Document ID: chunk:federal_register_of_legislation:C2023A00077:clause:1_26
Version: federal_register_of_legislation:C2023A00077
Segment Type: clause
Provision Reference: sch 1 cl 26
Character Range: 10478–11351

26  At the end of subsection 19(2)
Add:
 ; or (d) the following conditions are satisfied:
 (i) the product is imported into, or the product's last process of manufacture is performed in, Australia at a time (the earlier time) before the GEMS determination comes into force;
 (ii) if there is a limited grandfathering period under the GEMS determination for the product class (see section 31)—the use of the product occurs before the end of that period;
 (iii) the product currently complies with any pre‑existing GEMS determination that was in force at the earlier time;
 (iv) if there was no such pre‑existing GEMS determination—the use of the product for a commercial purpose in a State or Territory at the earlier time would not have contravened a law of the State or Territory relating to energy use by products, or greenhouse gases resulting from operating products.