Product Emissions Standards exemptions

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Under the Product Emissions Standards Act 2017 (the Act), you may apply for exemptions to import or supply emissions-controlled products into Australia. The Product Emissions Standards Rules 2017 (the Rules) details the exemption categories.

Exemptions provide flexibility when strict compliance with emissions standards would be:

  • impractical
  • unreasonable
  • contrary to the public interest.

It ensures the regulatory framework remains practical and adaptable, while delivering on health and environmental benefits.

The approved exemption categories under the Rules are:

Paragraph Exemption category (Rules reference) Description
30(1)(a) Export Products will be exported from Australia but not used in Australia.
30(1)(b) Testing, evaluation and display Products will be tested, evaluated, displayed, advertised, offered for supply or pre-ordered but not used or supplied in Australia before the products are certified.
30(1)(c) National Security Products will be used by the Australian Defence Force, law enforcement or security agency for national security purposes.
30(1)(d) Emergency Services Products will be used by an emergency services organisation for rescue or emergency services purposes.
30(1)(e) Organised Competition Products will be used only in organised competition.
30(1)(f) Replacement engines Replacement engines for uncertified, unserviceable engines.

To learn more, read Guide to exemptions.

Applying for an exemption

Applications should be made through our portal and the application fee paid at the time of lodgement. All applicants will need to register to use the portal.

Contact us

Email: PES@nationalepa.gov.au 

Phone: 1800 920 528

Product Emissions Standards Exemption Notices

In accordance with Section 32 of the Rules the following exemptions have been approved.

Approved exemptions
Exemption number Organisation Product type Exemption category Commencement date Expiry date Download
ECP-26-0054E STIHL Pty Ltd Non road engines Export 27 July 2026 31 August 2028 ECP-26-0054E (PDF 472 KB)
ECP-26-0054E (DOCX 74 KB)
ECP-26-0058E Power Equipment Pty Ltd Propulsion Marine Engines Export 16 July 2026 20 July 2028 ECP-26-0058E (PDF 327 KB)
ECP-26-0058E (DOCX 81 KB)
ECP-26-0052E Power Equipment Pty Ltd Propulsion Marine Engines Emergency Services 21 July 2026 31 July 2028 ECP-26-0052E (PDF 307 KB)
ECP-26-0052E (DOCX 90 KB)