From 1 July 2020, Euro Stage II certified products can no longer be imported into Australia under the transitional arrangements that commenced on 1 July 2018. For further information, refer to product emissions standards frequently asked questions.
The Product Emissions Standards set emissions limits for new, non-road spark ignition engines. These are used in outdoor power equipment and marine vessels.
You need to ensure products meet the standards if you are:
- an importer or domestic manufacturer
- supplying (including advertising) these products to Australian consumers
There are also labelling, record-keeping and reporting requirements. We administer the standards. This includes compliance, enforcement and education activities.
Approach to compliance
Our Compliance Policy applies a risk-based approach. We monitor imports, domestic manufacture and supply activities to ensure compliance with the Product Emissions Standards Act 2017 and Product Emissions Standards Rules 2017.
We respond on a case-by-case basis. Responses are proportionate to risk and severity of the breach and the attitude of regulated entities. All suspected non-compliance is confidential during investigations.
Infographic: Regulatory responses aim to promote full voluntary compliance
Text version of infographic
The responsive regulation compliance pyramid describes the regulatory responses used by the department to promote full voluntary or assisted compliance. At the top of the pyramid is ‘Criminal Prosecution’ and at the bottom ‘Education and Support’.
Criminal Prosecution:
- This regulatory response applies when the attitude to compliance is ‘seriously disengaged’.
Civil penalty:
- This regulatory response applies when the attitude to compliance is ‘seriously disengaged’.
Regulatory response:
- This regulatory response applies when a high-level response is required, where the attitude to compliance is ‘able but not willing’
- Regulatory responses include enforceable undertakings, injunctions and forfeiture of goods.
Administrative sanction:
- This regulatory response applies when an escalated or high-level response is required, where the attitude to compliance is ‘able but not willing’ or ‘willing but not always able’
- Administrative sanctions include infringement notices, certificate or exemption suspension and certificate or exemption cancellation.
Escalated response:
- This regulatory response applies when an escalated response is required, where the attitude to compliance is ‘willing but not always able’
- Escalated responses include: intelligence collection and analysis; late payment interest or penalties; seizure of product; referral to other agencies (e.g. the Department of Home Affairs, Australian Taxation Office); warning letters; referral to the Environment Compliance Branch.
Monitoring:
- This regulatory response applies to assist with compliance and increase awareness, where the attitude to compliance is ‘willing and able’
- Monitoring responses include: education letters; monitoring site visits; early notification letters; advisory letters; data collection and analysis; reporting and evaluation; and risk-based intelligence-led assessment of applications.
Education and support:
- This regulatory response applies to encourage compliance, where the attitude to compliance is ‘fully compliant’
- Education and support includes outreach, stakeholder engagement, training, support, industry events and communication education visits.
Responses to non-compliance include:
- warning letters
- reporting to other government agencies
- infringement notices (fines)
- enforceable undertakings
- injunctions
- seizure of products
- civil penalties
- criminal prosecution
Compliance priorities
Our compliance priorities help ensure that emissions in the air are reduced, which helps to protect human health and the environment.
Our compliance focus is to communicate and educate. We do this by building partnerships and actively monitoring the market for non-compliance. We investigate and enforce when needed.
We ensure compliance with the Product Emissions Standards Act 2017 through activities such as:
- analysing import data from the Integrated Cargo System
- managing the phase out of European Stage II certified products
- monitoring suppliers to ensure compliance with the supply requirements
- raising awareness of the standards through industry engagement
- helping industry understand and meet their obligations, including by responding promptly to enquiries
- managing complaints and tip-offs about suspected non-compliance
- assessing potential non-compliance and undertake escalated action in accordance with the department’s Compliance Policy.
Tip-offs
To report a suspected breach, email us at ProductEmissions.environment@dcceew.gov.au or by phoning 1800 920 528.