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). The form has been approved by the Australian GEMS Regulator.

Please complete and submit this form and all relevant supporting documents to the Australian GEMS Regulator—see page 4 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 (tickwhich one applies):
  1. Applicantdetails:

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:
  1. 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):

  1. Brand or trademark used in connection with model (if any):

  1. Model identifier (model number):

  1. Description of model:

  1. Please provide details of your connection to the model:

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

  1. Please set out your reasons for seeking an exemption, including having regard to the matters described at Part D.

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. If necessary, further information may be included in an attachment to this application.

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.

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 may refuse to consider the application until you provide the information or documentation.The GEMS Regulator may also proceed to decide application if information or documentation is not provided within the time specified in the notice.

PART D—MATTERS THE GEMS REGULATOR MUST AND MAY ALSO CONSIDER IN DECIDING YOUR 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:

  1. the impact on Australia’s greenhouse gas emissions if the exemption is granted;
  2. any grounds relied upon, or matters considered, in the making of the GEMS determination for the GEMS product under section 23 of the Greenhouse and Energy Minimum Standards Act 2012 (Cth), 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

The GEMS Regulator may also consider:

  1. the cost to the applicant of complying with the GEMS determination if the exemption is not granted;
  2. whether imposing a condition on the exemption could:
  1. minimise or prevent a negative impact on Australia’s greenhouse gas emissions that may result from granting the exemption; and
  2. deliver a reasonable outcome for the applicant;
  1. any other matter the GEMS Regulator considers relevant.

For further information about seeking an exemption from requirements of GEMS Determinations please see the Greenhouse and Energy Minimum Standards (GEM) Act 2012 or visit

For further questions please contact the Australian GEMS Regulator:

Email:

PART E–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 Australian GEMS Regulator.

By post: By email:

The Australian GEMS

Department of Industry

10 Binara St, Canberra, ACT 2601

GPO Box 9839, Canberra, ACT, 2601

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Australian GEMS Regulator: Application for exemption from requirements of GEMS determination