Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 104, 2017
Compilation No. 1
Compilation date: 1 September 2021
Includes amendments up to: Act No. 13, 2021
Registered: 10 November 2021
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 September 2021 (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. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
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.
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. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 Secretary 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
28 Enforceable undertakings
29 Injunctions
Part 6--Forfeiture of emissions-controlled products
Division 1--Simplified outline of this Part
30 Simplified outline of this Part
Division 2--Forfeiture following conviction or making of civil penalty order
31 Product forfeited to Commonwealth
32 Power to seize forfeited product
33 Person must not interfere with seized product
Division 3--Forfeiture of seized products
34 Forfeiture notices
35 Claims for return of seized product
36 Forfeiture of seized product to the Commonwealth
37 Right of compensation in certain circumstances
Division 4--General provisions
38 Forfeited products become property of Commonwealth
39 Disposal of forfeited products
Part 7--Miscellaneous
40 Simplified outline of this Part
41 Inspectors
42 Publication of information relating to certifications and exemptions
43 Disclosure of information
44 Compliance audits
45 Delegation by the Minister
46 Delegation by the Secretary
47 Review of operation of Act
48 Physical elements of offences
49 Contravening offence and civil penalty provisions
50 Alternative constitutional bases
51 Rules
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
104, 2017 | 14 Sept 2017 | 15 Sept 2017 (s 2(1) item 1) |
| |
13, 2021 | 1 Mar 2021 | Sch 2 (items 705, 706): 1 Sept 2021 (s 2(1) item 5) | -- |
Provision affected | How affected |
Part 5 |
|
s 24.................... | am No 13, 2021 |
s 25.................... | am No 13, 2021 |
s 26.................... | am No 13, 2021 |
s 28.................... | am No 13, 2021 |
s 29.................... | am No 13, 2021 |
Part 6 |
|
Division 3 |
|
s 35.................... | am No 13, 2021 |
s 37.................... | am No 13, 2021 |