Commonwealth Consolidated Acts

PRODUCT EMISSIONS STANDARDS ACT 2017 - SECT 17

  (1)   A person contravenes this subsection if:

  (a)   the person applies a mark to a product; and

  (b)   the produc t is to be imported into, or supplied in, Australia ; and

  (c )   the product is an emissions - controlled product; and

  (d )   the rules require the product to be marked if the product is certified for the purposes of this Act ; and

  ( e )   the mark indicates that the product is so certified; and

  (f )   the product is not so certified.

  (2)   For the purposes of paragraph   ( 1)(f ), a product is taken to be not certified if the certification of the product is suspended.

Strict liability offence

  ( 3 )   A person commits an offence of strict liability if the person contravenes subsection   ( 1).

Penalty:   60 penalty units.

Civil penalty provision

  ( 4 )   A person is liable to a civil penalty if the person contravenes subsection   ( 1).

Civil penalty:   120 penalty units.