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Understanding the Minimum Energy Performance Standards scheme

31 October 2007

This overview of the scheme underlying the Minimum Energy Performance Standards (MEPS) in Australia may assist in the understanding of advice regarding energy efficiency requirements for electrical appliances and equipment.

For example, Sunbeam Corporation Limited (Sunbeam) was recently faced with a situation where a new mobile refrigerator appliance that it proposed to manufacture and distribute did not meet the requirements of the MEPS. Sunbeam sought advice on whether and how it could overcome this hurdle.

Overview

The Minimum Energy Performance Standards (MEPS) is a regulatory tool for improving the energy efficiency of appliances and equipment. MEPS sets the minimum levels of energy efficiency a product must meet for it to be sold in the Australian marketplace.


The scheme underlying the MEPS is a national (but not federal) scheme which is implemented by legislation in the various states which implement it. The scheme is mandatory and gives force to the relevant Australian Standards.

It is mandatory for the following products manufactured or imported into Australia to meet the MEPS levels specified in the relevant Australian Standards:

The MEPS do not prescribe energy labelling requirements, but the state legislation containing the MEPS requirements also contain requirements for product labelling.

Implementation in the states

Applications for registration of appliances and equipment and labelling are currently accepted by New South Wales, South Australia, Victoria and Queensland. A registration for energy labelling in any of these states is accepted as valid in all Australian states and territories.

New South Wales

In New South Wales, the MEPS scheme is implemented by the Energy and Utilities Administration Act 1987 (NSW) and the Energy and Utilities Administration Regulation 2006 (NSW) and is overseen by the NSW Department of Water and Energy (Regulator).
The Regulation divides ‘electrical equipment’ into two categories:

All Schedule 1 and Schedule 2 electrical equipment must be registered by the Regulator before it can be sold.2

Schedule 1 electrical equipment must comply with the applicable performance criteria of the relevant Australian Standard when tested.3 Schedule 2 electrical equipment must comply with any applicable energy efficiency requirements and performance criteria of the relevant Australian Standard.4

Generally, an application for registration must include a declaration of compliance with the relevant performance criteria, the results of testing and calculations and, where applicable, a sample label.5

The Regulation also contains labelling requirements. All Schedule 1 electrical equipment, and certain Schedule 2 electrical equipment, cannot be sold without an approved energy efficiency label.6

Registered electrical equipment may at any time be examined or tested by the Regulator to determine whether it complies with the relevant performance standards or labelling requirements.7

Queensland

In Queensland, the MEPS scheme is implemented by Chapter 7 of the Electricity Regulation 2006 (Qld) and is overseen by the Electrical Safety Office within the Queensland Department of Employment and Industrial Relations (Regulator).
The Regulation divides ‘prescribed electrical equipment’ into three categories:

All Part 1, Part 2 and Part 3 electrical equipment must be registered by the Regulator before it can be sold.9 

Part 1 electrical equipment must comply with the applicable performance criteria of the relevant Australian Standard when tested.10  Part 2 electrical equipment must comply with the energy efficiency requirements of the relevant Australian Standard.11

An application for registration must contain, inter alia, the test results and calculations for the electrical equipment and, where applicable, a sample label.12  The Regulator may register an item of prescribed electrical equipment only if the Regulator considers it complies with the relevant performance criteria and, where applicable, the relevant labelling requirements.13

All Part 1 electrical equipment displayed for sale must be attached with an energy efficiency label that complies with the labelling and attaching requirements of the relevant Australian Standard.14  The same applies to Part 3 electrical equipment that has an energy efficiency label attached to it.15

All Part 1 and Part 3 electrical equipment must be tested to determine whether it complies with the applicable performance criteria in the relevant Australian Standard.16  Storage water heaters and heat exchange water heaters must be tested to find out whether they comply with the energy efficiency requirements in the relevant Australian Standard.17  Double-capped fluorescent lamps, refrigerated display cabinets, power transformers and three-phase cage induction motors must be tested in accordance with the relevant requirements of the relevant Australian Standard to find out whether they comply with the minimum energy performance requirements of the relevant Australian Standard.18

South Australia

In South Australia, the MEPS scheme is implemented by the Electrical Products Act 2000 (SA) and the Electrical Products Regulations 2001 (SA) and is overseen by the Office of the Technical Regulator of the Department for Transport, Energy and Infrastructure (Regulator).

Under the Act, a class of electrical product19  must not be sold unless it is:

The Regulation provides for the issuing of:

An application for a performance registration certificate must be accompanied by, inter alia, a written report that details tests and inspections determining whether the product complies with the applicable Australian Standard.24  An application for an efficiency labelling certificate must be accompanied by, inter alia, a sample of the label.25

An efficiency labelling certificate authorises the holder of the certificate to affix a label to an electrical product in accordance with the applicable energy efficiency labelling standard.26

Victoria

In Victoria, the MEPS is implemented by the Electricity Safety Act 1998 (Vic) and the Electricity Safety (Equipment Efficiency) Regulations 1999 (Vic) and is overseen by Energy Safe Victoria (Regulator).

The Regulation divides ‘proclaimed electrical equipment’ into two categories:

Schedule 3 electrical equipment must be registered and labelled in accordance with the Regulations before it is sold.28 Schedule 3 electrical equipment must comply with the applicable performance criteria (other than minimum energy performance standards) of the relevant Australian Standard when tested in accordance with those standards.29 

Refrigerating appliances must also comply with relevant minimum energy performance standards.30

An application for registration of Schedule 3 electrical equipment must specify whether the equipment complies with the minimum standards for energy efficiency, the results of testing and calculations referred to in the relevant standard and a sample of the label to be attached to the equipment.31

The Regulation contains specific requirements for the labelling of Schedule 3 electrical equipment.32

Schedule 4 electrical equipment must be registered before it is sold.33  Schedule 4 electrical equipment must comply with the energy efficiency requirements set out in cl 2.4 of Australian Standard, “Storage water heaters – Part 1: General Requirements” (As 1056.1:1991).34

An application for registration of Schedule 4 electrical equipment must contain a declaration of compliance with the AS 1056.1:1991.

This article was written by Jason Johnston, Solicitor.

Footnotes

1. Schedule 1 electrical equipment includes single phase airconditioners and single phase heat pumps, clothes washing machines, dishwashers, refrigerators and rotary clothes dryers.
Schedule 2 electrical equipment includes ducted single phase airconditioners, ducted single phase heat pumps, three phase airconditioners, three phase heat pumps, fluorescent lamp ballasts, linear fluorescent lamps, power transformers, refrigerated display cabinets, rotating electrical machines (three phase) and storage water heaters.
2. Energy and Utilities Administration Regulation 2006 (NSW), cl 5(1). The maximum penalty for non-compliance is $2,200.
3. Energy and Utilities Administration Regulation 2006 (NSW), cl 4(2).
4. Energy and Utilities Administration Regulation 2006 (NSW), cl 4(2).
5. Energy and Utilities Administration Regulation 2006 (NSW), cl 6.
6. Energy and Utilities Administration Regulation 2006 (NSW), cl 16 and 18.
7. Energy and Utilities Administration Regulation 2006 (NSW), cl 21(1).
8. Part 1 electrical equipment includes clothes washing machines, dishwashers, refrigerators, single phase refrigerative airconditioners and heat pumps, rotary clothes dryers and fluorescent lamp ballasts.
Part 2 electrical equipment includes storage water heaters and heat exchange water heaters, 3-phase cage induction motors, double-capped fluorescent lamps, refrigerated display cabinets and power transformers.
Part 3 electrical equipment includes room airconditioners with three-phase motors.
9. Electricity Regulation 2006 (Qld), cll 162-4.
10. Electricity Regulation 2006 (Qld), cl 140(2).
11. Electricity Regulation 2006 (Qld), cl 140(3).
12. Electricity Regulation 2006 (Qld), cl 138(2).
13. Electricity Regulation 2006 (Qld), cl 139.
14. Electricity Regulation 2006 (Qld), cll 152(1)(a) and 162(1)(b)(i).
15. Electricity Regulation 2006 (Qld), cl 166(1)(b).
16. Electricity Regulation 2006 (Qld), cl 155(1).
17. Electricity Regulation 2006 (Qld), cl 155(2).
18. Electricity Regulation 2006 (Qld), cl 155(3) and (4).
19. The classes of electrical product to which the Regulation applies are air conditioners, clothes dryers, dishwashing machines, freezers, refrigerators, refrigerator-freezers and washing machines. Electrical Products Regulation 2001 (SA), Schedule.
20. Electrical Products Act 2000 (SA), s 6(2).
21. Electrical Products Act 2000 (SA), s 6(3).
22. Electrical Products Regulation 2001 (SA), cl 5(1)(b).
23. Electrical Products Regulation 2001 (SA), cl 5(1)(c).
24. Electrical Products Regulation 2001 (SA), cl 5(2)(a)(ii).
25. Electrical Products Regulation 2001 (SA), cl 5(2)(a)(iii).
26. Electrical Products Regulation 2001 (SA), cl 7.
27. Schedule 3 electrical equipment includes clothes washing machines, dishwashers, refrigerators, room airconditioners and rotary clothes dryers.
Schedule 4 electrical equipment includes storage water heaters – unvented without an attached feed tank.
28. Electrical Products Act 1998 (Vic), s 68.
29. Electricity Safety (Equipment Efficiency) Regulations 1999 (Vic), cl 6(1).
30. Electricity Safety (Equipment Efficiency) Regulations 1999 (Vic), cl 6(2).
31. Electricity Safety (Equipment Efficiency) Regulations 1999 (Vic), cl 8(2).
32. Electricity Safety (Equipment Efficiency) Regulations 1999 (Vic), cl 16.
33. Electrical Products Act 1998 (Vic), s 68.
34. Electricity Safety (Equipment Efficiency) Regulations 1999 (Vic), cl 6(2).

For more information please contact



Name : John Taberner
Title : Consultant
Office : Sydney
Phone : +61 2 9225 5427
Fax : +61 2 9322 4000
Email : john.taberner@freehills.com

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