Part 1 Preliminary
1 Name of Regulation
This Regulation is the Energy and Utilities Administration Regulation 2006.
2 Commencement
This Regulation commences on 1 September 2006.Note—This Regulation replaces the Energy and Utilities Administration Regulation 1999 which is repealed on 1 September 2006 by section 10 (2) of the Subordinate Legislation Act 1989.
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 Division 3 of Part 2 in respect of the equipment, orwhere the approval or registration is still in force.(b) has been approved or registered by a corresponding authority in respect of the equipment,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.energy efficiency label for electrical equipment means a label, designed to be displayed on the equipment, indicating the energy efficiency of the equipment.registered means recorded in the register of electrical equipment kept by the Corporation in accordance with clause 14.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 1 or 2 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:(a) if the standard continues to be in force—the standard as in force from time to time, or(b) if the standard has ceased to be in force (including any standard that ceased to be in force because it has been superseded by another standard published by the same person or body)—the standard as in force immediately before it ceased to be in force.(3) Words and expressions used in this Regulation that are used in a standard referred to in this Regulation have the same meanings in this Regulation as they have in the standard.(4) Without limiting subclause (3), a reference in this Regulation to electrical equipment listed in Schedule 1 or 2 extends only to electrical equipment to which the relevant standard for that kind of equipment applies.(5) Notes included in this Regulation do not form part of this Regulation.
Part 2 Energy efficiency of electrical equipment
Division 1 Standards
4 Minimum standards
(1) Electrical equipment listed in Schedule 1 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 a laboratory that is:(a) accredited by the National Association of Testing Authorities, or(b) approved by the Corporation.(2) Electrical equipment listed in Schedule 2 must comply with any applicable energy efficiency requirements and performance criteria set out in the relevant standard.
Division 2 Registration
5 Sale of certain electrical equipment
(1) A person must not sell electrical equipment listed in Schedule 1 or 2 unless the equipment is registered by the Corporation in accordance with this Division.Maximum penalty: 20 penalty units.(2) This clause applies in respect of the sale of new electrical 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.
6 Applications for registration
(1) A person may apply to the Corporation for the registration of electrical equipment listed in Schedule 1 or 2.(2) An application for the registration of electrical equipment listed in Schedule 1 must:(a) be in the form set out in the relevant standard, and(b) 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(c) include a declaration by the applicant or a person authorised by the applicant that the equipment complies with clause 4 (1), and(d) be accompanied by:(i) the results of testing referred to in clause 4 (1) in the form set out in the relevant standard, and(ii) the results of testing and calculations referred to in section 2 of Part 2 of the relevant standard, and(iii) a sample of the energy efficiency label required to be displayed under clause 16, and(iv) a fee of $150.(3) An application for the registration of electrical equipment listed in Schedule 2 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 4 (2), and(b) be accompanied by:(i) the results of testing and calculations if the relevant standard requires those tests and calculations to accompany the application, and(ii) a fee of $150.(4) An application for the registration of electrical equipment may be made in respect of a range of models of the one brand if each of the models 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 Applications for transfer of registration
(1) A person in whose name electrical equipment is 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) a fee of $50.
8 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) However, 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.
9 Requirements for registration
The Corporation may only register or transfer the registration of electrical equipment if the Corporation is satisfied that:(a) in the case of equipment listed in Schedule 1:(i) the equipment complies with the requirements of clause 4 (1), and(ii) the energy efficiency label required to be displayed under clause 16 is in the form, and contains the particulars and any other matter, required by the relevant standard,(b) in the case of equipment listed in Schedule 2, the equipment complies with the requirements of clause 4 (2).
10 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.
11 Cancellation of registration
(1) The Corporation may, in accordance with clause 12, cancel the registration of electrical equipment in any of the following circumstances:(a) if, when examined or tested under clause 21 or by a corresponding authority:(i) a sample of the equipment does not conform with the results of testing provided by the applicant, or(ii) a sample of the equipment does not comply with the energy efficiency requirements or performance criteria of the relevant standard, or(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).
12 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.
13 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.
14 Register of electrical equipment
(1) The Corporation must keep a register of electrical equipment approved for registration by the Corporation.(2) The Corporation may enter in the register any details supplied in an application for registration or transfer of registration and any change to the registration holder’s name or address that is notified to the Corporation.(3) On payment of a fee of $50, the Corporation may provide an extract from the register.
Division 3 Labelling
15 Approval of energy efficiency label
(1) The Corporation must approve an energy efficiency label for any electrical equipment listed in Schedule 1 that it registers.(2) The Corporation may approve an energy efficiency label for any electrical equipment listed in Schedule 2 that it registers, except a fluorescent lamp ballast, power transformer, refrigerated display cabinet, rotating electrical machine (three phase), external power supply or digital television set-top box.(3) The approved form of energy efficiency label must be in the form, and contain the particulars and any other matter, required by the relevant standard.cl 15: Am 2009 (267), Sch 1 [1].
16 Electrical equipment listed in Schedule 1 to be labelled with approved label when sold
(1) A person must not sell electrical equipment listed in Schedule 1 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) 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.
17 Use of display fronts in connection with sale of electrical equipment listed in Schedule 1
(1) A person must not, in connection with the sale of electrical equipment listed in Schedule 1, 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) In this clause:display front means an assembly intended to represent the front of electrical equipment.
18 Labels on certain electrical equipment listed in Schedule 2 to be approved
(1) This clause applies to electrical equipment listed in Schedule 2, except fluorescent lamp ballasts, power transformers, refrigerated display cabinets, rotating electrical machines (three phase), external power supplies and digital television set-top boxes.(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 18: Am 2009 (267), Sch 1 [2].
19 Fluorescent land ballast to be appropriately labelled when sold
(1) 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.(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 second-hand equipment.
20 Sale of certain equipment listed in Schedule 2 and labelled as “high efficiency”
(1) This clause applies to a power transformer, refrigerated display cabinet, rotating electrical machine (three phase), external power supply or digital television set-top box.(2) A person must not sell any equipment to which this clause applies that is labelled with the text “high efficiency” unless the equipment satisfies the requirements of the relevant standard relating to describing the equipment as “high efficiency”.Maximum penalty: 20 penalty units.cl 20: Am 2009 (267), Sch 1 [3].
Division 4 Testing required by the Corporation
21 Testing or examination for compliance
(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 clause 4 (Minimum standards) or Division 3 (Labelling).(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.
22 Disposal of 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 clause 21 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.
Division 5 Transitional provisions
23 Transitional provisions for existing goods affected by changes to Regulation or to relevant standards
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.
24 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 4 (1), or(b) there is a change in the energy efficiency requirements or performance criteria referred to in clause 4 (2), or(c) 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 15 (3), oras a consequence of an amendment to this Regulation or to a relevant standard.(d) there is a change in the requirements for the display of an energy efficiency label as referred to in clause 16 (1),(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.
Part 3 Miscellaneous
25 Prescribed State water agencies and water savings areas
(1) The following State agencies are prescribed for the purposes of paragraph (b) of the definition of State water agency in section 3 (1) of the Act:(a) Gosford City Council,(b) Wyong Shire Council.(2) The following areas of the State are prescribed for the purposes of paragraph (b) of the definition of water savings area in section 3 (1) of the Act:(a) the local government area of Gosford City Council under the Local Government Act 1993,(b) the local government area of Wyong Shire Council under the Local Government Act 1993.
26 Penalty notice offences and penalties
For the purposes of section 46A of the Act:(a) each offence created by a provision specified in Column 1 of Schedule 3 is prescribed as a penalty notice offence, and(b) the penalty prescribed for each such offence is the amount specified opposite the provision in Column 2 of the Schedule.
27 Savings
Any act, matter or thing that, immediately before the repeal of the Energy and Utilities Administration Regulation 1999, had effect under that Regulation continues to have effect under this Regulation.
Schedule 1 Standards for electrical equipment that requires registration and labelling with an energy efficiency label
(Clauses 4 (1), 5 (1), 6 (1), 15 (1), 16 (1) and 17 (1))
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: Test Methods—Non-ducted airconditioners and heat pumps—Testing and rating for performance,(b) AS/NZS 3823.1.3:2005, Performance of electrical appliances—Airconditioners and heat pumps, Part 1.3: Water-source heat pumps—Water-to-air and brine-to-air heat pumps—Testing and rating of performance (ISO 13256–1, Ed. 01 (1998) MOD),(c) AS/NZS 3823.2:2005, 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 2040.1:2005, Performance of household electrical appliances—Clothes washing machines, Part 1: Methods for measuring performance, energy and water consumption,(b) AS/NZS 2040.2:2005, Performance of household electrical appliances—Clothes washing machines, Part 2: Energy efficiency labelling requirements.
3 Dishwashers
The following are the relevant standards for dishwashers:(a) AS/NZS 2007.1:2005, Performance of household electrical appliances—Dishwashers, Part 1: Methods for measuring performance, energy and water consumption,(b) AS/NZS 2007.2:2005, Performance of household electrical appliances—Dishwashers, Part 2: Energy efficiency labelling requirements.
4 Refrigerating appliances
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 1: Am 2007 (145), Sch 1 [1] [2].
Schedule 2 Standards for electrical equipment that requires registration but not labelling with an energy efficiency label
(Clauses 4 (2), 5 (1), 6 (1), 15 (2) and 18 (1))
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: Test Methods—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 3823.1.3:2005, Performance of electrical appliances—Airconditioners and heat pumps, Part 1.3: Water-source heat pumps—Water-to-air and brine-to-air heat pumps—Testing and rating of performance (ISO 13256–1, Ed. 01 (1998) MOD),(d) AS/NZS 3823.2:2005, 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 ballasts 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).
4 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.
5 Refrigerated display cabinets
The following are the relevant standards for refrigerated display cabinets:(a) AS 1731.1—2003, Refrigerated display cabinets, Part 1: Terms and definitions,(b) AS 1731.2—2003, Refrigerated display cabinets, Part 2: General mechanical and physical requirements,(c) AS 1731.3—2003, Refrigerated display cabinets, Part 3: Linear dimensions, areas and volumes,(d) AS 1731.4—2003, Refrigerated display cabinets, Part 4: General test conditions,(e) AS 1731.5—2003, Refrigerated display cabinets, Part 5: Temperature test,(f) AS 1731.6—2003, Refrigerated display cabinets, Part 6: Classification according to temperatures,(g) AS 1731.9—2003, Refrigerated display cabinets, Part 9: Electrical energy consumption test,(h) AS 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 1731.13—2003, Refrigerated display cabinets, Part 13: Test report,(j) AS 1731.14—2003, Refrigerated display cabinets, Part 14: Minimum energy performance standard (MEPS) requirements.
6 Rotating electrical machines (three phase)
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.
7 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.
8 External power supplies
The following are the relevant standards for external power supplies:(a) AS/NZS 4665.1:2005, Performance of external power supplies, Part 1: Test method and energy performance mark,(b) AS/NZS 4665.2:2005, Performance of external power supplies, Part 2: Minimum energy performance standard (MEPS) requirements.
9 Digital television set-top boxes
The following are the relevant standards for digital television set-top boxes:(a) AS/NZS 62087:2004, Methods of measurement for the power consumption of audio, video and related equipment,(b) AS/NZS 62087.2.1:2008, Power consumption of audio, video and related equipment, Part 2.1: Minimum energy performance standards (MEPS) requirements for digital television set-top boxes.
sch 2: Am 2009 (267), Sch 1 [4].
Schedule 3 Penalty notice offences
(Clause 26)
Column 1 | Column 2 |
Offence | Amount of penalty |
Offences under this Regulation | |
Clause 5 | $550 |
Clause 16 | $550 |
Clause 17 | $550 |
Clause 18 | $550 |
Clause 19 | $550 |
Clause 20 | $550 |