Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 1 February 2003, exempt, for a period of 12 months, regulations 4 and 5 of the Energy Efficiency (Energy Using Products) Regulations 2002 from the Trans-Tasman Mutual Recognition Act 1997 (the Act), to the extent that those regulations apply to certain lighting ballasts and water heaters (the goods). However, the exemption does not apply if the goods were purchased by an importer before 1 February 2003.

Under the Act, a product that is produced in, or imported into, Australia and that can be sold in Australia may also be sold in New Zealand, notwithstanding that it may not comply with a more stringent New Zealand standard or other requirement for that product. From 1 February 2003 (when the relevant New Zealand standards come into force), Australia's minimum energy performance standards for lighting ballasts and electric storage water heaters will be lower than the New Zealand standards. This could jeopardise the New Zealand Government's energy efficiency objectives, with potential adverse effects on the environment.

The effect of these regulations is that for a period of 12 months from 1 February 2003 the goods to which these regulations apply, whether capable of being sold in Australia or not, must comply with regulations 4 and 5 of the Energy Efficiency (Energy Using Products) Regulations 2002.