Application for Exemption from Requirements of GEMS Determination

Application for exemption from requirements of GEMS determination

This application form is for use by suppliers or commercial users of a model who wish to apply for an exemption from requirements of a GEMS determination under section 37 of the Greenhouse and Energy Minimum Standards Act 2012 (Cth) (GEMS Act). Models covered by an exemption are still required to be registered in accordance with the GEMS Act. This form has been approved by the GEMS Regulator.

Please complete and submit this form and all relevant supporting documents to the GEMS Regulator—see page 5 for contact details.

PART A — APPLICANT DETAILS

An application for exemption from requirements of a GEMS determination may only be made by a supplier or commercial user* of the GEMS product.

1.  Please indicate your connection to the model. Are you are a (tick which one applies):

2.  Applicant details:

Name of applicant (business or individual): /
Trading name of business: (If the applicant is a business) /
/ Number:
Postal address: /
State/Territory: / Postcode:
Telephone: / () / Mobile:
Email address:

3.  Contact person’s details

A contact person is required for notification of the GEMS Regulator’s decision.

First Name: / Last Name: /
Position: /
Postal Address: /
State/Territory: / Postcode:
Telephone: / () / Mobile:
Email address: / Fax:

PART B — DETAILS OF THE MODEL FOR WHICH EXEMPTION IS SOUGHT

1.  Product class (from relevant GEMS Determination):
2.  Brand or trademark used in connection with model (if any):
3.  Model identifier (model number):
4.  Description of model:
5.  Please provide details of your connection to the model:

PART C — REASONS FOR SEEKING EXEMPTION FROM REQUIREMENTS OF GEMS DETERMINATION

1.  The following are considerations that the GEMS Regulator must and may take into consideration when assessing your application for exemption.

Note: You should include all information you consider relevant to the application for an exemption and that you wish to be taken into account in deciding the application. This could include test reports, user manuals and the end-use market for the model. If necessary, further information may be included in an attachment to this application.

In making a decision about an application for an exemption from a GEMS determination, or in deciding whether to specify a condition that an exemption will be subject to, the GEMS Regulator must consider:

a.  the impact on Australia’s greenhouse gas emissions if the exemption is granted;

b.  any grounds relied upon, or matters considered, in the making of the GEMS determination for the GEMS product under section 23 of the GEMS Act, including the matters considered in determining the efficiency and labelling requirements.

For the matters considered in determining the efficiency and labelling requirements, see, for instance, the Regulatory Impact Statement relating to the relevant GEMS determination. Regulatory Impact Statements are available on the energy rating website at www.energyrating.gov.au.

Reason for application and impact on greenhouse gas emissions

In the box below, please provide the reason that you are seeking an exemption from the requirements of the GEMS Determination and how this would impact on Australia’s greenhouse gas emissions if the exemption is granted. Also, please refer to the Regulatory Impact Statement relating to your product and advise of other relevant issues that may relate to your application for exemption.

Costs and conditions

In considering your application for exemption, the GEMS Regulator may also consider:

a.  the cost to the applicant of complying with the GEMS determination if the exemption is not granted;

b.  whether imposing a condition on the exemption could:

i.  minimise or prevent a negative impact on Australia’s greenhouse gas emissions that may result from granting the exemption; and

ii.  deliver a reasonable outcome for the applicant;

c.  any other matter the GEMS Regulator considers relevant.

In the box below, please set out any cost to you if an exemption is not granted; whether you consider any conditions should be attached to the exemption; and any other information you consider may be relevant for the GEMS Regulator’s consideration.

Supporting documents

Any documents you wish to be taken into account by the GEMS Regulator in support of your reasons for seeking the exemption must be provided with this application form (eg. Product specifications and test reports, etc).

Requests for further information

The GEMS Regulator may request further documentation or information in support of your application. If a request for further documentation or information is made, the GEMS Regulator will delay consideration of the application until you provide the requested information or documentation. The GEMS Regulator may also proceed to decide an application if information or documentation is not provided within the time specified in the notice.

For further information about seeking an exemption from requirements of GEMS Determinations please see the Greenhouse and Energy Minimum Standards Act 2012 or visit www.energyrating.gov.au

For further questions please contact the Energy Rating Team via email at

PART D – DECLARATION BY APPLICANT

·  I declare that the information provided in this form is complete, truthful and accurate in every detail.

·  I understand that it may be an offence to provide false or misleading information in this application.

·  I have the authority to represent the registrant for the purposes of making this application.

Full name: /
Position: /
Signature: / Date: /
If submitting by email, please print, sign and email the scanned document.

HOW TO APPLY

Please submit this form and all relevant supporting documents to the GEMS Regulator.

By email: (preferred)

By post:

GEMS Regulator

Department of the Environment and Energy

John Gorton Building, King Edward Terrace, Parkes ACT 2600

PO Box 787, Canberra, ACT, 2601

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GEMS Regulator: Application for exemption from requirements of GEMS determination