Product Emissions Standards Act 2017

The Minister may, by legislative instrument, make rules prescribing matters:

required or permitted by this Act to be prescribed by the rules; or

necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Without limiting subsection (1), the rules may provide for:

charging fees for services provided in the performance of functions under this Act; and

the review of decisions made under this Act.

Rules setting out an emissions standard for the purposes of paragraph 10(2)(a) may apply, adopt or incorporate any matter contained in an instrument or other writing as in force or existing from time to time if the instrument or writing is produced by one or more of the following:

the International Electrotechnical Commission;

the International Organization for Standardization;

the United Nations Economic Commission for Europe;

any other organisation prescribed by the rules.

Rules specifying an emissions standard for the purposes of subparagraph 10(2)(b)(ii) may specify a standard as in force or existing from time to time.

To avoid doubt, the rules may not do the following:

create an offence or civil penalty;

provide powers of:

arrest or detention; or

entry, search or seizure;

impose a tax;

set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

directly amend the text of this Act.

Before making rules for the purposes of paragraph 43(1)(b), the Minister must consult the Information Commissioner in relation to matters that relate to the privacy functions (within the meaning of the Australian Information Commissioner Act 2010) and have regard to any submissions made by the Information Commissioner because of that consultation.

The rules may provide for the collection and recovery of charges imposed by the Product Emissions Standards (Customs) Charges Act 2017 and the Product Emissions Standards (Excise) Charges Act 2017.