Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A GEMS product is a product that:
(a) uses energy or affects the amount of energy used by another product; and
(b) is in a product class covered by a GEMS determination.
(2) A GEMS determination is a determination made by the Minister under section 23 that:
(a) specifies one or more classes of products ( product classes ) that it covers; and
(b) specifies requirements for products in those product classes in accordance with Part 4.
Note: For when a GEMS determination is in force, see sections 34 and 35.
(2A) For the purposes of paragraph (2)(a), a GEMS determination may specify a class of product in any way including, but not limited to, by reference to the following:
(a) the function the products perform;
(b) the materials from which the products are manufactured;
(c) the size or capacity of the products;
(d) whether the products contain a particular feature or are capable of operating in different modes;
(e) the intended or expected end use of the products .
(3) A single product may be in more than one product class (whether or not specified in the same GEMS determination).
Note: If a single product is in more than one product class, the product must comply with requirements under this Act for each of those product classes.
For example, a product that operates both as a washing machine and as a clothes dryer would need to comply with separate requirements for washing machines (where washing machines are a product class) and clothes dryers (where clothes dryers are a product class).
(4) A GEMS product in a product class covered by a GEMS determination is either a category A product or a category B product for that product class, as specified in the determination (see section 29).
Note: Different penalty levels apply for certain offences under this Act, depending on whether a product is a category A product or a category B product for a product class.
(5) A replacement determination is a GEMS determination made in accordance with section 35 that specifies that it replaces another GEMS determination (a revoked determination ).