2023
Why do we have these standards?
The emissions standards contribute to improving air quality in Australia and delivering associated health and environmental benefits.
The standards bring Australia into line with other countries such as the United States, Canada, Japan and member states of the European Union.
The standards ensure that only low-emitting outdoor power equipment and marine engines are available for purchase in Australia.
How is the Australian Government implementing the standards?
Importers, domestic manufacturers and suppliers have legal obligations under the emissions standards. The emissions standards establish a range of offences relating to the import, supply, labelling and record keeping of certain products:
- Products need to be certified to the Australian emissions standards in order to be legally imported and supplied in Australia
- Products need to be properly labelled in order to be legally imported and supplied in Australia.
When did the emissions standards commence?
- From 1 July 2018, products imported or domestically manufactured in Australia must be certified to the emission standards and correctly labelled.
- From 1 July 2020, products being supplied in Australia must be certified to the emission standards and correctly labelled.
What are the Product Emissions Standards?
The product emissions standards set limits on noxious emissions from certain products.
The products regulated under the emissions standards are petrol and gas powered outdoor power equipment and marine engines. Specifically these products include:
- new non-road spark-ignition engines with a maximum power of 19 kilowatts used in household and commercial operations.
- new non-road spark-ignition engines used to propel marine vessels.
These products are known as “emissions-controlled products”. The emissions standards do not apply to engines and equipment that people already own or to second-hand engines.
| Non-handheld | Handheld | Marine |
|---|---|---|
| Air compressor | Brick/concrete saw | Inboard engine |
| Brick elevator | Concrete vibrator/deaerator | Jet boat engine |
| Cherry picker/scissor lift | Engines for non-road equipment | Outboard engine |
| Concrete grinder | Garden edger | Personal watercraft |
| Concrete mixer | Hammer drill | Sterndrive engine |
| Firefighting/water pump | Hedge trimmer | Water scooter |
| Generator | Jackhammer | |
| Go kart | Leaf/vacuum blower | |
| Lawn aerator/corer | Posthole borer/auger | |
| Leaf/garden vacuum (walk behind) | Powered broom | |
| Log splitter | Trowel machine (concrete) | |
| Mini loader | Whipper snipper/line trimmer | |
| Mulcher/chipper | ||
| Pitch roller | ||
| Plate compactor | ||
| Pressure cleaner | ||
| Push mower | ||
| Ride-on mower | ||
| Rotary hoe | ||
| Slasher (ride on) | ||
| Snow blower | ||
| Stump grinder |
1. This list is not exhaustive and is for guidance only. It is the engine which is subject to the emissions standards, whether imported or supplied as an engine alone or in equipment.
What do retailers need to know?
If you supply emissions-controlled products, you have legal obligations. You must ensure that the products you supply are certified and correctly labelled.
What is certification?
Emissions-controlled products must be certified as meeting the emissions standards. This means that the engine has been tested and meets the required emissions limits. This can be achieved by either having certification from one of the recognised foreign standards, or obtaining Australian certification. The emission standards recognise standards issued by the following regulatory authorities:
- United States Environmental Protection Agency (EPA)
- California Air Resources Board
- A member state of the European Union
- Environment and Climate Change Canada.
If a product is not certified under one of the recognised foreign standards, an importer or domestic manufacturer can apply for an Australian certification. It is the responsibility of the importer or domestic manufacturer to have the engine tested in a manner consistent with United States EPA testing procedures, and supply evidence of the results. Applications for Australian certification should be made through the Department of Climate Change, Energy, the Environment and Water’s Online Services platform.
When an engine is certified to one of the above methods, a unique certification number is issued.
What are certification numbers?
Certification numbers apply to the engine in the product. The format differs depending on the regulatory authority that has issued the certificate and the type of product.
When a product is certified a certificate of conformity is issued, typically to the manufacturer, and this includes a unique certification number. Upon importing these products, an importer will need to quote this number in their import declaration.
Pictured are examples of what some of these might look like.
- US EPA (non-road): JHVXS.0945AD
- US EPA (marine): HBCXM0158226
- EURO stage V (non-road): e14*2016/1628*2016/1628SHB3/P*0078*0
- EU marine numbers have no standardised format.
These certification numbers must also be on the engine’s emissions label.
What is an emissions label?
An emissions label is fixed to the engine (by the manufacturer) and provides important information about the engine family, the power category, the model year and the date of manufacture. Most importantly, the label shows what standard the product meets by including the certification number.
Importers need to ensure that products include the correct label before they import a product. Retailers are also liable under the legislation, so it is important to confirm with your supplier that the products you intend to supply are labelled in accordance with the Product Emissions Standards Rules.
Are there circumstances where you can import or supply an uncertified product?
Under limited circumstances, an importer can apply for an exemption to allow an uncertified product to be
imported or supplied in Australia.
There are six situations in which someone can apply for an exemption:
- Re-export and will not be used in Australia
- Testing, evaluating and display
- National Security
- Emergency Services
- Organised Competition
- Replacement Engine
What are your legal obligations?
As a retailer, you have legal obligations under the Product Emissions Standards Act 2017 (the Act) and the Product Emissions Standards Rules 2017. As of 1 July 2020, you need to ensure that the products you supply are certified and have the relevant emissions label.
The products you receive from your importer should already have met the import requirements by being certified and correctly labelled.
From 1 July 2020, as a retailer, doing any of these things is an offence under the product emissions standards:
- selling or otherwise supplying products that are not certified.
- selling or otherwise supplying a product that is not labelled or is labelled incorrectly.
- not keeping the required records. These will generally align with the records you keep for tax and/or product warranty purposes. You will also need the certification information of the products you supply, which you can request from your importer.
The types of penalties that could apply if you do not comply with the emissions standards include infringement notices (fines), injunctions, and forfeiture of products.
'Supply’ means:
- an offer to supply (including making available, displaying or advertising the product)
- a supply (including a resupply) by way of sale, exchange, gift, lease, loan, hire or hire-purchase
- a supply as part of the supply of another product. For example, you cannot give away an uncertified engine as part of a deal or special offer when selling another product.
For more information on how the Product Emissions Standards may apply to you, visit Product Emissions Standards email us at productemissions.environment@dcceew.gov.au or call on 1800 920 528.