(1) A GEMS determination must specify, for each product class covered by the determination, whether products in that product class are category A products or category B products.
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.
(2) Before specifying that products in a product class are category B products, the Minister must be satisfied that products in that class have a high impact on energy use or greenhouse gas production.