Document ID: chunk:federal_register_of_legislation:F2019L01066:clause:1_9:p1
Version: federal_register_of_legislation:F2019L01066
Segment Type: clause
Provision Reference: sch 1 cl 9 (pt 1/2)
Character Range: 13387–16320

9  GEMS labelling requirements

Labelling and communication requirements
 (1) For paragraph 24(1)(b) of the Act, this section specifies GEMS labelling requirements in accordance with section 26 of the Act for products covered by this Determination.
 (2) At the time of retail supply, or offer of retail supply, of a product covered by this Determination at a GEMS retail premises, an energy rating label must accompany the product or its packaging.
Note: For the definitions of energy rating label and GEMS retail premises, see subsection (8).

Conducting tests
 (3) For paragraphs 24(1)(b) and 26(1)(c) of the Act, the specified requirements for conducting tests for products covered by this Determination are the requirements mentioned in:
 (a) section 2 of AS/NZS 4474:2018; and
 (b) clause 4.8 of AS/NZS 4474:2018 (Declared Automatic Controls); and
 (c) subclause 4.9.1 of AS/NZS 4474:2018 (Circumvention Devices).

Labelling requirements if this Determination is revoked
 (4) A GEMS labelling requirement of this Determination (the revoked requirement) is taken to be complied with if:
 (a) this Determination is revoked in accordance with paragraph 35(1)(a) of the Act; and
 (b) another GEMS determination (the replacement determination) is made in accordance with paragraph 35(1)(b) of the Act; and
 (c) a transitional GEMS labelling requirement (the replacement requirement) of the replacement determination provides that, if the replacement requirement is complied with, the revoked requirement is taken to be complied with.

Transitional GEMS labelling requirements
 (5) For paragraph 26(2)(c) of the Act, a product covered by this Determination must comply with the GEMS labelling requirement of either:
 (a) this Determination; or
 (b) the revoked Determination.
 (6) Subsection (5) applies to a product if:
 (a) the model of the product was registered (whether under this Determination or the revoked Determination) before the date this Determination comes into force; and
 (b) the product is supplied or offered for supply while the registration is in force.
Note: For paragraph (b), see Division 5 of Part 5 of the Act for when a registration is in force.
 (7) Subsection (5) applies irrespective of whether:
 (a) the supply or offer for supply is before or after this Determination comes into force; or
 (b) the product was imported into, or the product's last process of manufacture is performed in, Australia before or after this Determination comes into force.
 (8) In this section:
  energy rating label means a label that meets the requirements in:
 (a) section 2 of AS/NZS 4474:2018 (Determination of Energy Consumption); and
 (b) section 3 of AS/NZS 4474:2018 (Calculations for Energy Rating Label); and
 (c) section 6 of AS/NZS 4474:2018 (Content, Format and Affixing Energy Rating Labels).
  GEMS retail premises means any premises:
 (a) that are open to the public on a regular basis; and
 (b) that are used