Document ID: chunk:federal_register_of_legislation:C2024C00480:section:26
Version: federal_register_of_legislation:C2024C00480
Segment Type: section
Provision Reference: s 26
Character Range: 60293–62488

26  GEMS requirements—GEMS labelling requirements
 (1) The GEMS labelling requirements for a product class are as follows:
 (a) requirements relating to the information that must be communicated in connection with supplying or offering to supply products in that product class (see subsection (2));
 (b) requirements relating to the manner in which that information must be communicated (see subsection (2));
 (c) requirements for conducting tests in relation to products in that product class, using the methods specified in the determination, in order to rate them against criteria specified for the product class in the determination for the purposes of complying with a requirement under paragraph (a).
Note: Requirements under paragraph (a) or (b) may relate, for example, to one or more of the following:
(a) the characteristics, contents, placement and quality of labels or marks attached or applied to products or displayed on packaging for products;
(b) documents or other material used for, or provided in connection with, the supply of products;
(c) advertising products.
 (2) A requirement may only be specified under paragraph (1)(a) or (b) in relation to a product class for the purpose of:
 (a) ensuring that products in that product class can be compared with other products in relation to a matter that is, or could be, the subject of a requirement of the GEMS determination for that product class; or
 (b) assisting with monitoring compliance with this Act; or
 (c) providing a transition to regulation of products in the product class under the GEMS determination (including because the products were not previously covered by a GEMS determination or because the GEMS determination is a replacement determination); or
 (d) ensuring that, if the product class is specified by reference to the intended or expected end use of the products, the intended or expected end use is communicated in connection with supplying or offering to supply products in that product class.
Note 1: The expression this Act has an extended meaning (see the Dictionary in section 5).
Note 2: A requirement specified for the purpose of paragraph (2)(c) is a transitional GEMS labelling requirement.