registrations (Part 5)
  • the functions and establishment of the GEMS Regulator (Part 6)
  • provisions for monitoring and investigation activities (Part 7)
  • processes and penalties for non-compliance (Part 8)
  • provisions for appeal and review of decisions.

The GEMS Act is administered by the GEMS Regulator.

See GEMS Regulator for more information.

Lawyer office. Statue of Justice with scales and lawyer working on a laptop. Governance concept.

Amendments

On 21 September 2023, the GEMS Act was amended through the GEMS Amendment (Administrative Changes) Act 2023, adding regulatory flexibility. Specific changes include:

  • making it easier for suppliers and businesses to sell custom or bespoke products
  • extending ‘grandfathering’ provisions to compliant stock
  • streamlining the application of test standards and granting exemptions.

Reviews

The GEMS Act specifies that an independent review of the Act must be initiated after five years of its commencement, and every ten years thereafter.

GEMS Determinations

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

Supporting legislation

How it works in New Zealand

New Zealand participates in the E3 program in partnership with Australia. The E3 program is administered in New Zealand by the Energy Efficiency and Conservation Authority (EECA) which operates under the Energy Efficiency and Conservation Act 2000 and Energy Efficiency (Energy Using Products) Regulations 2002.

Products registered in Australia do not need to be registered again in New Zealand to be sold. However, they still need to meet all relevant New Zealand regulatory requirements, unless the Trans-Tasman Mutual Recognition Agreement applies.

Visit the Energy Efficiency and Conservation Authority website
Map of New Zealand
Was this page useful?
CAPTCHA