Greenhouse and Energy Minimum Standards Act 2012

A model of a GEMS product in a particular product class must be registered under Part 5 in relation to that product class, unless the model is exempt from registration in relation to that product class as specified in a GEMS determination (see section 30).

If the model is in more than one product class, the model will need to be registered under Part 5 in relation to each of those product classes.

Offences apply in relation to supplying a GEMS product, or using a GEMS product for a commercial purpose, if the model of the product is not registered (see Part 3).

Two or more GEMS products are of the same model if, and only if:

the products have the same technical specifications, in so far as those specifications relate to the extent to which the products comply with the requirements of this Act; and

either:

there is a single brand or trade mark used in supplying or offering to supply the products; or

if there is no such brand or trade mark—the products have the same manufacturer; and

there is a single unique identifier (the model identifier) used in supplying or offering to supply the products, or manufacturing the products, to identify the products as being of that model.

The expression this Act has an extended meaning (see the Dictionary in section 5).

A model may be registered in relation to a product class even if there is only one product of that model (see subsection 41(2)).

A single registration may cover 2 or more models in relation to a product class only if those models are in the same family of models in accordance with the GEMS determination for that product class (see section 28).

A model cannot be covered by more than one registration in relation to a particular product class.