Greenhouse and Energy Minimum Standards Act 2012

The GEMS Regulator may apply to an issuing officer for an order permitting the retention of a product given in accordance with subsection 57(1) for a further period if proceedings in respect of which the product may afford evidence have not commenced before the end of:

6 months after the product was given; or

a period previously specified in an order of an issuing officer under this section.

Before making the application, the GEMS Regulator must:

take reasonable steps to discover who has an interest in the retention of the product; and

if it is practicable to do so, give notice of the proposed application to each person whom the GEMS Regulator believes to have such an interest.

The issuing officer may order that the product continue to be retained for a period specified in the order if the issuing officer is satisfied that it is necessary for the product to continue to be retained:

for the purposes of determining whether the model of the product complies with the GEMS determination against which it is registered; or

for the purposes of an investigation as to whether a compliance obligation has been contravened; or

to enable evidence of a contravention mentioned in paragraph (b) to be secured for the purposes of a prosecution or an action to obtain a civil penalty order under the Regulatory Powers Act.

The period specified must not exceed 3 years.

A power conferred on an issuing officer by this section is conferred on the issuing officer:

in a personal capacity; and

not as a court or a member of a court.

The issuing officer need not accept the power conferred.

An issuing officer exercising a power conferred by this section has the same protection and immunity as if the issuing officer were exercising the power:

as the court of which the issuing officer is a member; or

as a member of the court of which the issuing officer is a member.