Energy and Utilities Administration Regulation 1999

Part 1 Preliminary

1 Name of Regulation

This Regulation is the Energy and Utilities Administration Regulation 1999.

cl 1: Am 2006 (35), Sch 1 [1].

2 Commencement

This Regulation commences on 1 October 1999.

3 Definitions

(1)  In this Regulation:

approved energy efficiency label for electrical equipment means an energy efficiency label that:

(a)  has been approved by the Corporation under Part 4 in respect of the equipment, or

(b)  has been approved or registered by a corresponding authority in respect of the equipment,

where the approval or registration is still in force.

corresponding authority means a person or body exercising, under a law of another State or a Territory, functions similar to those of the Corporation under this Regulation.

display front means an assembly intended to represent the front of electrical equipment.

energy efficiency label for electrical equipment means a label, designed to be displayed on the equipment, indicating the energy efficiency of the equipment.

register means the register of electrical equipment kept by the Corporation in accordance with Part 5.

registered means recorded in the Register.

registration holder means a person in whose name electrical equipment is registered or into whose name registration of electrical equipment has been transferred.

relevant standard, in relation to electrical equipment, means a standard indicated in Schedule 2 or 3 as being applicable to the equipment, being a standard published by Standards Australia or a standard published jointly by Standards Australia and Standards New Zealand.

sell includes:

(a)  auction or exchange, and

(b)  offer, agree or attempt to sell, and

(c)  cause or permit to be offered for sale, and

(d)  display for sale.

the Act means the Energy and Utilities Administration Act 1987.

(2)  A reference in this Regulation to a standard is a reference to the standard as in force from time to time.

(3)  Words and expressions used in this Regulation that are used in a standard referred to in this Regulation have in this Regulation the same meanings as in the standard.

(4)  Without limiting subclause (3), a reference in this Regulation to electrical equipment listed in Schedule 2 or 3 extends only to electrical equipment to which the relevant standard for that kind of equipment applies.

cl 3: Am 21.6.2002; 2004 No 4, Sch 4.3 [2]; 2005 No 18, Sch 2.3; 2006 (35), Sch 1 [2]–[6].

4 Notes

The explanatory note and table of contents do not form part of this Regulation.

Part 2 Standards

5 Minimum standards

(1)  Electrical equipment listed in Schedule 2 must comply with the performance criteria set out in Part 2 of the relevant standard when tested, in accordance with Part 1 of that standard, by an accredited laboratory.

(1A)    (Repealed)

(2)  Electrical equipment listed in Schedule 3 must comply with any applicable energy efficiency requirements and performance criteria set out in the relevant standard.

(3)  In this clause, accredited laboratory means a laboratory:

(a)  accredited by the National Association of Testing Authorities, or

(b)  approved by the Corporation.

cl 5: Am 11.8.2000; 21.6.2002; 17.12.2004; 2006 (35), Sch 1 [7].

Part 3 Registration

6 Registration of electrical equipment

Electrical equipment listed in Schedule 2 or 3 may be registered by the Corporation.

cl 6: Subst 21.6.2002. Am 2006 (35), Sch 1 [7] [8].

7 Applications for registration

(1)  A person may apply to the Corporation for the registration of electrical equipment listed in Schedule 2 or 3.

(2)  An application for the registration of electrical equipment listed in Schedule 2 must:

(a)  be in the form set out in the relevant standard, and

(a1)  if the applicant’s address is not in Australia or New Zealand, include the name and address of a person in Australia or New Zealand who can provide information about the application, and

(b)  specify whether the equipment complies with the performance criteria referred to in clause 5 (1), and

(c)  be accompanied by:

(i)  the results of testing and calculations referred to in section 2 of Part 2 of the relevant standard, and

(ii)  a sample of the energy efficiency label to be attached to the equipment, and

(iii)  the results of testing referred to in clause 5 (1) in the form set out in the relevant standard, and

(iv)  the relevant fee set out in Schedule 1.

(3)  An application for the registration of electrical equipment listed in Schedule 3 must:

(a)  be in writing (in the form, if any, set out in the relevant standard) and include:

(i)  the applicant’s business name, address and telephone and facsimile numbers, and

(ii)  if the applicant’s address is not in Australia or New Zealand, the name and address of a person in Australia or New Zealand who can provide information about the application, and

(iii)  a description of the type of equipment and its brand name, model name and model number, and

(iv)  a declaration by the applicant or a person authorised by the applicant that the equipment complies with clause 5 (2), and

(b)  be accompanied by:

(i)  the results of testing and calculations carried out under clause 5 (2) if the relevant standard requires those tests and calculations to accompany the application, and

(ii)  the relevant fee set out in Schedule 1.

(4)  An application for the registration of electrical equipment may specify a range of models of the one brand under the same application if each of the models referred to in the application has the same relevant physical characteristics, energy efficiency and performance characteristics.

(5)  The Corporation may require the applicant to provide any additional information about the physical characteristics, energy efficiency and performance characteristics of the equipment that it considers necessary to determine the application.

(6)  The Corporation may waive any of the requirements of subclause (2) or (3).

(7)–(9)    (Repealed)

cl 7: Am 11.8.2000; 21.6.2002; 17.12.2004; 2006 (35), Sch 1 [5] [6] [9] [10].

8 Applications for transfer of registration

(1)  A person in whose name electrical equipment is for the time being registered may apply to the Corporation to have the registration transferred to another person.

(2)  An application must be:

(a)  in writing, and

(b)  accompanied by:

(i)  details of the registration holder, the equipment and the person to whom the registration is to be transferred, and

(ii)  the written consent of the person to whom the registration is to be transferred, and

(iii)  the relevant fee set out in Schedule 1.

cl 8: Am 2006 (35), Sch 1 [5] [10].

9 Notifying the applicant

(1)  The Corporation must notify an applicant for the registration or transfer of registration of its decision about the application within 30 business days after it makes the decision.

(2)  If the Corporation decides to refuse the registration or transfer of registration of electrical equipment, it must notify the applicant of its decision within 10 business days after it makes the decision and must include a statement of the reasons for the decision.

cl 9: Am 2006 (35), Sch 1 [5].

10 Requirements for registration

The Corporation may only register or transfer the registration of electrical equipment if in the opinion of the Corporation:

(a)  in the case of equipment listed in Schedule 2:

(i)  the equipment complies with the requirements of clause 5 (1), and

(ii)  the energy efficiency label complies with the requirements of clause 17 (2),

(b)  in the case of equipment listed in Schedule 3, the equipment complies with the requirements of clause 5 (2).

cl 10: Am 2006 (35), Sch 1 [5] [9] [11].

11 Duration of registration

A registration expires on the date specified by the Corporation not exceeding 5 years after the date on which it is granted, unless cancelled sooner.

12 Cancellation of registration

(1)  The Corporation may, in accordance with clause 13, cancel the registration of electrical equipment in any of the following circumstances:

(a)  if, when examined or tested by the Corporation or a corresponding authority:

(i)  a sample of the equipment does not conform with the results of testing provided by the applicant,

(ii)  a sample of the equipment does not comply with the energy efficiency requirements or performance criteria of the relevant standard,

(iii)  the information set out on a sample energy efficiency label in respect of the equipment does not conform with the results of testing,

(b)  if the registration holder engages in conduct which misleads or is likely to mislead the public as to the physical characteristics, energy efficiency or performance characteristics of the equipment,

(c)  if the registration holder provides to the Corporation false or misleading information relating to an application for registration or transfer of registration,

(d)  at the request of the registration holder.

(2)  If the registration of electrical equipment is cancelled under subclause (1) (a), the Corporation may also cancel the registration of any other electrical equipment that the Corporation is satisfied:

(a)  has the same relevant physical characteristics, energy efficiency and performance characteristics as the equipment whose registration was cancelled under subclause (1) (a), and

(b)  was registered on the basis of the same results of testing as the equipment referred to in subclause (1) (a).

cl 12: Am 21.6.2002; 17.12.2004; 2006 (35), Sch 1 [5] [9] [12] [13].

13 Requirements for cancellation of registration

(1)  Before cancelling the registration of electrical equipment, the Corporation must notify the registration holder of the proposed cancellation and of the reasons for the proposed cancellation.

(2)  The registration holder may make a written submission within 15 business days after a notice under subclause (1) is given as to why the registration should not be cancelled.

(3)  If, after receiving the registration holder’s submission or if no submission is received, the Corporation decides to cancel the registration, the Corporation must give the registration holder 5 business days’ notice of the date of cancellation of the registration.

cl 13: Am 2006 (35), Sch 1 [5].

14 Sale of certain electrical equipment

(1)  A person must not sell electrical equipment listed in Schedule 2 or 3 unless the equipment is registered in accordance with this Regulation.

Maximum penalty: 20 penalty units.

(2)  This clause applies in respect of the sale of new equipment, whether by wholesale or retail, but does not apply to the sale of the following equipment:

(a)  second-hand equipment,

(b)  equipment that, at the time of sale, is approved, registered or otherwise authorised by a corresponding authority.

cl 14: Am 11.8.2000; 21.6.2002; 17.12.2004; 2006 (35), Sch 1 [5] [9] [14]–[17].

Part 4 Labelling of electrical equipment

pt 4, hdg: Am 2006 (35), Sch 1 [18].

15 Certain electrical equipment to be labelled with approved label when sold

(1)  A person must not sell electrical equipment listed in Schedule 2 unless an approved energy efficiency label is displayed on the equipment in accordance with Part 2 of the relevant standard.

Maximum penalty: 20 penalty units.

(1A)  A person must not sell a fluorescent lamp ballast for use with an International Lamp Coding System (ILCOS) lamp type FD (type T) lamp unless the ballast is legibly labelled with the appropriate energy efficiency index classification specified in the relevant standard.

Maximum penalty: 20 penalty units.

(1B), (1C)    (Repealed)

(2)  In the case of an airconditioner or heat pump that is sold in a package, the approved energy efficiency label may instead be displayed on the package.

(3)  This clause applies in respect of the sale of new equipment, whether by wholesale or retail, but does not apply to the sale of second-hand equipment.

(4), (5)    (Repealed)

cl 15: Am 11.8.2000; 21.6.2002; 3.10.2003; 17.12.2004; 2006 (35), Sch 1 [5] [9] [16] [19].

15A Other electrical equipment may be appropriately labelled when sold

(1)  This clause applies to electrical equipment listed in Schedule 3, except fluorescent lamp ballasts, power transformers, refrigerated display cabinets and rotating electrical machines (three phase).

(2)  A person must not sell electrical equipment on which an energy efficiency label is displayed unless the label is an approved energy efficiency label.

Maximum penalty: 20 penalty units.

cl 15A: Ins 21.6.2002. Am 3.10.2003; 2006 (20), Sch 1 [1]; 2006 (35), Sch 1 [5] [16] [20].

15B Sale of certain equipment labelled as “high efficiency”

(1)  A person must not sell a rotating electrical machine (three phase) that is labelled with the text “high efficiency” unless the machine satisfies the requirements of the relevant standard.

(2)  A person must not sell a refrigerated display cabinet that is labelled with the text “high efficiency” unless the refrigerated display cabinet satisfies the requirements of the relevant standard.

(3)  A person must not sell a power transformer that is labelled with the text “high efficiency” unless the transformer satisfies the requirements of the relevant standard.

Maximum penalty: 20 penalty units.

cl 15B: Ins 2006 (35), Sch 1 [21].

16 Use of display fronts

(1)  A person must not, in connection with the sale of electrical equipment listed in Schedule 2, exhibit a display front for the equipment unless an approved energy efficiency label is displayed on the equipment in accordance with Part 2 of the relevant standard.

Maximum penalty: 20 penalty units.

(2)    (Repealed)

cl 16: Am 11.8.2000; 21.6.2002; 2006 (35), Sch 1 [5] [9] .

17 Approval of energy efficiency label

(1)  The Corporation must approve an energy efficiency label for any electrical equipment listed in Schedule 2 that it registers.

(1A)  The Corporation may approve an energy efficiency label for any electrical equipment listed in Schedule 3 that it registers, except a fluorescent lamp ballast, power transformer, a refrigerated display cabinet or a rotating electrical machine (three phase).

(1B)    (Repealed)

(2)  The approved form of energy efficiency label:

(a)    (Repealed)

(b)  must be in the form, and contain the particulars and any other matter, required by the relevant standard.

(3)    (Repealed)

cl 17: Am 11.8.2000; 21.6.2002; 3.10.2003; 2006 (20), Sch 1 [2]; 2006 (35), Sch 1 [22]–[24].

Part 5 Register

18 Register of electrical equipment

(1)  The Corporation must keep a register of electrical equipment registered by the Corporation.

(2)  The Corporation may enter in the register any details supplied in an application for registration or transfer of registration.

cl 18: Am 2006 (35), Sch 1 [8] [16].

19 Extract from register

On payment of the relevant fee set out in Schedule 1, the Corporation may provide an extract from the register.

20 Change of particulars

If a registration holder’s name or address changes, the registration holder must notify the Corporation in writing within 20 business days after the change occurs.

Maximum penalty: 5 penalty units.

Part 6 Samples and testing

21 Testing by the Corporation

(1)  The Corporation may at any time require any registered electrical equipment to be examined or tested to determine whether it complies with the requirements of the Act and this Regulation.

(2)  For the purposes of subclause (1), the Corporation, by notice given to the registration holder, may require the registration holder to provide a sample of the registered electrical equipment or the energy efficiency label for the equipment.

(3)  Within 15 business days after receipt of a notice under subclause (2), the registration holder must deliver to the Corporation or to a laboratory nominated by the Corporation the sample or label required.

Maximum penalty: 5 penalty units.

cl 21: Am 2006 (35), Sch 1 [9] [25].

22 Liability for samples

The Corporation may dispose of electrical equipment in the possession of the Corporation or held on behalf of the Corporation for the purposes of this Regulation if the equipment is not collected within 20 business days after the Corporation has given notice to the registration holder that the equipment is ready for collection.

cl 22: Am 2006 (35), Sch 1 [5] [9].

Part 7 Repeals and savings

23 Repeal of Electricity (Energy Labelling of Electrical Articles) Regulation 1995

The Electricity (Energy Labelling of Electrical Articles) Regulation 1995 is repealed.

24 Transitional provisions for existing goods affected by changes to Regulation or to relevant standards

(1)  This Regulation does not apply to electrical equipment that (but for this clause) would become subject to this Regulation as a consequence of an amendment to this Regulation or to a relevant standard if the equipment was manufactured in or imported into Australia before the amendment took effect.

(2)    (Repealed)

cl 24: Am 11.8.2000. Subst 21.6.2002. Am 17.12.2004; 2006 (35), Sch 1 [5] [10].

25 Transitional provisions for existing goods affected by changes in performance criteria or energy efficiency or labelling requirements

(1)  This clause applies to electrical equipment in respect of which:

(a)  there is a change in the performance criteria referred to in clause 5 (1), or

(b)  there is a change in the energy efficiency requirements or performance criteria referred to in clause 5 (2), or

(c)  there is a change in the requirements for the display of an energy efficiency label as referred to in clause 15 (1), or

(d)  there is a change in the requirements relating to the form of, or particulars or other matters to be contained in, an energy efficiency label as referred to in clause 17 (2),

as a consequence of an amendment to this Regulation or to a relevant standard.

(2)  This Regulation or the relevant standard, as the case may be, applies to such electrical equipment as if the amendment had not been made if the equipment was manufactured in or imported into Australia before the amendment took effect.

(3)    (Repealed)

cl 25: Ins 21.6.2002. Am 26.3.2004; 17.12.2004; 2006 (35), Sch 1 [5] [10].

26 Transitional provisions relating to registration

(1)  Despite clause 11, registration granted:

(a)  before the commencement of this clause for a period that expires after the commencement of this clause, and

(b)  in respect of electrical equipment that is a single phase airconditioner or single phase heat pump,

expires on that commencement.

(2)  Despite clause 11, registration granted:

(a)  before the commencement of this clause for a period that expires after 1 April 2006, and

(b)  in respect of electrical equipment that is a three phase rotating electrical machine,

expires on 1 April 2006.

(3)  However, electrical equipment the registration for which expires by the operation of subclause (1) or (2) and that was manufactured in or imported into Australia before that expiry is taken to be registered (including for the purposes of clause 12) until the end of the period that it would, but for subclause (1) or (2), have been registered.

cl 26: Ins 17.12.2004. Am 2006 (35), Sch 1 [5].

Part 8 Miscellaneous

pt 8 (cl 27): Ins 2006 (35), Sch 1 [26].

27 Penalty notice offences

For the purposes of section 46A of the Act:

(a)  each offence created by a provision specified in Column 1 of Schedule 4 is prescribed as a penalty notice offence, and

(b)  the penalty prescribed for any such offence is the amount specified in Column 2 of Schedule 4 opposite the offence.

pt 8 (cl 27): Ins 2006 (35), Sch 1 [26].

Schedule 1 Fees

(Clauses 7, 8 and 19)

Item	Fee
For registration of electrical equipment	$150
For transfer of registration of electrical equipment	$50
For provision of an extract from the Register	$50

sch 1: Am 2006 (20), Sch 1 [3]; 2006 (35), Sch 1 [5].

Schedule 2 Standards for electrical equipment that requires registration and labelling with an energy efficiency label

(Clause 5 (1))

sch 2, hdg: Subst 11.8.2000; 21.6.2002. Am 3.10.2003. Subst 17.12.2004. Am 2006 (35), Sch 1 [27].

1 Single phase airconditioners and single phase heat pumps (excluding ducted airconditioners and heat pumps)

The following are the relevant standards for single phase airconditioners and single phase heat pumps (but not ducted airconditioners and heat pumps):

(a)  AS/NZS 3823.1.1:1998, Performance of electrical appliances—Airconditioners and heat pumps, Part 1.1: Non-ducted airconditioners and heat pumps—Testing and rating for performance,

(b)    (Repealed)

(c)  AS/NZS 3823.2:2003, Performance of electrical appliances—Airconditioners and heat pumps, Part 2: Energy labelling and minimum energy performance standard (MEPS) requirements.

2 Clothes washing machines

The following are the relevant standards for clothes washing machines:

(a)  AS/NZS 2040.1:1998, Performance of household electrical appliances—Clothes washing machines, Part 1: Energy consumption and performance,

(b)  AS/NZS 2040.2:2000, Performance of household electrical appliances—Clothes washing machines, Part 2: Energy labelling requirements.

3 Dishwashers

The following are the relevant standards for dishwashers:

(a)  AS/NZS 2007.1:2003, Performance of household electrical appliances—Dishwashers, Part 1: Energy consumption and performance,

(b)  AS/NZS 2007.2:2003, Performance of household electrical appliances—Dishwashers, Part 2: Energy labelling requirements.

4 Refrigerating appliances

(1)    (Repealed)

(2)  The following are the relevant standards for refrigerating appliances:

(a)  AS/NZS 4474.1:1997, Performance of household electrical appliances—Refrigerating appliances, Part 1: Energy consumption and performance,

(b)  AS/NZS 4474.2:2001, Performance of household electrical appliances—Refrigerating appliances, Part 2: Energy labelling and minimum energy performance standard requirements.

5 Rotary clothes dryers

The following are the relevant standards for rotary clothes dryers:

(a)  AS/NZS 2442.1:1996, Performance of household electrical appliances—Rotary clothes dryers, Part 1: Energy consumption and performance,

(b)  AS/NZS 2442.2:2000, Performance of household electrical appliances—Rotary clothes dryers, Part 2: Energy labelling requirements.

sch 2: Subst 11.8.2000; 21.6.2002. Am 26.3.2004. Subst 17.12.2004. Am 2006 (20), Sch 1 [4]–[8].

Schedule 3 Standards for electrical equipment that requires registration but not labelling with an energy efficiency label

(Clause 5 (2))

sch 3, hdg: Subst 21.6.2002. Am 3.10.2003. Subst 17.12.2004. Am 2006 (35), Sch 1 [27].

1 Ducted single phase airconditioners, ducted single phase heat pumps, three phase airconditioners and three phase heat pumps

The following are the relevant standards for ducted single phase airconditioners, ducted single phase heat pumps, three phase airconditioners and three phase heat pumps:

(a)  AS/NZS 3823.1.1:1998, Performance of electrical appliances—Airconditioners and heat pumps, Part 1.1: Non-ducted airconditioners and heat pumps—Testing and rating for performance,

(b)  AS/NZS 3823.1.2:2001, Performance of electrical appliances—Airconditioners and heat pumps, Part 1.2: Test Methods—Ducted airconditioners and air-to-air heat pumps—Testing and rating for performance,

(c)  AS/NZS 3823.2:2003, Performance of electrical appliances—Airconditioners and heat pumps, Part 2: Energy labelling and minimum energy performance standard (MEPS) requirements.

2 Fluorescent lamp ballasts

The following are the relevant standards for fluorescent lamp ballasts for use with International Lamp Coding System (ILCOS) lamp type FD (type T) lamps:

(a)  AS/NZS 4783.1:2001, Performance of electrical lighting equipment—Ballasts for fluorescent lamps, Part 1: Method of measurement to determine energy consumption and performance of ballast-lamp circuits,

(b)  AS/NZS 4783.2:2002, Performance of electrical lighting equipment—Ballasts for fluorescent lamps, Part 2: Energy labelling and minimum energy performance standards requirements.

3 Linear fluorescent lamps

The following are the relevant standards for linear fluorescent lamps:

(a)  AS/NZS 4782.1.2004, Double-capped fluorescent lamps—Performance specifications, Part 1: General (IEC 60081: 2000, MOD),

(b)  AS/NZS 4782.2.2004, Double-capped fluorescent lamps—Performance specifications, Part 2: Minimum Energy Performance Standard (MEPS).

3A Power transformers

The following are the relevant standards for power transformers:

(a)  AS 2735—1984, Dry-type power transformers,

(b)  AS 2374.1—1997, Power transformers, Part 1: General,

(c)  AS 2374.1.2—2003, Power transformers, Part 1.2: Minimum Energy Performance Standard (MEPS) requirements for distribution transformers.

4 Refrigerated display cabinets

The following are the relevant standards for refrigerated display cabinets:

(a)  AS/NZS 1731.1—2003, Refrigerated display cabinets, Part 1: Terms and definitions,

(b)  AS/NZS 1731.2—2003, Refrigerated display cabinets, Part 2: General mechanical and physical requirements,

(c)  AS/NZS 1731.3—2003, Refrigerated display cabinets, Part 3: Linear dimensions, areas and volumes,

(d)  AS/NZS 1731.4—2003, Refrigerated display cabinets, Part 4: General test conditions,

(e)  AS/NZS 1731.5—2003, Refrigerated display cabinets, Part 5: Temperature test,

(f)  AS/NZS 1731.6—2003, Refrigerated display cabinets, Part 6: Classification according to temperatures,

(g)  AS/NZS 1731.9—2003, Refrigerated display cabinets, Part 9: Electrical energy consumption test,

(h)  AS/NZS 1731.12—2003, Refrigerated display cabinets, Part 12: Measurement of the heat extraction rate of the cabinets when the condensing unit is remote from the cabinet,

(i)  AS/NZS 1731.13—2003, Refrigerated display cabinets, Part 13: Test report,

(j)  AS/NZS 1731.14—2003, Refrigerated display cabinets, Part 14: Minimum energy performance standard (MEPS) requirements.

5 Rotating electrical machines (three phase)

(1)  Before 1 April 2006, the relevant standard for three phase rotating electrical machines is AS/NZS 1359.5:2000, Rotating electrical machines—General requirements, Part 5: Three-phase cage induction motors—High efficiency and minimum energy performance standards requirements.

(2)  On and from 1 April 2006, the relevant standard for three phase rotating electrical machines is AS/NZS 1359.5:2004, Rotating electrical machines—General requirements, Part 5: Three-phase cage induction motors—High efficiency and minimum energy performance standards requirements.

6 Storage water heaters

The following are the relevant standards for storage water heaters:

(a)  AS/NZS 4692.1:2005, Electric Water Heaters, Part 1: Energy consumption, performance and general requirements,

(b)  AS/NZS 4692.2:2005, Electric Water Heaters, Part 2: Minimum Energy Performance Standard (MEPS) requirements and energy labelling.

sch 3: Subst 21.6.2002. Am 3.10.2003; 26.3.2004. Subst 17.12.2004. Am 2006 (20), Sch 1 [9]–[11]; 2006 (35), Sch 1 [28].

Schedule 4 Penalty notice offences

(Clause 27)

Column 1	Column 2
Offence	Amount of penalty
Offences under this Regulation
Clause 14	$550
Clause 15	$550
Clause 15A	$550
Clause 15B	$550
Clause 16	$550

sch 4: Ins 2006 (35), Sch 1 [29].