Commonwealth of Australia Explanatory Memoranda

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GREENHOUSE AND ENERGY MINIMUM STANDARDS BILL 2012

                                       2010-2011-2012


           THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA


                             HOUSE OF REPRESENTATIVES


         GREENHOUSE AND ENERGY MINIMUM STANDARDS BILL 2012


                 SUPPLEMENTARY EXPLANATORY MEMORANDUM


                   Amendments to be moved on Behalf of the Government


     (Circulated by authority of the Minister for Climate Change and Energy Efficiency,
                              the Honourable Greg Combet MP)

ITEM 1 - CLARIFYING THE LIMIT ON REGISTRATION CONDITIONS

Item 1 amends clause 45 of the Greenhouse and Energy Minimum Standards Bill 2012 to
clarify a limit on the Greenhouse and Energy Minimum Standards Regulator's power to
impose conditions when a person registers a product under the Greenhouse and Energy
Minimum Standards Act 2012.

The Regulator may only impose conditions that are reasonably appropriate and adapted to
giving effect to the purposes of the Act. For example, the Regulator may impose a condition
that product models to be included on the registration must be tested at a particular laboratory
that is known to be reliable in testing products of that type.

The intention to limit registration conditions to those that are reasonably appropriate and
adapted to giving effect to the purposes of the Act was clearly stated in the explanatory
memorandum to the Greenhouse and Energy Minimum Standards Bill 2012. However, the
Senate Standing Committee for the Scrutiny of Bills enquired whether thought had been
given to making this limitation more clear on the face of the legislation. This amendment will
make the policy intention regarding registration conditions clearer in the legislation.


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