Greenhouse and Energy Minimum Standards (Household Refrigerating Appliances) Determination 20121
Greenhouse and Energy Minimum Standards Act 2012
I, MARK DREYFUS, Parliamentary Secretary for Climate Change and Energy Efficiency, make this Determination under section 23 of the Greenhouse and Energy Minimum Standards Act 2012.
Dated                  25 October 2012
 
 
MARK DREYFUS
 
Parliamentary Secretary for Climate Change and Energy Efficiency

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© 2012 Commonwealth of Australia
 
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1              Name of Determination
This Determination is the Greenhouse and Energy Minimum Standards (Household Refrigerating Appliances) Determination 2012.
2              Commencement
This Determination comes into force on the day after it is registered.
3              Definitions
In this Determination:
Act means the Greenhouse and Energy Minimum Standards Act 2012.
AS/NZS 4474.1:2007 means Australian/New Zealand Standard 4474.1:2007 Performance of household electrical appliances – Refrigerating appliances – Part 1: Energy consumption and performance, as it existed on the date this Determination came into force.
Note 1:             AS/NZS 4474.1:2007 is available from Standards Australia Limited.
Note 2:             AS/NZS 4474.1:2007 includes all amendments up to and including AS/NZS 4474.1:2007/Amdt 2:2011 made on 31 March 2011.
AS/NZS 4474.2:2009 means Australian/New Zealand Standard  4474.2:2009 Performance of household electrical appliances – Refrigerating appliances – Part 2: Energy labelling and minimum energy performance standard requirements, as it existed on the date this Determination came into force.
Note 1:             AS/NZS 4474.2:2009 is available from Standards Australia Limited.
Note 2:             AS/NZS 4474.2:2009 includes all amendments up to and including AS/NZS 4474.2:2009/Amdt 1:2011 made on 28 March 2011.
Australian Standard means a standard that is published by Standards Australia Limited denoted by the letters "AS" and identifying numbers and/or letters.
Australian/New Zealand Standard means a standard that is jointly published by Standards Australia Limited and Standards New Zealand, is applicable in both countries and denoted by the letters “AS/NZS” and identifying numbers and/or letters.
household refrigerating appliance means a self contained, factory produced, insulated cabinet of a design and volume which is suitable for general household use, cooled by energy consuming means and intended for preservation of foodstuffs, frozen or unfrozen.
Note:                 This is the same meaning as in subclause 1.3.16 of AS/NZS 4474.1:2007.
IEC Standard means a standard that is published by, or on behalf of, the International Electrotechnical Commission.
standard means an Australian Standard, an Australian/New Zealand Standard, an IEC Standard or any other equivalent document.
 
Note:               Several other words and expressions used in this Determination have the meaning given by section 5 of the Act.  For example:
·           category A product
·           covered by
·           family of models
·           GEMS
·           GEMS labelling requirements
·           GEMS level requirements
·           model
·           product classes
·           supply
4              Interpretation
Applicable definitions of terms or phrases
(1)          If a term or phrase is not defined under the Act, the Regulations to the Act or in this Determination, but the term is defined in a standard mentioned specifically in section 3 of this Determination, the term or phrase is to be read for the purposes of this Determination as having the meaning of the term under the relevant standard.
Note:               Notwithstanding this, for convenience to users, some of the key terms for ascertaining if a product is covered by this Determination are defined in this Determination.
Applicable version of documents incorporated into standards
(2)          For the purposes of this Determination the applicable version of any document, including a standard, that:
(a)     is referred to in a standard under the heading ‘Referenced Documents’, or under an equivalent heading in a standard; and
(b)     must be applied to give effect to this Determination or a standard referred to in this Determination,
is the version of the document, including a standard, that existed at the date this Determination came into force.
Note:               For example clause 3.4 of AS/NZS 4474.2:2009 provides that the operating temperature performance for household refrigerating appliances shall meet the requirements set out in section 3 of AS/NZS 4474.1:2007. The applicable version of AS/NZS 4474.1:2007 is the version that existed at the date this Determination came into force.
5              Specified product classes covered by this Determination
(1)          This Determination covers household refrigerating appliances in the product classes set out in subsection (2).
Note 1:            This subsection reflects the scope specified in clause 1.1 of AS/NZS 4474.1:2007 and clause 1.1 of AS/NZS 4474.2:2009.
Note 2:            This Determination covers household refrigerating appliances irrespective of the context in which they are used. For example, this Determination applies to household refrigerating appliances used in a commercial context.
Note 3:            This subsection specifies products that are covered by the Determination. See subsection (3) for products that are not covered.
(2)          The product classes are as follows:
Product class
Products covered by class

1
Products within group 1 of table 1.1 of AS/NZS 4474.1:2007

2
Products within group 2 of table 1.1 of AS/NZS 4474.1:2007

3
Products within group 3 of table 1.1 of AS/NZS 4474.1:2007

4
Products within group 4 of table 1.1 of AS/NZS 4474.1:2007

5
Products within group 5T of table 1.1 of AS/NZS 4474.1:2007

6
Products within group 5B of table 1.1 of AS/NZS 4474.1:2007

7
Products within group 5S of table 1.1 of AS/NZS 4474.1:2007

8
Products within group 6C of table 1.1 of AS/NZS 4474.1:2007

9
Products within group 6U of table 1.1 of AS/NZS 4474.1:2007

10
Products within group 7 of table 1.1 of AS/NZS 4474.1:2007

 
(3)          For subsection 23 (2) of the Act, this Determination does not cover:
(a)           products which have a total gross volume of less than 60 litres and that are designed exclusively for use in caravans and other vehicles including:
(i)            mobile homes;
(ii)          campervans;
(iii)        rail cars; and
(iv)        boats;
(b)          portable products that have a gross volume of less than 30 litres;
(c)           products that have a gross volume of less than 30 litres where the refrigeration function is secondary, such as boiled and cooled water dispensers;
(d)          products that have no options for connection to a 230 volt or 400 volt mains electricity supply at 50 hertz;
(e)           products that cool using technologies other than the vapour compression cycle;
(f)           wine storage cabinets; or
(g)          stand alone ice-makers.
Note:               This subsection reflects the exclusions specified in clause 1.1 of AS/NZS 4474.1:2007 and clause 1.2 of AS/NZS 4474.2:2009.
(4)          In this section:
gross volume means the measured volume enclosed within a compartment determined in accordance with Appendix A of AS/NZS 4474.1:2007.
Note:               This is the same meaning as in subclause 1.3.29 (a) (i) of AS/NZS 4474.1:2007.
portable products means units that are specifically designed to be moved from place to place as part of their normal use as stated in the product literature that accompanies the product, including the operating manual and the user instructions.
Note:               This is the same meaning as in subclause 1.6.11 of AS/NZS 4474.2:2009.
total gross volume means the sum of the gross volumes for all compartments in a household refrigerating appliance determined in accordance with Appendix A of AS/NZS 4474.1:2007.
Note:               This is the same meaning as in subclause 1.3.29 (a) (iii) of AS/NZS 4474.1:2007.
wine storage cabinet means an appliance which is specifically designed exclusively for the storage and/or long term maturation of wine, through:
(a)           the capability to maintain continuously a nominated temperature (typically 14 degrees Celsius to 16 degrees Celsius) at an ambient temperature either above or below the nominated temperature, usually with heating as well as cooling;
(b)          the capability to maintain temperatures within a variation over time of less than 0.5 Kelvin;
(c)           control of the compartment humidity; and
(d)          construction to reduce the transmission of vibration to the compartment, whether from the refrigerator compressor or from external source.
Note:               This is the same meaning as in subclause 1.3.18 of AS/NZS 4474.1:2007.
6              GEMS level requirements
Energy use and greenhouse gas production
(1)            For paragraphs 24 (1) (a) and 25 (a) of the Act, the specified energy use requirements for products covered by this Determination are the requirements mentioned in clause 3.5 of AS/NZS 4474.2:2009.
Conducting tests
(2)            For paragraphs 24 (1) (a) and 25 (b) of the Act, the specified requirements for conducting tests for products covered by this Determination are the requirements mentioned in section 2 of AS/NZS 4474.1:2007.
7              GEMS labelling requirements
Labelling and communication requirements
(1)          For paragraphs 24 (1) (b), 26 (1) (a) and 26 (1) (b) of the Act, the specified labelling and communication requirements for products covered by this Determination are the requirements mentioned in section 5 of AS/NZS 4474.2:2009 (Energy Labelling).
Conducting tests
(2)          For paragraphs 24 (1) (b) and 26 (1) (c) of the Act, the specified requirements for conducting tests for products covered by this Determination are the requirements mentioned in section 2 of AS/NZS 4474.1:2007.
8              Other GEMS requirements
Product performance
(1)          For subsection 24 (2) and paragraph 27 (1) (b) of the Act, the specified requirements relating to the performance of products covered by this Determination are the requirements mentioned in:
(a)           clause 3.1 of AS/NZS 4474.1:2007 (General Requirements);
(b)          clause 3.2 of AS/NZS 4474.2:2009 (Rated Volume);
(c)           clause 3.3 of AS/NZS 4474.2:2009 (Pull Down);
(d)          clause 3.4 of AS/NZS 4474.2:2009 (Operating Temperature Performance);
(e)           clause 3.5 of AS/NZS 4474.1:2007 (Automatic Ice-making Capacity); and
(f)           clause 3.7 of AS/NZS 4474.1:2007 (Energy Test Performance Requirements).
Conducting tests
(2)            For subsection 24 (2) and paragraph 27 (1) (e) of the Act, the specified requirements for conducting tests for products covered by this Determination, in relation to paragraph 27 (1) (b), are the requirements mentioned in section 2 of AS/NZS 4474.1:2007.
9              Families of models
For section 28 of the Act, the specified circumstances, in which 2 or more models from a single product class covered by this Determination are in the same family of models, are the circumstances mentioned in subclause 1.6.6 of AS/NZS 4474.2:2009.
10            Product categories
For section 29 of the Act, the products covered by this Determination are category A products.
 
Note
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.