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08 June 2022

Administrative Appeals Tribunal review outcome for matter Pioneer International Pty Ltd and Greenhouse and Energy Minimum Standards Regulator [2022] AATA 1587

Judge about to hit the gavel in courtroom

On 9 December 2020, the GEMS Regulator under section 54(1)(b)(iv) of the Greenhouse and Energy Minimum Standards Act 2012 (the GEMS Act) cancelled the GEMS registration of a Pioneer International air conditioner (model GR-18CHSA/GIF-18CHSA).

  • The GEMS Regulator was not satisfied the model complied with the relevant GEMS determination as a result of a Stage 1 check test (laboratory testing to determine if the air conditioning unit complies with the requirements of the Greenhouse and Energy Minimum Standards (Air-Conditioners and Heat Pumps) Determination 2013).
  • The GEMS Regulator subsequently issued a notice to the registrant, Pioneer International Pty Ltd, under section 61 of the GEMS Act.
  • The notice required the registrant to either apply to cancel the model’s registration, or arrange for further testing by a certain date.
  • The registrant failed to take either step, and as a result the GEMS Regulator cancelled the model’s registration under section 54(1)(b)(iv).

The registrant challenged the cancellation of the model registration and referred the matter to the Administrative Appeals Tribunal (AAT). Hearings in relation to this matter concluded on 30 September 2021.

On 8 June 2022, the AAT affirmed the decision of the GEMS Regulator. The Tribunal formed the conclusion that the section 61 notice was valid and the exercise of discretion to cancel the unit’s registration in accordance with section 54(1)(b)(iv) was appropriate.

The result supports the work of the GEMS Regulator from an enforcement and education perspective.

The decision and reasons can be viewed on the Austlii website.

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