Explanatory Memorandum
(Circulated by the authority of the Minister for the Environment and Energy, the Hon Josh Frydenberg MP)PRODUCT EMISSIONS STANDARDS (CONSEQUENTIAL PROVISIONS) BILL 2017
NOTES ON INDIVIDUAL CLAUSES
Clause 1 - Short title
1. This clause provides the short title by which the Act may be cited is the Product Emissions Standards (Consequential Provisions) Act 2017.
Clause 2 - Commencement
2. This clause provides that the whole of the Consequential Provisions Act will commence at the same time as the Bill commences. However, if the Bill does not commence, the provisions of the Consequential Provisions Act will also not commence.
Clause 3 - Schedules
3. This clause provides that the amendments set out in the schedules to the Act have effect according to the terms of the schedules.
Schedule 1 - Amendments
Customs Act 1901
Item 1 - At the end of section 229
4. Section 229 of the Customs Act describes the types of goods that are forfeited to the Crown under that Act. Item 1 would amend section 229 of the Customs Act to clarify that goods are not forfeited to the Crown merely because they are imported or exported in contravention of the Product Emissions Standards Act 2017. Instead, Part 6 (Forfeiture of emissions-controlled products) of the Bill establishes a process by which emissions-controlled products may be forfeited to the Commonwealth through either of the following processes:
- (a)
- Automatic forfeiture - where an emissions-controlled product is automatically forfeited when a person is convicted of an offence, or ordered to pay a civil penalty, for contravening a provision of Part 3 (Enforcing product emission standards) of the Bill (see Division 2 of Part 6 of the Bill); or
- (b)
- General forfeiture - where a forfeiture notice is issued after an inspector seizes a emissions-controlled product where they suspect, on reasonable grounds, that a provision of Part 3 (Enforcing product emission standards) of the Bill was contravened in relation to the emissions-controlled product (see Division 3 of Part 6 of the Bill).
5. This consequential amendment streamlines the implementation of rules made under the Bill in relation to emissions-controlled products by ensuring that all action taken under the Bill will be done by inspectors appointed under clause 41 of the Bill.