Definitions
7 Definitions
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.
This Act’s bill:Explanatory memorandumSecond reading speech
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