The Product Emissions Standards Act 2017 establishes an Australian framework for regulating emissions from prescribed products. Its objects are to improve air quality and deliver associated health and environmental benefits, while assisting Australia to fulfil obligations under the United Nations Framework Convention on Climate Change, the Kyoto Protocol and the Paris Agreement. Products designated by rules as emissions-controlled products may be certified only if they comply with applicable emissions standards or hold recognised certification from a specified regulatory authority. The Act prohibits the importation or supply of uncertified emissions-controlled products and products that do not carry required markings. It also prohibits false or incorrect certification markings. Contraventions may constitute strict liability offences and attract civil penalties. Importers and suppliers may be required to maintain records, provide information to the Chief Executive Officer of the National Environmental Protection Agency, and report on the supply of emissions-controlled products manufactured in Australia. Rules may establish certification processes, testing requirements, exemptions, fees and mechanisms for reviewing decisions. Compliance is supported by monitoring, investigation, inspection, infringement notices, enforceable undertakings, injunctions and compliance audits under the federal regulatory powers framework. Products connected with contraventions may be seized and forfeited to the Commonwealth, subject to procedures for seeking their return or compensation in specified circumstances. The Act authorises publication of information concerning certifications and exemptions, regulates information disclosure, provides for the appointment of inspectors and ministerial delegation, and requires periodic reviews of its operation, with review reports to be tabled in Parliament.
أستراليا · 2017-09-14