G/TBT/N/AUS/107  
 
9 January 2018  
(18-0193) Page: 1/2 
Committee on Technical Barriers to Trade  Original: English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member: AUSTRALIA   
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible: Australian Government Department of the Environment and Energy  
Name and address (including telephone and fax numbers, email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
Australian Government Department of Foreign Affairs and Trade  
Address: R.G. Casey Building, John McEwen Crescent, Barton ACT 0221 Australia  
Telephone: +61 2 6261 1111  
Fax: +61 2 6261 3 111 
Email: tbt.enquiry@dfat.gov.au  
Website: http://dfat.gov.au/  
3. Notified under Article 2.9.2 [ X], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other:  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable): – Outboard 
motors (HS 840721) – Of a cylinder capacity not exceeding 50 cc (HS 840731) – Of a 
cylinder capacity exceeding 50 cc but not exceeding 250 cc (HS 840732) – Of a cylinder 
capacity exceeding 250 cc but not exceeding 1,000 cc (HS 840733) – Motorboats, other 
than outboard motorboats (HS 890392).  
5. Title, number of pages and language( s) of the notified document:  
Product Emissions Standards Act 2017; 40 pages; English.  
Product Emissions Standards Rules 2017; 35 pages; English.    
6. Description of content: Product Emissions Standards Act 2017 ('the Act'):  
This Act creates a framework for regulating emissions from products.  
The Act provides for an emissions -controlled product to be certified. To be certified, the 
product must meet an emissions standard.  
A person who imports or supplies an emissions -controlled product that is not certifi ed will 
commit an offence. There are also offences related to false or incorrect marking of 
products as certified. Civil penalties are included as alternatives to offences.  
Products dealt with in breach of the Act are forfeited to the Commonwealth.  
The rul es may exempt persons or products from the operation of the Act.  
Record -keeping requirements and regulatory powers (mostly drawn from the Regulatory 
Powers Act) are included to assist in enforcing the Act.  
Product Emissions Standards Rules 2017 ('the Rules '): G/TBT/N/AUS/107  
 
- 2 - 
 
  This instrument specifies which products are emissions -controlled products. Most of the 
requirements of the Act, and liability for customs charge and excise charge, apply in 
relation to emissions -controlled products.  
Under the Act, emissions -controlled  products must not be imported into, or supplied in, 
Australia unless they are certified. Part 4 of this instrument provides that a product is 
certified for the purposes of the Act if the product is:  
(a) certified under Division 2 of that Part as meeting t he Australian emissions standard for 
the product set out in Part 3; or  
(b) certified by a foreign regulatory authority as meeting the requirements of one of the 
foreign emissions standards specified in Division 3 of Part 4.  
Under Part 5, exemptions may be granted from the requirements of the Act in certain 
circumstances. Exemptions can be subject to conditions.  
7. Objective and rationale, including the nature of urgent problems where 
applicable: Contribute to improving air quality in Australia in order to deliver associated 
health and environmental benefits; assist in giving effect to Australia's obligations under 
one or more of the Climate Change Conventions.  
8. Relevant documents:  - 
9. Proposed date of adoption: 1 July 2018  
Proposed date of entry into f orce: 1 July 2018 . The prohibition on imports, specified by 
the Act and the Rules, will commence on 1 July 2018.  
10. Final date for comments: 9 March 2018  
11. Texts available from: National enquiry point [  ] or address, telephone and fax 
numbers and email and website addresses, if available, of other body:   
Amendment to the Product Emissions Standards Act 2017  
Product Emissions Standards Act 2017, available: 
https://www.legislation.gov.au/Details/C2017A00104   
Product Emissions Standards Rules 2017, available: 
https://www.legislation.gov.au/Details/F2018L0 0021