Greenhouse and Energy Minimum Standards (Authorisation Requirements for Testing GEMS Products) Instrument 2021

I, Penelope Sirault, GEMS Regulator, make the following instrument.

GEMS Regulator

Dated this12th day of May 2021

Part 1 Preliminary

1                             Name of Instrument

This instrument is the Greenhouse and Energy Minimum Standards (Authorisation Requirements for Testing GEMS Products) Instrument 2021.

2                             Commencement

This instrument commences on the day after it is registered.

3                             Revocation

This instrument revokes the Greenhouse and Energy Minimum Standards (Authorisation Requirements for Testing GEMS Products) Instrument 2013.

4                             Authority

This instrument is made under section 125 of the Greenhouse and Energy Minimum Standards Act 2012 (the Act).

Part 2 Requirements

5                             Requirements for GEMS products in all product classes

         (1)   This section applies in relation to a test that:

(a)   is included in the requirements specified in a GEMS determination for conducting tests in relation to products in a product class; and

(b)   is to be conducted on a product in the product class.

         (2)   For section 125 of the Act, the requirement for a person to be authorised to conduct the test is that the person is accredited for the test by:

(a)   the National Association of Testing Authorities, Australia; or

(b)   another body that is a signatory to either:

(i)                 the Asia Pacific Accreditation Cooperation (APAC) Mutual Recognition Arrangement; or

(ii)               the International Laboratory Accreditation Cooperation (ILAC) Mutual Recognition Arrangement.

Note: This section has the effect that a person is authorised to test a GEMS product in all product classes if the person is accredited for the test by a specified accreditation body. A person is authorised to conduct those tests for which they are accredited, but not those tests for which they are not accredited. The tests for which a person is accredited can generally be ascertained by referring to a document produced by the relevant accreditation body, such as the ‘scope of accreditation’ document produced by the National Association of Testing Authorities, Australia.