Document ID: chunk:federal_register_of_legislation:F2012L02037:body:0:p1
Version: federal_register_of_legislation:F2012L02037
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Greenhouse and Energy Minimum Standards Regulation 20121

  Select Legislative Instrument 2012 No. 239

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Greenhouse and Energy Minimum Standards Act 2012.
Dated 11 October 2012

  QUENTIN BRYCE
  Governor-General
  By Her Excellency's Command

  MARK DREYFUS
  Parliamentary Secretary for Climate Change and Energy Efficiency

Contents

Part 1 Preliminary

 1.1 Name of regulation
 1.2 Commencement
 1.3 Definitions

Part 4 GEMS determinations

Division 4.1 Exempting models of GEMS products from GEMS determinations

 4.1.1 Purpose of Division
 4.1.2 GEMS Regulator may exempt model of GEMS product from requirements of GEMS determination
 4.1.3 Application for exemption
 4.1.4 GEMS Regulator may request further information or documentation
 4.1.5 Matters to which GEMS Regulator must have regard
 4.1.6 Matters to which GEMS Regulator may have regard
 4.1.7 GEMS Regulator to provide notice of decision on application for exemption

Part 5 Registering models of GEMS products

 5.1 Application requirements—contact persons and contact details

Part 1 Preliminary

1.1 Name of regulation

  This regulation is the Greenhouse and Energy Minimum Standards Regulation 2012.

1.2 Commencement

  This regulation commences on the day after it is registered.

1.3 Definitions

  In this regulation:
ABN has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.
ACN has the meaning given by section 9 of the Corporations Act 2001.
Act means the Greenhouse and Energy Minimum Standards Act 2012.

Part 4 GEMS determinations

Division 4.1 Exempting models of GEMS products from GEMS determinations

4.1.1 Purpose of Division

  For section 37 of the Act, the purpose of this Division is to set out the circumstances in which the GEMS Regulator may exempt a model of a GEMS product from the requirements of a GEMS determination.

4.1.2 GEMS Regulator may exempt model of GEMS product from requirements of GEMS determination

  The GEMS Regulator may exempt a model of a GEMS product from one or more requirements of a GEMS determination:
 (a) on the GEMS Regulator's own initiative; or
 (b) on application by a supplier or commercial user of the GEMS product.

4.1.3 Application for exemption

 (1) An application for an exemption must:
 (a) be in a form approved by the GEMS Regulator; and
 (b) set out the contact details mentioned in subsection (2); and
 (c) set out the reasons for seeking the exemption including addressing the matters mentioned in section 4.1.5; and
 (d) be accompanied by documentation supporting the applicant's reasons for seeking the exemption.

 (2) For paragraph (1) (b), the contact details for an applicant are the following:
 (a) if the applicant is an individual—the name of the individual;
 (b) if the applicant is a business:
 (i)