Product Emissions Standards Amendment (Supply Date) Rules 2019

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2019L00432 Rules Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Product Emissions Standards Act 2017

 

Product Emissions Standards Amendment (Supply Date) Rules 2019

 

(Issued by authority of the Minister for the Environment)

 

The Product Emissions Standards Act 2017 (the PES Act) establishes a national framework to address the adverse impacts of air pollution from certain products on human and environmental health. The Product Emissions Standards Rules 2017 (the PES Rules) prescribe certain propulsion marine engines and non-road engines as ‘emissions-controlled products’ which must be certified as meeting the Australian emissions standard, or a recognised foreign standard, in order to be imported or supplied in Australia.

 

Under the transitional provisions in Part 11 of the PES Rules, the offences relating to importing an emissions-controlled product (or first supplying a product manufactured in Australia) commenced on 1 July 2018. The offences relating to supplying an emissions-controlled product (other than the first supply after manufacture of a product manufactured in Australia) were due to commence on 1 July 2019. The staged commencement of the import and supply offences was intended to provide sufficient time for suppliers and retailers to sell uncertified stock that was imported prior to the commencement of the import offence.

 

The purpose of the Product Emissions Standards Amendment (Supply Date) Rules 2019 (the Rule Amendments) is to delay the commencement of the offences relating to supply for

12 months until 1 July 2020.

 

The delay is being introduced because of the effect of the drought across large areas of Australia and the resulting widespread reduction in the volume of sales of emissions-controlled products over 2018 and 2019. The delay will allow an additional 12 months for suppliers and retailers to sell uncertified stock that was imported before the commencement of the import offence.

 

The Department of the Environment and Energy (the Department) consulted broadly with industry who are supportive of a delay to the commencement of supply offence.

 

Details of the Rule Amendments are set out in the Attachment.

 

The Rule Amendments are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

The whole of this instrument commences the day after the instrument is registered.

Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny Act) 2011

 

Product Emissions Standards Amendment (Supply Date) Rules 2019

 

The Product Emissions Standards Amendment (Supply Date) Rules 2019 are compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Product Emissions Standards Amendment (Supply Date) Rules 2019

 

The Product Emissions Standards Act 2017 (the PES Act) establishes a national framework to address the adverse impacts of air pollution from certain products on human and environmental health. The Product Emissions Standards Rules 2017 (the PES Rules) prescribe certain propulsion marine engines and non-road engines as ‘emissions-controlled products’ which must be certified as meeting the Australian emissions standard, or a recognised foreign standard, in order to be imported or supplied in Australia.

 

The offences relating to importing emissions-controlled products commenced on 1 July 2018 and the offences relating to supplying emissions-controlled products (other than the first supply after manufacture of a product manufactured in Australia) were due to commence on
1 July 2019. The staged commencement of the import and supply offences was intended to provide sufficient time for suppliers and retailers to sell uncertified stock that was imported prior to the commencement of the import offence.

 

The Product Emissions Standards Amendment (Supply Date) Rules 2019 (the Rule Amendments) amends the PES Rules to delay the commencement of the offences relating to supply for 12 months until 1 July 2020.

 

Human rights implications

 

The Rule Amendments do not engage with any of the applicable rights or freedoms. The human rights implications associated with the PES Rules and PES Act were considered and outlined in the relevant Statement of Compatibility with Human Rights included with both the Explanatory Memorandum for the PES Act and the Explanatory Statement for the PES Rules. The measures affect the transitional provisions of the PES Rules but do not change the operation of the PES Act or PES Rules in a way which would affect the previous analysis of human rights implications.

 

Conclusion

 

The Rule Amendments are compatible with human rights as they do not raise any human rights issues.

 

 

The Hon Melissa Price MP, Minister for the Environment

 

 

 

 

 

 

 

ATTACHMENT

 

Details of the Product Emissions Standards Amendment (Supply Date) Rules 2019

 

Section 1 – Name

 

  1. This section provides that the title of the Rules is the Product Emissions Standards Amendments (Supply Date) Rules 2019 (the Rule Amendments).

 

Section 2 – Commencement

 

2.      The table in this section provides for the commencement of the Rule Amendments.

 

3.      The whole instrument commences the day after the instrument is registered.

 

Section 3 – Authority

 

4.      This section provides that the Rule Amendments are made under the Product Emissions Standards Act 2017 (the PES Act).

 

Section 4 – Schedules

 

5.      This section provides that each instrument specified in a Schedule to the Rule Amendments is amended or repealed as set out in the applicable terms in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

 

Schedule 1 – Amendments

 

6.      Schedule 1 sets out the amendments to the Product Emissions Standards Rules 2017 (the PES Rules).

 

7.      Item 1 omits “2019” and substitutes “2020” in paragraph 30(6)(b). Paragraph 30(6) defines the term ‘uncertified, unserviceable engine’ for the purposes of the exemption category in subsection 30(1)(f). The amendment to this paragraph will have the effect that the relevant exemption category will not apply until the supply offence commences.

 

8.      Item 2 omits “2019” and substitutes “2020” in Section 51 (table item 3, column 2). Section 51 of the PES Rules sets out when the import and supply offences commence for emissions-controlled products. The amendment made by item 2 will mean that supplying a propulsion marine engine or a non-road engine that is not Australian or foreign certified will be an offence on or after 1 July 2020 (except where it is the first supply of an uncertified product manufactured in Australia, which became an offence on 1 July 2018).

 

9.      Item 3 omits “2019” and substitutes “2020” in Paragraphs 53(b) and (c). This amendment will have the effect that a person who supplies an emissions-controlled product prior to the supply offence commencing on 1 July 2020 will not need to meet the record keeping requirements in section 40 of the PES Rules.

 

 

 

 

 

Overview

The Product Emissions Standards Act 2017 (PES Act) was enacted to create a national framework for addressing the adverse impacts of air pollution from specific products on human and environmental health. The Act, passed by the Australian Parliament, aims to regulate the importation and supply of 'emissions-controlled products', such as propulsion marine engines and non-road engines, ensuring they meet Australian or recognised foreign emissions standards. The Product Emissions Standards Rules 2017 (PES Rules) further detail these requirements. To allow adequate time for suppliers and retailers to liquidate uncertified stock, the import offence under the Act commenced on 1 July 2018, while the supply offence was scheduled to start on 1 July 2019. However, the Product Emissions Standards Amendment (Supply Date) Rules 2019 were introduced to delay the supply offence by 12 months, until 1 July 2020, due to the drought conditions across Australia that significantly reduced the sales volume of these products. This delay aims to provide additional time for the industry to comply with the regulations.

Scope and Application

The Product Emissions Standards Act 2017 (PES Act) establishes a national framework to address the adverse impacts of air pollution from certain products on human and environmental health, specifically targeting propulsion marine engines and non-road engines. These products must be certified as meeting the Australian emissions standard, or a recognised foreign standard, to be imported or supplied in Australia, according to the Product Emissions Standards Rules 2017 (PES Rules). The PES Act and PES Rules apply nationally across Australia, affecting the conduct and transactions of entities involved in the import and supply of these emissions-controlled products. The Product Emissions Standards Amendment (Supply Date) Rules 2019, issued under the authority of the Minister for the Environment, delay the commencement of the supply offences outlined in the PES Rules for 12 months until 1 July 2020. This delay, introduced due to the drought and reduced sales of these products, provides additional time for suppliers and retailers to sell uncertified stock imported before the initial commencement of the import offence on 1 July 2018. The Rule Amendments do not introduce any new exclusions, exemptions, or thresholds but modify the commencement date of certain supply offences within the PES Rules. The compatibility of these amendments with human rights has been affirmed, as they do not alter the operation of the PES Act or PES Rules in a manner that would affect the previously assessed human rights implications.

Key Provisions

The Product Emissions Standards Amendment (Supply Date) Rules 2019 (Rule Amendments) alter the commencement dates of certain offences under the Product Emissions Standards Rules 2017 (PES Rules). Section 2 of the Rule Amendments indicates that the changes come into effect the day after the Rules are registered. The authority to make these amendments is provided under the Product Emissions Standards Act 2017 (PES Act) as stated in Section 3. The Rule Amendments primarily modify the PES Rules through Schedule 1, which includes specific changes to the commencement dates of certain provisions. For instance, Item 1 amends paragraph 30(6)(b) to change the year from 2019 to 2020, affecting the exemption category for uncertified, unserviceable engines. Similarly, Item 2 updates Section 51 to shift the commencement date of the supply offence for emissions-controlled products from 1 July 2019 to 1 July 2020, except for the first supply of an uncertified product manufactured in Australia, which became an offence on 1 July 2018. Item 3 further modifies paragraphs 53(b) and (c) to ensure that record-keeping requirements under section 40 of the PES Rules do not apply to supplies made before 1 July 2020. The Rule Amendments impose specific obligations on parties involved in the supply and importation of emissions-controlled products. Suppliers and retailers must ensure that any propulsion marine engines or non-road engines supplied after 1 July 2020 meet the Australian emissions standard or a recognised foreign standard. This requirement ensures that these products do not adversely impact human and environmental health. The amendments also mandate that suppliers and retailers maintain appropriate records concerning the certification status of the products they supply. These obligations are essential to comply with the PES Act and PES Rules, ensuring that only certified products are supplied within Australia. Failure to comply with the amended commencement dates and other requirements under the Rule Amendments may result in civil or criminal penalties. Supplying an emissions-controlled product that is not certified after 1 July 2020 could be considered an offence. Although the specific penalties are not detailed in the Rule Amendments, the PES Act and PES Rules may provide for fines or other sanctions for non-compliance. Ensuring that products meet the required standards and maintaining proper records are critical to avoid these potential consequences. The delay in the commencement date aims to give suppliers and retailers adequate time to adjust to the new requirements, thereby reducing the risk of inadvertent non-compliance.

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Environmental Law
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Commencement Provisions
Transitional Provisions
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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.