Commonwealth Consolidated Acts Commonwealth Consolidated ActsGeneral requirements
(1) An application under this Part:
(a) must be made in the approved form; and
(b) for an application under section 41 to register one or more models of GEMS product--must be accompanied by the fee imposed under the Greenhouse and Energy Minimum Standards (Registration Fees) Act 2012 for such an application; and
(c) for any other application--must be accompanied by the fee specified by the GEMS Regulator by legislative instrument.
(2) To be in the approved form for the purposes of paragraph (1)(a), the application must:
(a) be made in the manner and form approved in writing by the GEMS Regulator; and
(b) include any documentation or other information required by the GEMS Regulator by the form approved for the purposes of paragraph (a).
Examples: For the purposes of paragraph (2)(b), the requirements to be imposed may include any (or all) the following:
(a) test results for a model must accompany the application;
(b) such a test must be conducted by a person authorised to test GEMS products in the relevant product class;
(c) sample labels must accompany the application;
(d) documentation or information (including any statement) supplied with the application must be verified by statutory declaration.
(3) An approved form made for the purposes of paragraph (1)(a), or a legislative instrument made for the purposes of paragraph (1)(c), may specify different documentation or other information, or fees, as the case requires, for different:
(a) product classes; and
(b) classes of applications; and
(c) classes of models.
Additional provisions about fees
(4) A fee in relation to an application under this Part is payable by the applicant to the GEMS Regulator on behalf of the Commonwealth.
(5) The GEMS Regulator may, despite anything in this Act or the Greenhouse and Energy Minimum Standards (Registration Fees) Act 2012 , in a particular case or in particular classes of cases:
(a) waive or reduce a fee that would otherwise be payable in relation to an application under this Part; or
(b) refund the whole or a part of a fee that would otherwise be payable in relation to an application under this Part.
(5A) The GEMS Regulator may, in a particular case or in particular classes of cases, extend the time for payment of the whole or a part of a fee that, at the time when an application under this Part is made, would otherwise be payable in relation to the application, for such period as the GEMS Regulator determines.
(5B) If the GEMS Regulator, under subsection (5A), extends the time for payment of an amount in relation to an application under this Part:
(a) the amount is payable accordingly; and
(b) despite paragraphs (1)(b) and (1)(c), the application is not required to be accompanied by the amount.
(6) A fee that is payable in relation to an application under this Part (other than an application under section 41 to register one or more models) must not be such as to amount to taxation.
Note: The Greenhouse and Energy Minimum Standards (Registration Fees) Act 2012 imposes fees for applications under section 41 as taxes.