{"id":"C2017A00105","name":"Product Emissions Standards (Customs) Charges Act 2017","slug":"product-emissions-standards-customs-charges-act-2017","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"105 of 2017","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":8599,"registerId":"commonwealth-C2017A00105-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Product Emissions Standards (Customs) Charges Act 2017","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.png)\n\n \n\n \n\n \n\n \n\n \n\n \n\nProduct Emissions Standards (Customs) Charges Act 2017\n\n \n\nNo. 105, 2017\n\n \n\n \n\n \n\n \n\n \n\nAn Act to impose charges on the import of emissions‑controlled products, and for related purposes\n\n \n\n \n\n \n\nContents\n\n1 Short title\n\n2 Commencement\n\n3 Act binds the Crown\n\n4 Definitions\n\n5 Imposition of charge\n\n6 Amount of charge\n\n7 Liability for charge\n\n8 Regulations\n\n \n\n![](image.001.png)\n\n \n\n \n\nProduct Emissions Standards (Customs) Charges Act 2017\n\nNo. 105, 2017\n\n \n\n \n\n \n\nAn Act to impose charges on the import of emissions‑controlled products, and for related purposes\n\n[Assented to 14 September 2017]\n\nThe Parliament of Australia enacts:\n\n1  Short title\n\n  This Act is the Product Emissions Standards (Customs) Charges Act 2017.\n\n2  Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this Act At the same time as the Product Emissions Standards Act 2017 commences.However, the provisions do not commence at all if that Act does not commence. 15 September 2017\n\n\nNote: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n3  Act binds the Crown\n\n  This Act binds the Crown in each of its capacities.\n\n4  Definitions\n\n  In this Act:\n\namount includes a nil amount.\n\nemissions‑controlled product has the same meaning as in the Product Emissions Standards Act 2017.\n\n5  Imposition of charge\n\n  Charge is imposed on the importation of emissions‑controlled products.\n\n6  Amount of charge\n\n  The amount of the charge imposed on the importation of an emissions‑controlled product is the amount:\n\n (a) prescribed by the regulations; or\n\n (b) worked out in accordance with a method prescribed by the regulations.\n\n7  Liability for charge\n\n  Charge imposed on the importation of an emissions‑controlled product is payable by the person who imports the product.\n\n8  Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n\n (a) required or permitted by this Act to be prescribed; or\n\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n\n \n\n \n\n \n\n \n\n[Minister’s second reading speech made in—\n\nHouse of Representatives on 10 August 2017\n\nSenate on 7 September 2017]\n\n \n\n(154/17)\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This Act is narrowly framed to impose charges on imports of ‘emissions‑controlled products’ and to delegate the rate and calculation method to regulations. It stays within that original, enabling purpose: it does not expand into other regulatory areas, create subsidy or spending rules, or reallocate revenue in the text. Its scope has not grown beyond that original, narrowly defined objective; most substantive policy detail is and was intended to sit in the regulations and in the Product Emissions Standards Act 2017, to which it cross‑refers (see sections 4, 6 and 8)."},"complexity_factors":["Very short Act (8 sections).","Single substantive obligation: imposition of a charge (s5).","Key technical detail (product definition) is a cross‑reference to another Act (Product Emissions Standards Act 2017) (s4).","Amount and calculation entirely delegated to regulations (s6), creating dependency on external instruments.","Liability rule is simple and singular: importer liable (s7).","Regulation‑making power broad (s8) but centralises complexity in delegated legislation.","Commencement condition ties this Act to commencement of another Act (s2).","No multiple tiers of exceptions or nested conditions in the Act itself. "],"plain_english_summary":"**What this law does (mechanical effect)**\n\n- The Act charges a fee on the importation of “emissions‑controlled products” (see section 5).  The term “emissions‑controlled product” is not defined in this Act itself; it instead uses the definition in the Product Emissions Standards Act 2017 (section 4).\n- How much is charged is not set in the Act — the charge is either: (a) a figure prescribed in regulations, or (b) calculated using a method set out in regulations (section 6).\n- The person who imports the emissions‑controlled product is legally liable to pay the charge (section 7).\n- The Governor‑General may make regulations to prescribe the amount/method and any other matters needed to operate the scheme (section 8).\n- The Act binds the Crown (section 3) and only comes into force if the Product Emissions Standards Act 2017 comes into force (section 2).\n\n**Who is affected**\n\n- Primary legal obligors: importers of products that fall within the definition of “emissions‑controlled product” in the Product Emissions Standards Act 2017 (sections 4 and 7).\n- Secondary stakeholders: customs brokers, freight forwarders and businesses that rely on imported emissions‑controlled products (they will be involved in payment/clearing and likely responsible for compliance costs). Consumers of affected products are indirectly affected because importers can pass costs on in prices.\n- The Commonwealth is affected administratively: it will collect the charge via customs processes and must make and administer regulations (sections 6 and 8).\n\n**Why it matters (official purpose and practical consequences)**\n\n- The Act’s explicit legal effect is to create a customs‑collection charge on certain imported goods; that is the instrument’s ostensible purpose (see section 5 and section 6).\n- Practically, the law shifts the decision about charge levels and calculation from primary legislation into delegated legislation (regulations). That means:\n  - Ministers/administrators decide rates and calculation methods through regulations (section 8). The Act itself only authorises a charge to be made and collected from importers (sections 5–7).\n  - The final economic incidence (who ultimately bears the cost) will depend on market responses: importers may pass the charge to downstream buyers or absorb it, depending on competition and contracts.\n\n**Implementation, incentives and trade‑offs (concrete mechanisms and likely effects)**\n\n- Who pays and who decides: importers legally pay the charge (s7). The executive (via regulation) sets the rate or the calculation method (s6 and s8). That concentrates decision‑making about the price signal in delegated legislation rather than primary statute.\n- Compliance and administrative burden: since the charge is collected at import, customs systems and import reporting will need to record and collect the charge. That creates recurring administrative work for importers and any intermediaries who lodge customs entries; the precise burden depends on the detail in the regulations (s6, s8).\n- Market effects and private choice: the charge increases the landed cost of affected imported products. That tends to: (a) raise prices for buyers of those specific imported products, (b) encourage importers or suppliers to supply lower‑charged (possibly lower‑emission) alternatives if available, or (c) generate substitution toward domestically produced or differently sourced products not captured by the definition. The Act does not itself list which products are covered (see s4 referring to the Product Emissions Standards Act 2017), so market participants need to check that primary Act and supporting regulations to know the scope.\n- Regulatory discretion and implementation risk: key policy parameters (which products, rate, calculation rules, exemptions if any) are all delegated to regulations (s6, s8). That enables governance flexibility but creates implementation risk: complexity, frequent variation, and compliance uncertainty if regulations are detailed or change often.\n- Enforcement risks and avoidance: because liability is tied to importation and classification, there is scope for importers to attempt classification changes or routing to avoid charges. Detecting and policing such behaviour will require customs enforcement and clear classification rules in regulations.\n- Fiscal effects and allocation: the Act creates a revenue stream in form (a charge) but does not specify how that revenue is used. Allocation and use of proceeds are decisions in appropriation and budget processes rather than in this Act.\n\n**Concrete statutory touchpoints**\n\n- Charge imposed: section 5.\n- Amount determined by regulation or a regulatory method: section 6.\n- Importer is liable: section 7.\n- Definition cross‑reference to Product Emissions Standards Act 2017: section 4.\n- Regulation‑making power: section 8.\n- Commencement contingent on Product Emissions Standards Act 2017: section 2.\n\n**Net practical summary**\n\n- This is a short, enabling law that authorises the Commonwealth to collect a customs charge on imports defined elsewhere as “emissions‑controlled products.” The operational detail — which products are covered, how the charge is set, and how it is calculated — is left to regulations. Importers are the party legally required to pay the charge, and customs administration will be the mechanism for collection and enforcement."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of imposing charges on imported emissions‑controlled products. It has not expanded beyond this narrow fiscal function."},"complexity_factors":["Extremely short: only 8 sections spanning approximately 2 pages","Minimal defined terms: only 2 definitions in section 4 ('amount' and 'emissions‑controlled product'), with the latter simply cross‑referencing another Act","No conditional logic or exceptions: the charge applies broadly without nested conditions","Heavy reliance on delegated legislation: sections 6 and 8 leave all substantive details (charge amounts, calculation methods) to regulations not contained in the Act","No internal cross‑references beyond the single reference to the Product Emissions Standards Act 2017","Simple linear structure: imposition → amount → liability → regulations"],"plain_english_summary":"This law creates a **charge (a type of fee or tax)** that must be paid when certain products are brought into Australia. These products are called **\"emissions‑controlled products\"** — essentially goods that have engines or motors and are regulated for their pollution output (like lawnmowers, chainsaws, or outboard motors).\n\n**What it does:**\n- **Imposes a charge** on anyone importing these emissions‑controlled products into Australia.\n- **Sets up the framework** for how much the charge will be, but leaves the actual dollar amounts to be decided later through **regulations** (rules made by the government without needing a new Act of Parliament).\n- **Makes the importer liable** — the person bringing the product into the country must pay the charge.\n\n**Who it affects:**\n- **Importers** of engines and engine‑powered equipment (such as garden equipment, marine engines, and other non‑road engines).\n- **Businesses** that import these goods for sale in Australia.\n\n**Why it matters:**\nThis law works together with the *Product Emissions Standards Act 2017* to reduce air pollution from non‑road engines. By putting a price on importing non‑compliant or regulated products, it creates a financial incentive for importers to ensure their products meet Australian emissions standards. The money collected helps fund the regulatory scheme that checks and enforces these environmental standards.\n\n**Key point:** This Act doesn't specify how much the charge is — that detail is filled in later by regulations. This is common in Australian law, allowing flexibility to adjust fees without changing the Act itself."}},"importantCases":[],"_links":{"self":"/api/acts/product-emissions-standards-customs-charges-act-2017","history":"/api/acts/product-emissions-standards-customs-charges-act-2017/history","analysis":"/api/acts/product-emissions-standards-customs-charges-act-2017/analysis","conflicts":"/api/acts/product-emissions-standards-customs-charges-act-2017/conflicts","importantCases":"/api/acts/product-emissions-standards-customs-charges-act-2017/important-cases","documents":"/api/acts/product-emissions-standards-customs-charges-act-2017/documents"}}