Product Emissions Standards Act 2017

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au C2017A00104 In force Act

Legislation content

Product Emissions Standards Act 2017

No. 104, 2017

Compilation No. 2

Compilation date: 1 July 2026

Includes amendments: Act No. 68, 2025

About this compilation

This compilation

This is a compilation of the Product Emissions Standards Act 2017 that shows the text of the law as amended and in force on 1 July 2026 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Presentational changes

The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

Part 1—Preliminary

1 Short title

2 Commencement

3 Objects of this Act

4 Simplified outline of this Act

5 Extension to external Territories

6 Act binds the Crown

7 Definitions

Part 2—Emissions‑controlled products

8 Simplified outline of this Part

9 Emissions‑controlled products

10 Certification

11 Exemptions

Part 3—Enforcing product emissions standards

Division 1—Simplified outline of this Part

12 Simplified outline of this Part

Division 2—Importing emissions‑controlled products

13 Import of product that is not certified

14 Import of product that is not marked as required

Division 3—Supplying emissions‑controlled products

15 Supply of product that is not certified

16 Supply of product that is not marked as required

Division 4—Marking emissions‑controlled products

17 Marking product that is not certified

18 Incorrect marking of product

Part 4—Record keeping

19 Simplified outline of this Part

20 Rules may provide record‑keeping requirements

21 CEO may require recorded information

22 Reporting on supply of products manufactured in Australia

Part 5—Regulatory powers

23 Simplified outline of this Part

24 Monitoring powers

25 Investigation powers

26 Civil penalty provisions

27 Infringement notices

Overview

The Product Emissions Standards Act 2017, enacted on 15 September 2017, was introduced to regulate emissions from specific products by establishing emissions standards. The Act was passed by the Australian Parliament and its primary objectives are to improve air quality in Australia and to help Australia meet its obligations under international climate change conventions. The Act establishes a framework for regulating emissions from products by defining emissions-controlled products, setting criteria for their certification, and imposing penalties for non-compliance with the standards and requirements set out in the Act. It also includes provisions for record-keeping, regulatory powers, and the forfeiture of products that do not comply with the Act. The operation of the Act is subject to periodic review.

Scope and Application

The Product Emissions Standards Act 2017 applies to products that are prescribed as emissions-controlled products, which can include any manufactured goods or substances. The Act governs the certification of these products, ensuring that they meet specified emissions standards, and regulates their import, supply, and marking within Australia. This legislation also provides for the forfeiture of products that contravene the Act, such as those that are not certified or are incorrectly marked. The Act extends to all of Australia, including its external territories, and binds the Crown in all its capacities. However, it does not render the Crown liable for certain legal actions such as prosecution for offences or civil penalty orders. The Act includes provisions for exemptions from certain requirements, which can be granted by the CEO of the National Environmental Protection Agency. It also incorporates regulatory powers from the Regulatory Powers Act 2014 to assist in enforcement, including monitoring, investigation, and the use of infringement notices, enforceable undertakings, and injunctions. The Act includes provisions for record-keeping requirements, the appointment of inspectors, and the publication of information relating to certifications and exemptions. It also mandates periodic reviews of its operation and allows for the making of rules to prescribe matters necessary for the implementation of the Act.

Key Provisions

  • The Product Emissions Standards Act 2017 establishes a framework for regulating emissions from certain products. It applies to emissions-controlled products, which are products prescribed by the rules made under section 9. To be certified as compliant, an emissions-controlled product must meet an emissions standard set out in the rules. The Act provides for exemptions from the operation of the Act under certain circumstances, also prescribed by the rules. The Act mandates that emissions-controlled products must be certified and marked as required, and prohibits the import or supply of uncertified or incorrectly marked products. Importers and suppliers of emissions-controlled products are required to keep records and may be required to report on the supply of products manufactured in Australia. The Act imposes civil and criminal penalties for breaches, including offences of strict liability for the import, supply, or marking of uncertified products, and for incorrect marking of certified products. The Act also allows for the forfeiture of emissions-controlled products that are subject to a contravention. The Act applies the Regulatory Powers Act to the product emissions standards framework, granting monitoring, investigation, and other regulatory powers to inspectors.
  • The Act imposes several obligations on the parties or entities it governs. Importers and suppliers of emissions-controlled products must ensure that their products are certified and marked as required, and that they keep records and report as necessary. The Chief Executive Officer (CEO) of the National Environmental Protection Agency is responsible for overseeing the certification process and may publish information about certified products and exemptions. Inspectors appointed under the Act are empowered to exercise various regulatory functions, such as monitoring compliance, investigating potential breaches, and seizing products that are subject to forfeiture.
  • Breaches of the Act can result in both civil and criminal consequences. Civil penalties include pecuniary penalties for contraventions of civil penalty provisions, enforceable through orders by relevant courts. Criminal offences include importing or supplying uncertified or incorrectly marked emissions-controlled products, with penalties of up to 60 penalty units for strict liability offences and 120 penalty units for other offences. Additionally, failure to comply with record-keeping or reporting requirements carries a penalty of 40 penalty units for strict liability offences and 80 penalty units for other offences. Products that are forfeited under the Act become the property of the Commonwealth and must be disposed of in accordance with the CEO's directions, with a prohibition on selling forfeited products.

Legal classification tags

Area of Law
Environmental Law
Commercial Law
Instrument
Act
Concepts
Commencement Provisions
Civil Penalty Provisions
Licensing & Registration
Reporting & Disclosure Obligations
Enforcement Powers
Prohibited Conduct
Regulatory Standards
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.