Greenhouse and Energy Minimum Standards Act 2012

A GEMS product is 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.

A GEMS determination is a determination made by the Minister under section 23 that:

specifies one or more classes of products (product classes) that it covers; and

specifies requirements for products in those product classes in accordance with Part 4.

For when a GEMS determination is in force, see sections 34 and 35.

For the purposes of paragraph (2)(a), a GEMS determination may specify a class of product in any way including, but not limited to, by reference to the following:

the function the products perform;

the materials from which the products are manufactured;

the size or capacity of the products;

whether the products contain a particular feature or are capable of operating in different modes;

the intended or expected end use of the products.

A single product may be in more than one product class (whether or not specified in the same GEMS determination).

If a single product is in more than one product class, the product must comply with requirements under this Act for each of those product classes.

A GEMS product in a product class covered by a GEMS determination is either a category A product or a category B product for that product class, as specified in the determination (see section 29).

Different penalty levels apply for certain offences under this Act, depending on whether a product is a category A product or a category B product for a product class.

A replacement determination is a GEMS determination made in accordance with section 35 that specifies that it replaces another GEMS determination (a revoked determination).