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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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