Document ID: chunk:federal_register_of_legislation:C2024C00480:section:5:p2
Version: federal_register_of_legislation:C2024C00480
Segment Type: section
Provision Reference: s 5 (pt 2/3)
Character Range: 18429–21272

force (see sections 34 and 35).
evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.
family of models: see subsection 12(3).
foreign jurisdiction means a foreign country, or a part of a foreign country.
GEMS is short for Greenhouse and Energy Minimum Standards.
GEMS business premises means any premises that are open to the public on a regular basis and:
 (a) that are used for, or in connection with, the supply of one or more GEMS products; or
 (b) at which one or more GEMS products are used for a commercial purpose.
GEMS determination: see subsection 11(2) and section 23.
GEMS labelling requirements: see section 26.
GEMS level requirements: see section 25.
GEMS product: see subsection 11(1).
GEMS Register: see section 39.
GEMS Regulator: see section 70.
high efficiency level for a product class: see paragraph 27(1)(a).
import into Australia includes bring into Australia.
issuing officer means:
 (a) a magistrate; or
 (b) a Judge of the Federal Circuit and Family Court of Australia (Division 2); or
 (c) a Judge of the Federal Court of Australia.
just terms: see section 174.
limited grandfathering period for a product class: see section 31.
manufacture, in relation to a product, means the creation of a product essentially different from the matters or substances that go into that creation, but does not include the following activities (whether performed alone or in combination with each other):
 (a) restoration or renovation processes such as repairing, reconditioning, overhauling or refurbishing;
 (b) minimal operations of pressing, labelling, ticketing, packaging and preparation for sale, whether conducted alone or in combination with each other;
 (c) quality control inspections.
manufacturer of a product means the person who performs, or has had performed on the person's behalf, the last process of manufacture of the product.
model: see subsection 12(2).
model identifier: see paragraph 12(2)(c).
offer to supply: see subsection 14(3).
operate: a product that uses energy operates at any time when the product is using energy.
Paris Agreement means the Paris Agreement done at Paris on 12 December 2015, as amended and in force for Australia from time to time.
Note: The Paris Agreement is in Australian Treaty Series 2016 No. 24 ([2016] ATS 24) and could in 2022 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au)
participating jurisdiction: see section 33.
person who has GEMS information: see section 122.
premises includes the following:
 (a) a structure, building, vehicle, vessel or aircraft;
 (b) a place (whether or not enclosed or built on);
 (c) a part of a thing referred to in paragraph (a) or (b).
product classes: see paragraph