This bill became law on Sep 20th, 2023.
Climate, energy & environment
Businesses can offer some made-to-order regulated products without registering them first when the products are customised for a named customer and meet extra rules set under the law.
The 2019 reviewThe 2019 review that found the scheme worked but was too rigid and administratively heavy in some areas. found the GEMS schemeAustralia's national system for setting minimum energy efficiency and labelling rules for many appliances and other products. was effective but left unnecessary administrative burdens and too little flexibility, especially for customised products offered before a sale is confirmed. This bill lets the regulatorThe official who can register products, make exemptions, approve alternative tests, and issue declarations under the scheme. ease registration, testing, exemptions and payment rules so the scheme can adapt faster to changing technology and markets.
Australia’s GEMS schemeAustralia's national system for setting minimum energy efficiency and labelling rules for many appliances and other products. had already set national energy-efficiency rules for appliances since 2012 and was credited with cutting emissions and saving households and businesses money, but a 2019 reviewThe 2019 review that found the scheme worked but was too rigid and administratively heavy in some areas. found the scheme also imposed avoidable administrative burdens and was too rigid for customised products and changing test methods. The 2023 bill responded by giving the regulatorThe official who can register products, make exemptions, approve alternative tests, and issue declarations under the scheme. more flexibility over registration, testing, exemptions and fee timing, and it became law in September 2023 after passing both houses.
The main criticism was that the bill was only a small administrative tidy-up and would not by itself deliver the stronger energy-efficiency, electrification and climate reforms some MPs said were really needed. That concern came from crossbench and Greens-aligned supporters such as Allegra Spender, Kylea Tink and Elizabeth Watson-Brown, while no party represented in the debate opposed the bill itself.
Senator Anthony Chisholm introduced this bill. It passed on the voices.
Did it become law?
Yes
Became law 20 Sept 2023
Final passage
Passed without a counted vote
Members called out ‘aye’ or ‘no’ — no individual votes were recorded.
Passage speed
97 days
From introduction to the latest recorded parliamentary step
Meaning
Businesses can offer some made-to-order regulated products without registering them first when the products are customised for a named customer and meet extra rules set under the law.
The GEMS RegulatorThe official who can register products, make exemptions, approve alternative tests, and issue declarations under the scheme. can declare that particular product types or models count as meeting energy efficiency or related product rules, which can speed up approval for products already shown to comply.
Manufacturers can use approved alternative testing requirements or methods when a product rule would otherwise require a specific test method, giving more flexibility as technologies change.
The GEMS RegulatorThe official who can register products, make exemptions, approve alternative tests, and issue declarations under the scheme. can grant an exemption after a product rule has already been made, so businesses are not locked out of seeking relief once new requirements are in force.
The GEMS RegulatorThe official who can register products, make exemptions, approve alternative tests, and issue declarations under the scheme. can give extra time to pay a product registration application fee in particular cases, which eases upfront administrative pressure for some applicants.
After “in relation to that product class.”, insert “Furthermore, certain kinds of customised GEMS products may be offered for supply without being registered (see subsection 17(2A)).”.Greenhouse and Energy Minimum Standards Amendment (Administrative Changes) Act 2023 final Act text
(1) The GEMS Regulator may, by legislative instrument, declare that specified classes of products or specified models of GEMS products are taken, for the purposes of this Act, to comply with one or more requirements, or one or more aspects of one or more requirements, of a specified GEMS determination:Greenhouse and Energy Minimum Standards Amendment (Administrative Changes) Act 2023 final Act text
(2) Without limiting subsection (1), if a GEMS determination specifies requirements for conducting tests using methods specified in the determination, conditions specified for the purposes of paragraph (1)(b) may relate to meeting specified alternative requirements or using specified alternative methods.Greenhouse and Energy Minimum Standards Amendment (Administrative Changes) Act 2023 final Act text
(1A) An exemption in relation to a GEMS determination may be made at any time after the determination is made.Greenhouse and Energy Minimum Standards Amendment (Administrative Changes) Act 2023 final Act text
(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.Greenhouse and Energy Minimum Standards Amendment (Administrative Changes) Act 2023 final Act text
Context
Australia’s GEMS schemeAustralia's national system for setting minimum energy efficiency and labelling rules for many appliances and other products. had already set national energy-efficiency rules for appliances since 2012 and was credited with cutting emissions and saving households and businesses money, but a 2019 reviewThe 2019 review that found the scheme worked but was too rigid and administratively heavy in some areas. found the scheme also imposed avoidable administrative burdens and was too rigid for customised products and changing test methods. The 2023 bill responded by giving the regulatorThe official who can register products, make exemptions, approve alternative tests, and issue declarations under the scheme. more flexibility over registration, testing, exemptions and fee timing, and it became law in September 2023 after passing both houses.
National appliance efficiency scheme begins
The Greenhouse and Energy Minimum Standards Act 2012 created a single national system for appliance energy-efficiency and labelling rules.
Hansard ↗The GEMS schemeAustralia's national system for setting minimum energy efficiency and labelling rules for many appliances and other products. delivers measurable savings
By 2021, initiatives under the scheme were estimated to have cut emissions by 40 to 60 megatonnes of CO2Carbon dioxide, the greenhouse gas used in the page as a measure of emissions cuts from the scheme. and saved households and businesses $11.8 billion to $17.8 billion in energy costs.
Hansard ↗ReviewThe 2019 review that found the scheme worked but was too rigid and administratively heavy in some areas. finds the scheme is effective but too rigid
A 2019 reviewThe 2019 review that found the scheme worked but was too rigid and administratively heavy in some areas. concluded the GEMS schemeAustralia's national system for setting minimum energy efficiency and labelling rules for many appliances and other products. worked well overall but left unnecessary administrative burdens and too little flexibility, especially for customised products sold before a buyer was confirmed.
Explanatory memorandum ↗Government introduces changes to loosen administration
The bill was introduced to let the regulatorThe official who can register products, make exemptions, approve alternative tests, and issue declarations under the scheme. ease product registration, testing, exemptions and fee-payment rules so the scheme could adapt more quickly to changing technology and markets.
Parliamentary timeline ↗Parliament passes the bill
Both houses passed the bill in the same form, clearing the way for the administrative changes to become law.
Parliamentary timeline ↗Royal AssentThe formal step that turns a passed bill into an Act of Parliament. makes the changes law
Royal AssentThe formal step that turns a passed bill into an Act of Parliament. turned the bill into an Act, formally giving the GEMS regulatorThe official who can register products, make exemptions, approve alternative tests, and issue declarations under the scheme. the new administrative flexibilities.
Parliamentary timeline ↗Legislative route
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
Referred to Committee (22/06/2023): Senate Environment and Communications Legislation Committee; Committee report (03/08/2023)
Referred to committee
APH bill page notesThe bill reached this recorded parliamentary step.
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The bill reached this recorded parliamentary step.
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
Both houses passed the bill in the same form, completing parliamentary passage.
Finally passed both Houses
The Governor-General gave Royal AssentThe formal step that turns a passed bill into an Act of Parliament., turning the bill into an Act.
Key criticism
The main criticism was that the bill was only a small administrative tidy-up and would not by itself deliver the stronger energy-efficiency, electrification and climate reforms some MPs said were really needed. That concern came from crossbench and Greens-aligned supporters such as Allegra Spender, Kylea Tink and Elizabeth Watson-Brown, while no party represented in the debate opposed the bill itself.
Criticism was limited and mostly about the bill being too modest, not about harm from its core measures.
Too limited to tackle the bigger problem
Critics said the bill mainly fixes administration and red tape, but leaves the bigger policy gaps untouched, such as broader product coverage, stronger efficiency standards and faster action on electrification and emissions. Their concern was that the changes were useful but too small to make a serious difference on their own.
Further sources
Votes
The bill passed both chambers on the voices, so there is no list of individual Aye and No votes for final passage.
Senate agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
House agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Parliamentary debate
Start here — lead voices
Anthony Chisholm supports the bill, saying it will modernise the GEMS schemeAustralia's national system for setting minimum energy efficiency and labelling rules for many appliances and other products., reduce unnecessary burden on business, and help get more energy efficient products into the market.
Read in Hansard ↗Gillespie says the bill should pass because efficiency standards are sensible and the country needs every bit of help it can get.
Read in Hansard ↗Spender supports the bill, saying it will strengthen the GEMSAustralia's national system for setting minimum energy efficiency and labelling rules for many appliances and other products. regime by making administration more flexible and compliance easier for business.
Read in Hansard ↗Watson-Brown says the bill is a minor and largely sensible update, but argues it is far too small to address the real energy and climate problem because the government is still failing to tackle housing design and fossil fuel expansion.
Read in Hansard ↗All speeches by bloc
7 speakers · 7 support
“I commend this bill to the House, and I'm very proud of the efforts that our government is taking to make it easier for Australian households to not only cut their emissions but cut their power bills.”Read the full speech in Hansard ↗
“If passed, this bill will improve the GEMS Act, enabling the changes needed for today's energy operating environment, reducing the burden on business and industry, and paving the way to get more energy-efficient products into the Australian market.”Read the full speech in Hansard ↗
“These amendments are a reflection of our commitment to improving energy efficiency, reducing costs and protecting our environment. And we're not stopping there. This government will continue to review the energy performance standards as part of its national energy performance strategy. It's top of our agenda. Getting the job is our focus; ensuring support and benefits for all Australians, keeping costs down and protecting the environment is our No. 1 priority. It's another step forward in creating a better future for Australia and a better life for all Australians. I commend this amendment to the House.”Read the full speech in Hansard ↗
“This bill will implement technical changes arising from an independent review of the GEMS Act undertaken in 2019. The review's overall assessment was that reform is required to modernise the act to reflect changes in the energy operating environment, to build on the already significant outcomes of this successful program. The government is prepared to implement these recommendations and make a good act even better. This bill will be acting on key review recommendations 13, 18 and 33, and is the first phase of a raft of amendments that will further enhance the GEMS Act. This bill will reduce administrative burden for products. It will streamline the application of test standards and the granting of exemptions. It will reform grandfathering provisions and grant powers to the regulator regarding the payment of fees.”Read the full speech in Hansard ↗
“If passed, this Bill will improve the GEMS Act, enabling changes needed for today's energy operating environment, reducing the burden on business and industry, and paving the way to get more energy efficient products into the Australian market.”Read the full speech in Hansard ↗
“I support the amendments in this bill, noting that it will have that multiple effect of helping people make better decisions so that, on an individual level, they are operating cheaper and more energy-efficient appliances while, at the same time, lowering their personal footprints or their business's footprint.”Read the full speech in Hansard ↗
“OL BROWN (—) (): The bill before the Senate, the Greenhouse and Energy Minimum Standards Amendment (Administrative Changes) Bill 2023, will improve the administration of the Greenhouse and Energy Minimum Standards Act 2012 for both industry and government to the ultimate benefits of consumers and the climate. The government acknowledges the constructive engagement of the opposition and the crossbench, and thanks officials for their work. I commend the bill to the Senate.”Read the full speech in Hansard ↗
3 speakers · 3 support
“The greenhouse and energy minimum standards amendment bill needs to come through because we're going to need every bit of help we can get. There will be energy shortages. The current federal government and, I would also add, the New South Wales, Queensland, Victorian and South Australian governments need to realise that we are going to have an energy shortage. We need to rethink our plan and allow the bans on nuclear to be removed.”Read the full speech in Hansard ↗
“In closing, the coalition believes the stated aims of the bill will be met through the amendments which the government is proposing. We welcome the bill as a practical and logical measure to lessen administrative burden, improve response time to industry applicants, align with international product categories and provide for more flexibility in the application of the act. In such ways the bill reinforces the GEMS Regulator's pivotal role in advancing energy efficiency. The coalition is therefore happy to join in supporting the bill, and we commend it to the House.”Read the full speech in Hansard ↗
“Following consultation, the coalition believe the stated aims of the bill will be met through these proposed amendments. We welcome the bill, as it's a practical and logical measure in its ability to, firstly, lessen administrative burden; secondly, improve response time to industry applicants; thirdly, align with international product categories; and, fourthly, provide more flexible application of the intention of the act. We thank the government for bringing this bill to the parliament.”Read the full speech in Hansard ↗
1 speaker · 1 mixed
“The measures in this bill are a tiny step towards this, but in terms of the existential scale of the climate crisis they mean virtually nothing while the government keeps approving new coal and gas.”Read the full speech in Hansard ↗
1 speaker · 2 contributions · 1 support
Hansard records 2 separate contributions by Allegra Spender on this bill. They are grouped here so the speaker is listed once.
Second reading speech
Spender supports the bill, saying it will strengthen the GEMSAustralia's national system for setting minimum energy efficiency and labelling rules for many appliances and other products. regime by making administration more flexible and compliance easier for business. She argues it does not go far enough because it leaves out broader product coverage and mandatory demand response reforms that she wants the government to pursue next.
“This legislation strengthens the GEMS Act further by improving the flexibility of administration and making compliance easier for business, but there remains more work to be done. The 2019 independent review of the GEMS Act, conducted by Anna Collyer, now chair of the AEMC, made 40 recommendations on how the regime could be improved, eight of which require legislative change. This bill implements just two of the legislative recommendations, which means important gaps remain, and I want to speak briefly to two of those gaps.”Read this contribution in Hansard ↗
Second reading speech
Tink supports the bill and welcomes the administrative changes to the GEMS schemeAustralia's national system for setting minimum energy efficiency and labelling rules for many appliances and other products. because they improve flexibility and reduce compliance burden. She says it is only a small step, though, and urges much faster action, more funding, and stronger efficiency standards to help drive electrification and cut emissions.
“The proposed amendments improve the flexibility of the scheme's administration as well as easing the compliance burden on industry. This bill actually implements two of the 40 recommendations from the 2019 independent review of the Greenhouse and Energy Minimum Standards Act conducted by Anna Collyer.”Read this contribution in Hansard ↗
Record
Senate · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Senate · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Senate · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
Senate · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Senate · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
House · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
House · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
House · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Parliament · Finally passed both Houses
Passed both houses
Both houses passed the bill in the same form, completing parliamentary passage.
Assent · Assent
Assent
The Governor-General gave Royal AssentThe formal step that turns a passed bill into an Act of Parliament., turning the bill into an Act.
Senate Environment and Communications Legislation Committee; Committee report (03/08/2023)
Referred to committee
Referred to Committee (22 June 2023): Senate Environment and Communications Legislation Committee; Committee report (3 Aug 2023)
APH bill page notes
