Greenhouse and Energy Minimum Standards Act 2012

This Part sets out the main rules that govern supplying and offering to supply GEMS products and using GEMS products for commercial purposes.

Division 2 permits a GEMS product to be supplied or offered for supply only if certain GEMS determination requirements and registration requirements have been complied with.

Division 3 permits a GEMS product to be used for a commercial purpose only if certain GEMS determination requirements and registration requirements have been complied with.

Generally speaking, a product imported into, or manufactured in, Australia before the relevant GEMS determination comes into force may continue indefinitely to be supplied (or offered for supply), or used for a commercial purpose, without complying with the requirements of the GEMS determination or being registered against it (unless there is a limited grandfathering period (see section 31)).

The rules in Division 2 governing supplying, and offering to supply, GEMS products do not apply to second‑hand products. The rules in Division 3 governing use of GEMS products for commercial purposes do not apply to products supplied to the user in Australia.

A particular model of a GEMS product may be exempt (under section 37) from particular requirements of GEMS determinations on certain conditions. In addition, models of products in a particular product class may be exempt (under section 30) from registration requirements in relation to that product class. Furthermore, certain kinds of customised GEMS products may be offered for supply without being registered (see subsection 17(2A)).

A particular use of a GEMS product may also be exempt from the application of the rules in Division 3 if it is personal use, for testing purposes or is prescribed by the regulations (see section 20).

Contravening the rules in Division 2 or 3 may result in prosecution for offences or exposure to liability for civil penalties. All offences are strict liability. Different penalties apply depending on whether the relevant GEMS product is a category A or a category B product.