Document ID: chunk:federal_register_of_legislation:C2024C00480:section:12
Version: federal_register_of_legislation:C2024C00480
Segment Type: section
Provision Reference: s 12
Character Range: 32146–34018

12  Models of GEMS products to be registered in relation to product classes
 (1) A model of a GEMS product in a particular product class must be registered under Part 5 in relation to that product class, unless the model is exempt from registration in relation to that product class as specified in a GEMS determination (see section 30).
Note 1: If the model is in more than one product class, the model will need to be registered under Part 5 in relation to each of those product classes.
Note 2: Offences apply in relation to supplying a GEMS product, or using a GEMS product for a commercial purpose, if the model of the product is not registered (see Part 3).
 (2) Two or more GEMS products are of the same model if, and only if:
 (a) the products have the same technical specifications, in so far as those specifications relate to the extent to which the products comply with the requirements of this Act; and
 (b) either:
 (i) there is a single brand or trade mark used in supplying or offering to supply the products; or
 (ii) if there is no such brand or trade mark—the products have the same manufacturer; and
 (c) there is a single unique identifier (the model identifier) used in supplying or offering to supply the products, or manufacturing the products, to identify the products as being of that model.
Note 1: The expression this Act has an extended meaning (see the Dictionary in section 5).
Note 2: A model may be registered in relation to a product class even if there is only one product of that model (see subsection 41(2)).
 (3) A single registration may cover 2 or more models in relation to a product class only if those models are in the same family of models in accordance with the GEMS determination for that product class (see section 28).
 (4) A model cannot be covered by more than one registration in relation to a particular product class.