Regulatory Powers (Standardisation Reform) Act 2017 (124 of 2017)

Schedule 7   Amendment of the Greenhouse and Energy Minimum Standards Act 2012

Part 1   Amendments

Greenhouse and Energy Minimum Standards Act 2012

1   Section 3

Omit:

Compliance and enforcement (Parts 7 and 8)

Compliance with the rules about supply and commercial use can be monitored, and suspected contraventions can be investigated, by GEMS inspectors appointed under the Act. The Act sets out the circumstances in which inspections can take place, the powers of inspectors and the requirements for obtaining warrants for entry to premises without consent and, in the case of investigation warrants, for the seizure of evidential material.

A contravention of this Act may result in prosecution for an offence, exposure to liability for a civil penalty (under an infringement notice or a court order), suspension or cancellation of registration, the imposition of enforceable undertakings and court orders for injunctions. Details of offences, contraventions and adverse decisions, including the names of those involved, may also be publicised.

substitute:

Monitoring, investigation and enforcement (Parts 7 and 8)

GEMS inspectors may enter public areas of premises used in connection with the supply of GEMS products. GEMS inspectors may purchase GEMS products there (and exercise certain other powers) in order to investigate compliance with this Act.

GEMS inspectors and the GEMS Regulator have powers to monitor compliance with this Act, to monitor whether information given under this Act is correct and to investigate suspected non-compliance with this Act. Infringement notices may be issued for suspected contraventions of civil penalty provisions of this Act. Enforceable undertakings and injunctions may be used to enforce compliance with this Act.

Details of offences, contraventions and adverse decisions, including the names of those involved, may also be publicised.