Greenhouse and Energy Minimum Standards Act 2012

The GEMS Regulator may give a registrant for a registration of a model in relation to a product class a written notice requiring the registrant to take the action specified in subsection (2) if the GEMS Regulator believes, on reasonable grounds, that the model does not comply with the GEMS determination against which it is registered.

The registrant is taken to have been given a notice under this Act if the notice is given to a contact person for the registration (see section 68).

The registrant must either:

apply under subsection 54(2) to cancel the registration of the model within a period specified in the notice; or

do both of the following within a period specified in the notice:

arrange for further testing and examination (at the registrant’s own expense) of one or more specified products of the model, or products of another model that is covered by the same registration, as specified in the notice;

notify the GEMS Regulator of the results of the test or examination.

A notice under subsection (1) must also specify the following matters:

the day on which the notice is given;

the name of the registrant for the registration of the model in relation to the product class;

the model of the GEMS product;

the manner in which the GEMS Regulator believes that the model does not comply with the GEMS determination against which the model is registered;

for the purposes of paragraph (2)(b)—the manner in which the specified product or products must be tested or examined, including any or all of the following:

the matters in relation to which the product or products must be tested;

the methods for testing;

any specified persons who are required to examine or test the product or products;

that the GEMS Regulator may suspend the registration under section 49, or cancel the registration under section 54, if the registrant does not comply with the notice.

A notice given under subsection (1) is not a legislative instrument.