All products imported, manufactured or supplied in Australia must meet the emissions standards specified in the Product Emissions Standards Act 2017 (the Act) and the Product Emissions Standards Rules 2017 (the Rules).
The Product Emissions Standards set limits on harmful emissions from emissions-controlled products (ECPs). ECPs are:
- new, complete spark-ignition non-road engines with a maximum power of 19 kilowatts or less
- new, complete spark-ignition propulsion marine engines of any power capacity.
The emissions standards are met through certification and product labelling. A person who imports, manufactures or supplies an ECP that is not certified commits an offence under the Act. Offences also apply to false or misleading claims that a product is certified. If you import, manufacture, or supply an ECP, there are record keeping requirements as detailed in the Rules. You can apply for an exemption from the Act and its emissions standards in specific circumstances.
See Product Emissions Standards Exemptions
Our approach to compliance
We support the regulated community to understand their obligations under the legislation. Our focus is on making compliance clear and achievable, so that importers, manufacturers and suppliers can meet their responsibilities with confidence.
Our response to non-compliance is proportionate to the risk, volume, severity of the breach and the attitude of regulated entities.
Offences and penalties under the Act
| Section | Offence | Strict Liability (Max penalty units) |
Civil Penalty (Max penalty units) |
Approximate Maximum Fine ($AUD) |
|---|---|---|---|---|
| 13 | Importing an ECP that is not certified | 60 | 120 |
$39,600 |
| 14 | importing a certified ECP that is not marked in the way required by the rules | 60 | 120 |
$39,600 |
| 15 | Supplying an ECP and the product is not certified or the certification is suspended | 60 | 120 |
$39,600 |
| 16 | Supplying a certified ECP that is not marked in a way require by the rules | 60 | 120 |
$39,600 |
| 17 | Apply a mark to an uncertified ECP imported or supplied in Australia, and the mark indicates that the product is certified | 60 | 120 |
$39,600 |
| 18 | Apply a mark to an ECP imported or supplied in Australia and the product is certified but the mark is not in accordance with the requirements of the Rules | 60 | 120 |
$39,600 |
| 20 | Not keeping a record of the importation or supply of ECPs | 40 | 80 |
$26,400 |
| 21 | If directed by the secretary to supply record of import or supply and fail to do so | 40 | 80 |
$26,400 |
| 22 | Not reporting on supply of ECPs manufactured in Australia within 60 days after the end of the reporting period | 60 | 120 |
$39,600 |
| Section | Offence | Penalty |
|---|---|---|
| 33 | Interfering with seized ECPs | Imprisonment for 6 months |
| 33 | It is an offence to not take reasonable precautions to prevent a seized ECP being interfered with by others except in accordance with a direction given by the Minister | Imprisonment for 6 months |
The value of a penalty unit is prescribed by the Crimes Act 1914. For offences committed from 7 November 2024, the value of the Commonwealth penalty unit is A$330.
Contact us
For more information on how the product emissions standards may apply:
- email ProductEmissions.environment@dcceew.gov.au
- phone 1800 976 422