Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn this Act:
"acquisition of property" : see section 174.
"affected" :
(a) for when a model's registration in relation to a product class is affected by a replacement determination--see subsection 13(3); and
(b) for when a person is affected by a reviewable decision--see section 164.
"agency" means:
(a) a Department of State; or
(b) any agency, authority or body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a State or Territory.
"Australia" , when used in a geographical sense, includes the external Territories.
"authorised to test GEMS products" in a product class: see section 125.
"category A product" for a product class: see subsection 11(4) and section 29.
"category B product" for a product class: see subsection 11(4) and section 29.
"civil penalty provision" has the same meaning as in the Regulatory Powers Act.
"Climate Change Convention" means the United Nations Framework Convention on Climate Change, done at New York on 9 May 1992, as amended and in force for Australia from time to time.
Note: The text of the Convention is set out in Australian Treaty Series 1994 No. 2 ([1994] ATS 2). In 2012, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
"Commonwealth place" means a place referred to in paragraph 52(i) of the Constitution.
"compliance obligation" : each of the following is a compliance obligation:
(a) an offence against this Act;
(b) a civil penalty provision of this Act;
(c) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act.
"constitutional corporation" means a corporation to which paragraph 51(xx) of the Constitution applies.
"constitutional trade or commerce" means trade or commerce:
(a) between Australia and a place outside Australia; or
(b) among the States; or
(c) between a State and a Territory; or
(d) between 2 Territories; or
(e) within a Territory.
"contact person" , for a registration, means a contact person currently entered in the GEMS Register in relation to the registration.
"contravene" an offence or civil penalty provision has a meaning affected by section 6.
Note: The meaning of c ontravention is correspondingly affected (see section 18A of the Acts Interpretation Act 1901 ).
"covered by" : a product class is covered by a GEMS determination if:
(a) the GEMS determination specifies that it covers the product class (see subsection 11(2)); and
(b) the GEMS determination is in force (see sections 34 and 35).
"evidential burden" , in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.
"family of models" : see subsection 12(3).
"foreign jurisdiction" means a foreign country, or a part of a foreign country.
"GEMS" is short for Greenhouse and Energy Minimum Standards.
"GEMS business premises" means any premises that are open to the public on a regular basis and:
(a) that are used for, or in connection with, the supply of one or more GEMS products; or
(b) at which one or more GEMS products are used for a commercial purpose.
"GEMS" determination : see subsection 11(2) and section 23.
"GEMS labelling requirements" : see section 26.
"GEMS level requirements" : see section 25.
"GEMS product" : see subsection 11(1).
"GEMS Register" : see section 39.
"GEMS Regulator" : see section 70.
"high efficiency level" for a product class: see paragraph 27(1)(a).
"import into Australia" includes bring into Australia.
"issuing officer" means:
(a) a magistrate; or
(b) a Judge of the Federal Circuit and Family Court of Australia (Division 2); or
(c) a Judge of the Federal Court of Australia.
"just terms" : see section 174.
"limited grandfathering period" for a product class: see section 31.
"manufacture" , in relation to a product, means the creation of a product essentially different from the matters or substances that go into that creation, but does not include the following activities (whether performed alone or in combination with each other):
(a) restoration or renovation processes such as repairing, reconditioning, overhauling or refurbishing;
(b) minimal operations of pressing, labelling, ticketing, packaging and preparation for sale, whether conducted alone or in combination with each other;
(c) quality control inspections.
"manufacturer" of a product means the person who performs, or has had performed on the person's behalf, the last process of manufacture of the product.
"model" : see subsection 12(2).
"model identifier" : see paragraph 12(2)(c).
"offer to supply" : see subsection 14(3).
"operate" : a product that uses energy operates at any time when the product is using energy.
"Paris Agreement" means the Paris Agreement done at Paris on 12 December 2015, as amended and in force for Australia from time to time.
Note: The Paris Agreement is in Australian Treaty Series 2016 No. 24 ([2016] ATS 24) and could in 2022 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au)
"participating jurisdiction" : see section 33.
"person who has GEMS information" : see section 122.
"premises" includes the following:
(a) a structure, building, vehicle, vessel or aircraft;
(b) a place (whether or not enclosed or built on);
(c) a part of a thing referred to in paragraph (a) or (b).
"product classes" : see paragraph 11(2)(a).
"protected information" : see subsection 169(3).
"register" a model in relation to a product class: see section 43.
"registered against" a GEMS determination: see section 13.
"registrant" , for a model's registration in relation to a product class, means:
(a) unless paragraph (b) applies--the person who applied for the model to be registered in relation to that product class; or
(b) if the GEMS Regulator, under section 47, has varied the registration to specify another person as the registrant for the registration--the person for the time being specified as the registrant for the registration in accordance with that section.
"Regulatory Powers Act" means the Regulatory Powers (Standard Provisions) Act 2014 .
"relevant court" means:
(a) the Federal Court of Australia; or
(aa) the Federal Circuit and Family Court of Australia (Division 2); or
(b) a Supreme Court of a State or Territory.
"replacement determination" : see subsection 11(5) and section 35.
"reviewable decision" has the meaning given by section 164.
"revoked determination" : see subsection 11(5).
"second-hand" : a product is second-hand at the time of supplying or offering to supply the product if, and only if, there has been a supply of the product (other than a wholesale supply) in Australia before that time.
"Secretary" means the Secretary of the Department.
"supply" : see subsection 14(1).
"suspension notice" : see subsection 51(1).
"this Act" includes regulations and GEMS determinations made under this Act.
"transitional GEMS labelling requirement" means a GEMS labelling requirement that is expressed in the GEMS determination to be made for the purpose mentioned in paragraph 26(2)(c).