GEMS Act compliance explained
GEMS Act requirements
Under the GEMS Act, a product that uses energy or affects the amount of energy used by another product; and, is in a product class covered by a GEMS determination, is known as a GEMS product.
GEMS products can only be supplied or offered for supply, or used for a commercial purpose, if:
- the model of the product is registered under the GEMS Act against the relevant determination; and
- the product complies with the determination; and
- the supply, offer, or use complies with the determination.
GEMS Regulator and GEMS inspectors
The GEMS Regulator, who is responsible for monitoring and enforcing compliance with the GEMS Act, is assisted by GEMS inspectors who use inspection, monitoring and investigation powers provided by the GEMS Act. GEMS inspectors may also be assisted by other persons to exercise powers or perform functions under the Act.
The GEMS Regulator’s compliance objective is to maximise the number of responsible parties (individuals or organisations having obligations under the GEMS Act and who may be held liable for a contravention) who choose to voluntarily comply with the Act, whilst implementing strategies and responses to identify, and then deter, non-compliance.
The GEMS Regulator is committed to:
- assisting responsible parties to understand the requirements of the GEMS Act
- monitoring responsible parties’ compliance with the requirements
- actively pursuing those who opportunistically or deliberately contravene the Act.
The GEMS Compliance Policy outlines the principles adopted by the GEMS Regulator to maximise compliance with the GEMS Act. It is implemented via a framework that focuses on five elements:
Engagement and Education
Responding to Non-compliance
1. Engagement and education
Engagement, education, and support assist responsible parties to voluntarily comply with the requirements of the GEMS Act. As such, the GEMS Regulator and GEMS inspectors:
- work with responsible parties to help them understand the requirements of the Act
- attend and present at industry and consumer fora on compliance related issues
- publicise the GEMS Compliance Monitoring Program
- publicise the results of, and responses to, GEMS compliance monitoring activities as permitted by the Act
- publicise offences, contraventions, and adverse decisions, as permitted by the Act.
2. Monitoring compliance
Compliance monitoring activities assist the GEMS Regulator to determine a responsible party’s compliance status. The GEMS Regulator monitors compliance via:
3. Investigating non-compliance
The GEMS Regulator assesses each instance of suspected or alleged non-compliance and, where appropriate, conducts an investigation. Investigations incorporate the views of subject matter experts and provide transparent and defensible conclusions and recommendations for the GEMS Regulator to consider.
4. Responding to non-compliance
The GEMS Act provides the GEMS Regulator with educative, administrative, civil, and criminal response options. Each response considers a responsible party’s history, behaviour, motivation, and intention; and, is proportionate to the risk posed by the non-compliance. The following figure illustrates this relationship.
GEMS Regulator responses include:
- suspending a model’s registration
- cancelling a model’s registration
- enforceable undertakings
- infringement notices
- civil penalty orders
The GEMS Act also allows the GEMS Regulator to publicise details relating to enforcement responses including the names of registrants and the model numbers of GEMS products.
The GEMS Regulator regularly reviews all policies, processes, and activities to achieve an intelligence led, risk based approach to GEMS Act compliance.