Compendium on Energy Conservation Legislation
in Countries of the Asia and Pacific Region

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Part Four: Selected National and State Laws and Regulations for Promotion of
Energy Conservation and Efficiency in Countries of the Asia and Pacific Region

AUSTRALIA

REGULATIONS

Citation
Commencement
Revocation
Interpretation
Minister may fix fees
Application for authorisation to label electrical products
Application for authorisation for energy efficiency labels for domestic appliances
Testing of electrical products and domestic appliances
Labelling of electrical products
Register of authorized electrical products
Labelling of domestic appliances
Register of authorized domestic appliances
Modifications to products
Changes in particulars to be notified to Minister
Duration and cancellation of authorisation
Examination and purchase of products by authorized persons
Offences
Editor's note

Electrical Products Regulations, 1990 being No. 60 of 1990: Gaz. 10 May 1990, p. 1306*1* as varied by No. 233 of 1990: Gaz. 29 November 1990, p. 1645*2* No. 10 of 1991: Gaz. 31 January 1991, p. 308*3* No. 229 of 1993: Gaz. 21 October 1993, p. 1789*4* No. 141 of 1995: Gaz. 29 June 1995, p. 3143*5*

Note: Asterisks indicate repeal or deletion of text.

*1*Came into operation 1 June 1990: reg. 2.

*2*Came into operation 1 December 1990: reg. 2.

*3*Came into operation 1 February 1991: reg. 2.

*4*Came into operation (except reg. 3(c)) 21 October 1993: reg. 2(1); reg. 3(c) came into operation 1 May 1994: reg. 2(2).

*5*Came into operation 1 July 1995: reg. 2.

Regulation 1 Citation

1. These regulations may be cited as the Electrical Products Regulations, 1990.

Regulation 2 Commencement

2. Except as otherwise provided, these regulations will come into operation on 1 June, 1990.

Regulation 3 Revocation

3. (1) All regulations made under the Electrical Articles and Materials Act, 1940, are revoked.

(2) This regulation will take effect on 1 December 1990. <return to top>

Regulation 4 Interpretation

4. In these regulations-

"the Act" means the Electrical Products Act, 1988:

"Australian Standard" means a standard published by the Standards Association of Australia as for the time being in force, and "AS" followed by a number means the particular Australian Standard as so designated by the Standards Association of Australia:

"comparative energy consumption", in relation to a domestic appliance, means the number of kilowatt hours per year used by the appliance when tested to the applicable Australian Standard:

"energy efficiency", in relation to a domestic appliance, means the comparative energy consumption and the energy rating of the appliance:

"energy rating", in relation to a domestic appliance, means the energy rating of the appliance determined in accordance with Part C of schedule 3:

"prescribed class" means-

(a) in relation to electrical products-a class of electrical products for the time being declared by the Governor by proclamation under section 4 of the Act;

(b) in relation to domestic appliances-a class of domestic appliances for the time being declared by the Governor by proclamation under section 4 of the Act.

Regulation 4A Minister may fix fees

4A. The Minister may fix administration or application fees for the purposes of these regulations and may waive or refund any such fee.

Regulation 5 Application for authorisation to label electrical products

5. (1) Authorization to label electrical products of a prescribed class for the purposes of section 5(1) of the Act may be granted by the Minister only where the Minister is satisfied-

(a) that the electrical products conform with the safety standards contained in an Australian Standard that applies to the electrical products; or

(b) if there is no such applicable Australian Standard-that the electrical products conform with such other standards as the Minister determines to be appropriate for the purpose of assessing the safety of the products. <return to top>

(2) An application for authorisation to label electrical products-

(a) must be made to the Minister in the manner and form required by the Minister; and

(b) must be accompanied by-

(i) a written report from a body approved by the Minister, detailing tests conducted by the body on a sample or samples of the electrical product in respect of compliance with safety standards and the results obtained; and

(ii) one sample of the electrical product (or a sample length of one metre if the electrical product is a flexible cord); and

(iii) certification (in the form required by the Minister) that the electrical products form a regular line of manufacture and that each electrical product in the line accords with the sample tested and the sample provided; and

(c) must be accompanied by the appropriate fee fixed by the Minister.

(3) The Minister may require the applicant to provide further information or a further sample of the product, or both, before proceeding to determine the application.

(4) Notwithstanding the other provisions of this regulation, the Minister may, on an application under subregulation (2) by a person for an authorization to label electrical products in respect of which such an authorization has been previously granted to another person-

(a) dispense with the requirement for testing of the product; and

(b) grant an authorization (and issue a certificate of authorization) to the applicant in the same terms and for the balance of the period for which the previous authorization was granted.

Regulation 6 Application for authorisation for energy efficiency labels for domestic appliances

6. (1) An application for authorization to label domestic appliances of a prescribed class so as to indicate their energy efficiency for the purposes of section 5(2) of the Act must-

(a) be made to the Minister in writing in a form approved by the Minister; and

(b) be accompanied by the appropriate fee fixed by the Minister; and

(c) be accompanied by a written report from a body approved by the Minister, detailing tests conducted by the body on a sample or samples of the domestic appliance in respect of the energy efficiency of the appliance and the results obtained; and <return to top>

(d) be accompanied by a sample of the label for which authorization is sought, designed in accordance with the form set out in Part B of schedule 3, showing the energy rating and comparative energy consumption of the domestic appliances as indicated by the results of the tests referred to in paragraph (c).

(2) The application must specify whether the applicant seeks authorization in respect of-

(a) domestic appliances of one type only; or

(b) domestic appliances of different types that are distinguishable by having different models or catalogue numbers or other distinguishing features but that have the same energy rating and comparative energy consumption.

(3) The Minister may require the applicant to provide further information or a sample of the appliance, or both, before proceeding to determine the application.

(4) Notwithstanding the other provisions of this regulation, the Minister may, on an application under subregulation (1) by a person for an authorization to label domestic appliances in respect of which such an authorization has been previously granted to another person-

(a) dispense with the requirement for testing of the appliance; and

(b) grant an authorization to the applicant in the same terms as the previous authorization.

Regulation 7 Testing of electrical products and domestic appliances

7. (1) The Minister may, in relation to an application under regulation 5 or 6-

(a) determine what bodies are approved for the purposes of conducting tests of the electrical products to which the application relates;

(b) determine that a test report submitted by the applicant is inadequate for the purposes of determining the application. <return to top>

(2) If the Minister determines that a test report submitted by an applicant is inadequate, the Minister may-

(a) refuse the application and refund the application fee; or

(b) postpone the determination of the application until the Minister receives a test report that is, in the opinion of the Minister, adequate; or

(c) cause the electrical product to be tested and charge the applicant the costs incurred by the Minister in doing so.

(3) After determining an application under regulation 5 or 6, the Minister must notify the applicant in writing to collect any samples and other materials provided to the Minister.

* * * * * Note: Asterisks indicate repeal or deletion of text.

(7) The Minister may, at any time, cause tests to be carried out on an electrical product that-

(a) is labelled in pursuance of the Act and these regulations or an authority conferred by a corresponding law; and

(b) is offered or exposed for sale by a trader.

(8) If an electrical product tested under subregulation (7)-

(a) does not conform with the applicable Australian Standard or other standards by reference to which it was authorized to be labelled under the Act or a corresponding law; or

(b) in the case of a domestic appliance-has an energy rating that is less, or a comparative energy consumption that is more, than the respective values shown on the label affixed to the appliance, the Minister may, by application in proceedings for an offence against the Act or these regulations or by action in a court of competent jurisdiction, recover from the trader by whom the product was offered or exposed for sale the costs incurred in purchasing the product and having it tested.

Regulation 8 Labelling of electrical products

8. (1) Where the Minister grants an authorization to label on an application under regulation 5, the Minister must issue to the applicant a certificate of authorization in a form determined by the Minister. <return to top>

(2) The certificate of authorization must provide and has the effect that the person to whom it is issued is authorized by the Minister to affix to electrical products of a class defined in the certificate labels on which the letter "S" appears followed by a number allocated by the Minister for electrical products of that class.

(3) Subject to this regulation, any such label must be affixed to a conspicuous place on the exterior of the electrical product.

(4) The Minister may, if the applicant satisfies the Minister that it is not reasonably practicable to comply with subregulation (3), authorize the applicant-

(a) to affix the label to a container in which the electrical product is sold; or

(b) to use the registered trade mark of the product as the label, and, in either case, the Minister must amend the certificate of authorization so that it records the method of labelling so authorized.

(5) Where a certificate of authorization is lost, stolen, destroyed, mutilated or defaced, the Minister may, if satisfied that it is necessary to issue a duplicate certificate of authorization, and on payment of the appropriate fee fixed by the Minister, issue a duplicate certificate of authorization.

Regulation 9 Register of authorized electrical products

9. (1) The Minister is to keep a register recording in relation to each authorization to label granted on an application under regulation 5-

(a) relevant details of the applicant;

(b) the definition of the class of electrical products to which the authorization relates;

(c) the number allocated by the Minister that is to appear on the label for electrical products of that class; and

(d) such other information as the Minister considers relevant.

(2) The register may be inspected, on payment of the appropriate fee fixed by the Minister, at an office designated by the Minister. <return to top>

(3) A person may obtain a certified copy or a photocopy of an entry in the register on payment of the appropriate fee fixed by the Minister.

Regulation 10 Labelling of domestic appliances

10. (1) Where the Minister grants an authorization to label on an application under regulation 6, the applicant is authorized to affix to domestic appliances of a class defined by the Minister labels designed in the form set out in Part B of schedule 3 showing-

(a) the energy rating and comparative energy consumption determined by the Minister as applying to domestic appliances of that class; and

(b) the trade name and model designation of the appliances.

(2) Any such label must be affixed to a conspicuous place on the exterior of the domestic appliance.

Regulation 11 Register of authorized domestic appliances

11. (1) The Minister is to keep a register recording in relation to each authorization to label granted on an application under regulation 6-

(a) relevant details of the applicant;

(b) the definition of the class of domestic appliances to which the authorization relates;

(c) a copy of the authorized label for domestic appliances of that class; and

(d) such other information as the Minister considers relevant.

(2) The register may be inspected, on payment of the appropriate fee fixed by the Minister, at an office designated by the Minister.

(3) A person may obtain a certified copy or a photocopy of an entry in the register on payment of the appropriate fee fixed by the Minister.

Regulation 12 Modifications to products

12. (1) An authorization to label an electrical product given under these regulations does not authorise the labelling of an electrical product that constitutes a modified version of the product (as tested for the purposes of the authorization) unless the modifications have been approved in writing by the Minister. <return to top>

(2) The Minister may-

(a) grant approval for the purposes of subregulation (1) if satisfied that the modifications do not affect or significantly affect any characteristics of the product that were relevant to the determination of the application for authorization to label; or

(b) require that a new application for authorization to label be made under regulation 5 or 6, or both, as the case may require, in respect of the product in its modified form.

(3) The Minister may, waive any of the requirements of regulation 5 or 6 (including the whole or part of any fee payable under that regulation) in relation to any application for authorization to label made in respect of an electrical product that constitutes a modified version of a product for which an authorization to label had been previously granted.

Regulation 13 Changes in particulars to be notified to Minister

13. (1) Where the person granted an authorization to label on an application under regulation 5 or 6 changes his or her name or address, the person must notify the Minister in writing of the change within 21 days of the change occurring.

(2) Where there is any change to the trade name or model designation of domestic appliances to which an authorization to label granted on an application under regulation 6 relates-

(a) the person granted the authorization must notify the Minister in writing of the change within 21 days of the change occurring; and

(b) the Minister may, on application in writing by that person and payment of the appropriate fee fixed by the Minister, authorize variation of the label to be affixed to the appliances so that it reflects that change.

(3) A person who fails to give notice to the Minister as required by subregulation (1) or (2) is guilty of an offence. Penalty: A$500.

Regulation 14 Duration and cancellation of authorisation

14. (1) Subject to this regulation, an authorization to label granted on an application under regulation 5 continues in force for the period of five years from the date on which it is granted. <return to top>

(2) The Minister may, on application in writing made before the expiry of an authorization referred to in subregulation (1) by the person granted such an authorization, extend the period for which the authorization is to remain in force.

(3) An authorization to label granted on an application under regulation 6 continues in force until cancelled.

(4) Where the Minister prohibits the sale or use (or both sale and use) of electrical products pursuant to section 6 of the Act-

(a) the Minister must cancel any authorization or authorizations to label that relate to those products; and

(b) the person granted any such authorization must, within 21 days after receiving from the Minister written notice of the cancellation, return to the Minister any certificate of authorization held by the person in relation to those products.

(5) A person who fails to comply with subregulation (4)(b) is guilty of an offence. Penalty: A$500.

(6) The Minister may, by notice in writing to the person granted an authorization to label on an application under regulation 6, cancel the authorization if the Minister is satisfied that domestic appliances to which the authorization relates that are offered or exposed for sale by any trader do not meet the energy rating or comparative energy consumption shown on the authorized label for those appliances.

(7) The Minister must, before cancelling an authorization pursuant to subregulation (6), give the person granted the authorization a reasonable opportunity to show cause why the authorization should not be cancelled.

(8) Cancellation of an authorization pursuant to subregulation (6) has effect on a date specified in the notice which must be a date not less than 21 days from the date of service of the notice. <return to top>

Regulation 15 Examination and purchase of products by authorized persons

15. (1) If requested by an authorized person, a trader must-

(a) make all electrical products of a class specified by the authorized person that are in the trader's possession available for examination by the authorized person;

(b) inform the authorized person of the date when the trader obtained an electrical product;

(c) inform the authorized person of the person from whom the trader obtained an electrical product;

(d) produce to the authorized person all vouchers, invoices and accounts in respect of an electrical product that are in the trader's possession. Penalty: A$1,000.

(2) Any trader who refuses to sell to an authorized person an electrical product that the authorized person is seeking to purchase, for the same price as the product is sold to other purchasers (or, if this cannot be identified, for a fair price offered by the authorized person), is guilty of an offence. Penalty: A$1,000.

Regulation 16 Offences

16. (1) A person must not affix a label to an electrical product for the purposes of the Act except as authorized by the Minister and in accordance with these regulations. Penalty: A$1,000.

(2) A person must not, while an electrical product is being offered or exposed for sale by a trader, alter, interfere with or obscure from view any label affixed to the product for the purposes of the Act or a corresponding law. Penalty: A$1,000.

(3) A trader must not offer or expose an electrical product for sale if a label affixed to the product for the purposes of the Act or a corresponding law is not readily legible by any purchaser or prospective purchaser. Penalty: A$1,000. <return to top>

(4) A trader must not display on or near a domestic appliance that is being offered or exposed for sale by the trader any sign or notice that-

(a) contains information conflicting with the information contained in a label affixed to the domestic appliance for the purposes of the Act or a corresponding law; or

(b) is likely to mislead a purchaser or prospective purchaser as to matters to which information contained in any such label relates. Penalty: A$1,000.

(5) A person must not make any statement that is false or misleading in a material particular in furnishing any information or preparing any test report in or for the purposes of an application under these regulations. Penalty: A$1,000.

(6) A person who obstructs, hinders or interferes with an authorized person carrying out duties pursuant to the Act or these regulations is guilty of an offence. Penalty: A$1,000.

Note: Asterisks indicate repeal or deletion of text.

<return to top>

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