1Short title
This Act is the Product Emissions Standards Act 2017.
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Bill homepage (APH)This Act is the Product Emissions Standards Act 2017.
Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information | ||
|---|---|---|
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this Act | The day after this Act receives the Royal Assent. | 15 September 2017 |
This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
The objects of this Act are:
to regulate emissions from certain products by setting emissions standards; and
in doing so, to achieve either or both of the following:
contribute to improving air quality in Australia in order to deliver associated health and environmental benefits;
assist in giving effect to Australia’s obligations under one or more of the Climate Change Conventions.
For Climate Change Conventions, see section 7.
This Act creates a framework for regulating emissions from products.
The Act provides for an emissions‑controlled product to be certified. To be certified, the product must meet an emissions standard.
A person who imports or supplies an emissions‑controlled product that is not certified will commit an offence. There are also offences related to false or incorrect marking of products as certified. Civil penalties are included as alternatives to offences.
Products dealt with in breach of the Act are forfeited to the Commonwealth.
The rules may exempt persons or products from the operation of the Act.
Record‑keeping requirements and regulatory powers (mostly drawn from the Regulatory Powers Act) are included to assist in enforcing the Act.
The operation of the Act is to be reviewed periodically.
This Act extends to every external Territory.
The Regulatory Powers Act, as it applies in relation to this Act, extends to every external Territory.
This Act binds the Crown in each of its capacities.
This Act does not make the Crown liable to be:
prosecuted for an offence; or
subject to civil proceedings for a civil penalty order under Part 4 of the Regulatory Powers Act; or
given an infringement notice under Part 5 of the Regulatory Powers Act.
The protection in subsection (2) does not apply to an authority of the Crown.
In this Act:
Australia includes the external Territories.
CEO has the same meaning as in the National Environmental Protection Agency Act 2025.
This is a reference to the CEO of the National Environmental Protection Agency.
certified for the purposes of this Act means certified for the purposes of this Act in accordance with the rules.
civil penalty provision has the same meaning as in the Regulatory Powers Act.
Climate Change Conventions means:
the United Nations Framework Convention on Climate Change, done at New York on 9 May 1992; and
the Kyoto Protocol to the United Nations Framework Convention on Climate Change, done at Kyoto on 11 December 1997; and
the Paris Agreement, done at Paris on 12 December 2015;
as amended and in force for Australia from time to time.
The Convention, the Protocol and the Agreement are in Australian Treaty Series 1994 No. 2 ([1994] ATS 2), 2008 No. 2 ([2008] ATS 2) and 2016 No. 24 ([2016] ATS 24), respectively. In 2017 they could be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au)
emissions‑controlled product means a product that is prescribed by the rules for the purposes of section 9.
emissions standard means a standard dealing with matters relating to emissions from products.
engage in conduct includes omitting to perform an act.
evidential material has the same meaning as in the Regulatory Powers Act.
forfeiture notice has the meaning given by subsection 34(2).
inspector means a person appointed under section 41.
manufacture, for a product prescribed for the purposes of the definition of product, means produce by any method.
mark includes label.
person assisting an authorised person has the same meaning as in the Regulatory Powers Act.
product means a thing (including a substance or mixture of substances) that is:
manufactured; or
prescribed by the rules for the purposes of this definition.
regulatory authority includes a regulatory authority of, or located in, a foreign country.
Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.
reporting period, for an emissions‑controlled product, means a period prescribed by the rules.
rules means rules made under section 51.
Secretary means the Secretary of the Department.
supply, in relation to a product, has the meaning given by subsection (2).
this Act includes instruments made under this Act.
A supply of a product means a supply in the course of trading or commercial activities.
For the purposes of subsection (2), supply includes:
an offer to supply (including making available, exposing, displaying or advertising the product); and
a supply (including a resupply) by way of sale, exchange, gift, lease, loan, hire or hire‑purchase; and
a supply as part of the supply of another thing.
For the purposes of subsection (2), it is irrelevant whether the supply is:
for consideration; or
a wholesale or retail supply.
The rules may prescribe a product as an emissions‑controlled product.
The rules may provide for an emissions‑controlled product to be certified. A minimum requirement for certification is that the product meets an emissions standard.
The rules may exempt persons or products from the operation of the Act.
The rules may prescribe a product as an emissions‑controlled product.
The rules may provide for an emissions‑controlled product to be certified for the purposes of this Act.
Product must meet emissions standard
However, the rules must not provide for a product to be certified for the purposes of this Act unless:
the CEO is satisfied that the product complies with an emissions standard set out in the rules for the product; or
the product is certified:
by a regulatory authority specified in the rules for the product; and
as meeting an emissions standard specified in the rules for the product.
For regulatory authority, see section 7.
Other requirements
The rules may prescribe other requirements for, or in relation to, certifying a product for the purposes of this Act.
Without limiting subsection (3), the requirements may include requirements relating to the following:
applications for certification;
processes and criteria for certification, including testing;
processes for suspending or revoking certification;
the use of marks to indicate certification.
The rules may provide for charging fees and for review of decisions: see subsection 51(2).
The rules may provide for the exemption of:
a specified emissions‑controlled product from one or more provisions of this Act; or
a specified emissions‑controlled product or person from one or more provisions of this Act in the circumstances set out in the rules.
For specification by class, see subsection 13(3) of the Legislation Act 2003.
Without limiting paragraph (1)(b), the circumstances may include that a person has:
applied for and been granted an exemption; or
given the CEO specified notice or information; or
taken other action required by the rules.
The rules may provide processes for, and other requirements in relation to, obtaining, varying, suspending or revoking exemptions.
The rules may provide for charging fees: see subsection 51(2).
The rules may provide for the CEO to make decisions in relation to exemptions, including deciding whether to grant an exemption.
The rules may provide for review of decisions: see subsection 51(2).
Offences and civil penalties apply:
if an emissions‑controlled product is imported or supplied and the product is not certified, or marked as required; and
for marking a product that is not certified, and for marking a product incorrectly.
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