Product Emissions Standards (Consequential Provisions) Act 2017

Overview

The Product Emissions Standards (Consequential Provisions) Act 2017 was enacted by the Parliament of Australia to address consequential matters arising from the introduction of the Product Emissions Standards Act 2017. This Act ensures that the new emissions standards for products do not inadvertently lead to the forfeiture of goods under the Customs Act 1901 when these goods are imported or exported in contravention of the new emissions standards. The primary objective is to prevent the automatic forfeiture of goods, thereby providing a more measured and equitable response to breaches of the emissions standards. The Act was designed to commence simultaneously with the Product Emissions Standards Act 2017 on 15 September 2017, ensuring that any legal ambiguities or unintended consequences of the new emissions standards are promptly addressed. The Act amends the Customs Act 1901 to explicitly state that goods will not be forfeited to the Crown merely for being imported or exported in contravention of the Product Emissions Standards Act 2017, thereby aligning the enforcement mechanisms with the new legislative framework.

Scope and Application

The Product Emissions Standards (Consequential Provisions) Act 2017 applies to those entities and individuals who are subject to the Product Emissions Standards Act 2017, as it deals with consequential matters arising from that Act's enactment. This includes businesses, importers, and exporters whose products may be subject to emissions standards, as well as regulatory bodies responsible for enforcing these standards. The Act’s geographic reach is consistent with the broader application of the Product Emissions Standards Act 2017, likely extending across the Commonwealth of Australia. The Act modifies the Customs Act 1901 to ensure that goods are not automatically forfeited to the Crown merely for being imported or exported in contravention of the Product Emissions Standards Act 2017, thus providing a specific exemption in the context of customs procedures. The Act commences simultaneously with the Product Emissions Standards Act 2017, provided that the latter Act comes into force on 15 September 2017. Any subordinate instruments or regulations that further define or extend the application of this Act would need to be examined separately, though the Act itself does not explicitly mention any such extensions or restrictions.

Key Provisions

The Product Emissions Standards (Consequential Provisions) Act 2017 (C2017A00107) is a legislative instrument that addresses various consequential matters arising from the enactment of the Product Emissions Standards Act 2017. Its primary function is to ensure that the new emissions standards for products do not inadvertently lead to complications or unintended legal consequences. For example, section 2 of the Act specifies that its provisions will commence on the same date as the Product Emissions Standards Act 2017, provided that the latter Act actually comes into force (section 2(1)). If the Product Emissions Standards Act 2017 does not commence, the Product Emissions Standards (Consequential Provisions) Act 2017 will not commence at all, as stated in section 2(1). The Act amends the Customs Act 1901 to ensure that the importation or exportation of goods in contravention of the Product Emissions Standards Act 2017 does not automatically result in the forfeiture of those goods to the Crown (Schedule 1, item 1). This amendment is intended to provide a degree of flexibility in handling non-compliant products, allowing for other legal measures to be taken without immediately resorting to forfeiture. This change is detailed in the new subsection (4) added to section 229 of the Customs Act 1901. Entities and parties governed by these Acts must now comply with the new emissions standards and be aware of the specific provisions of the Product Emissions Standards (Consequential Provisions) Act 2017. For example, importers and exporters need to ensure their goods meet the new standards to avoid any legal repercussions. The Act imposes obligations on these parties to adhere to the Product Emissions Standards Act 2017, while also providing a fallback in the event of non-compliance, as outlined in the Customs Act 1901 amendments. Regarding penalties and consequences, while the Act itself does not specify penalties for non-compliance with the Product Emissions Standards Act 2017, it does modify the legal treatment of non-compliant goods under the Customs Act 1901. The primary change is the prevention of automatic forfeiture of goods in cases of contravention, thereby avoiding severe financial and legal repercussions for the involved parties. Instead, other legal avenues can be pursued to address the non-compliance, as long as they align with the overarching objectives of the Product Emissions Standards Act 2017.