{"id":"F2018L00761","name":"Product Emissions Standards (Customs) Charges Regulations 2018","slug":"product-emissions-standards-customs-charges-regulations-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":97356,"registerId":"commonwealth-F2018L00761-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Product Emissions Standards (Customs) Charges Regulations 2018.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under the Product Emissions Standards (Customs) Charges Act 2017.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including emissions‑controlled product.\n\n  In this instrument:\n\n> Act means the Product Emissions Standards (Customs) Charges Act 2017.\n\n> customs value has the meaning given by subsection 154(1) of the Customs Act 1901.\n\n> overseas freight has the meaning given by subsection 154(1) of the Customs Act 1901.\n\n> overseas insurance has the meaning given by subsection 154(1) of the Customs Act 1901.\n\n> passes the importation threshold: see subsection 5(5).\n\n> product value of an emissions‑controlled product means:\n\n    (a) if the total declared value of the product is less than $10,000—that value; or\n    (b) otherwise—$10,000.\n\n> total declared value of an emissions‑controlled product means the sum of the following amounts:\n\n    (a) the customs value of the product;\n    (b) the amount paid or payable for overseas freight and overseas insurance in relation to the product.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Charge on the importation of emissions‑controlled products","content":"## Part 2—Charge on the importation of emissions‑controlled products","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Amount of charge imposed on the importation of emissions‑controlled products","content":"#### 5 Amount of charge imposed on the importation of emissions‑controlled products\n\n  (1) This section is made for the purposes of section 6 of the Act.\n  Person has not passed the importation threshold\n  (2) If:\n    (a) a person imports an emissions‑controlled product at a particular time in a financial year; and\n    (b) at that time, the person has not passed the importation threshold for the financial year;\n  the amount of the charge imposed on the importation of the product is nil.\n  Person passes the importation threshold\n  (3) If:\n    (a) a person imports an emissions‑controlled product at a particular time in a financial year; and\n    (b) at that time, the person passes the importation threshold for the financial year;\n  the amount of the charge imposed on the importation of the product is to be worked out using the following formula:\n  ![Start formula total production value times 0.0033 end formula](image.002.png)\n  where:\n\n> total product value means the sum of the product values of each emissions‑controlled product that the person has imported at the time the person passes the importation threshold for the financial year.\n\n  Person has already passed the importation threshold\n  (4) If:\n    (a) a person imports an emissions‑controlled product at a particular time in a financial year; and\n    (b) at that time, the person has already passed the importation threshold for the financial year;\n  the amount of the charge imposed on the importation of the product is to be worked out by multiplying the product value of the product by 0.0033.\n  Passes the importation threshold\n  (5) A person who imports an emissions‑controlled product at a particular time in a financial year passes the importation threshold for the financial year if the sum of the following amounts is more than $44,000:\n    (a) the product value of the product;\n    (b) the sum of the product values of any other emissions‑controlled products previously imported by the person in the financial year.\n  Rounding\n  (6) An amount worked out under subsection (3) or (4) is to be rounded to the nearest cent (rounding 0.5 cents upwards).","sortOrder":5},{"sectionNumber":"Part 3","sectionType":"part","heading":"Transitional, application and saving provisions","content":"## Part 3—Transitional, application and saving provisions","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Amendments made by the Product Emissions Standards (Customs) Charges Amendment Regulations 2021","content":"#### 6 Amendments made by the Product Emissions Standards (Customs) Charges Amendment Regulations 2021\n\n  The amendments made by the Product Emissions Standards (Customs) Charges Amendment Regulations 2021 apply in relation to emissions‑controlled products that are imported on or after 1 July 2021.","sortOrder":7}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: calculating the specific charge amount for importing emissions-controlled products. The 2021 amendment (referenced in Part 3) appears to be a technical update with a clear application date, not an expansion of scope. The regulation does exactly what its enabling Act requires — it sets the dollar amounts and formulas for the charge."},"complexity_factors":["Only 4 defined terms in the instrument itself (though it references definitions in the parent Act)","Simple mathematical formula with clear threshold trigger ($44,000)","Straightforward three-tier structure: (a) below threshold = nil, (b) at threshold = formula based on cumulative value, (c) above threshold = percentage of individual product value","Single transitional provision with clear date-based application (1 July 2021)","No nested exceptions or complex conditional logic — the rules follow a logical progression","Short document (approximately 6 substantive sections)"],"plain_english_summary":"This regulation imposes a charge on importers of products subject to Australian emissions standards (e.g., certain engines and machinery). It only applies to importers whose imports of such products exceed a $44,000 threshold in a single financial year.\n\nOnce the threshold is crossed, importers pay 0.33% of the products’ value (customs value plus shipping and insurance), with a $10,000 per-product cap; importers below the threshold pay nothing. The charge helps fund the agency that enforces Australia’s emissions standards on imported equipment."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Section 6 states that amendments made by the Product Emissions Standards (Customs) Charges Amendment Regulations 2021 apply to emissions‑controlled products imported on or after 1 July 2021, altering the instrument's application period from the original 2018 text and changing which imports are subject to the amended rules."},"complexity_factors":["Three-stage charging rule (different computation if importer has not passed the importation threshold, passes it on a given import, or has already passed it) — s5(2)–(4).","Threshold mechanics require aggregating product values of all emissions‑controlled products imported in the financial year and comparing to $44,000 — s5(5).","Product value definition caps the value used for charge purposes at $10,000 per item; total declared value incorporates customs value plus overseas freight and overseas insurance — s4 (definitions) and cross-reference to Customs Act s154.","Computation on the occasion the threshold is passed requires calculating the total product value at that time and applying the 0.0033 rate to that aggregate — s5(3).","After-threshold per-item charging is a simple multiplication of product value by 0.0033, but administrators and importers must track which imports occurred before and after passing the threshold — s5(4).","Rounding rule (nearest cent, 0.5 cents upwards) affects final payable amounts and accounting — s5(6).","Legal cross-references increase compliance work: key expressions are defined in the Act and some terms reference the Customs Act — s3 and s4 (definitions).","Transitional amendment changes to application timing add a temporal compliance layer for imports on/after 1 July 2021 — s6."],"plain_english_summary":"These regulations impose a small customs charge on imported \"emissions‑controlled\" products once an importer’s cumulative product value in a financial year exceeds $44,000. Each item's product value is capped at $10,000; imports before the threshold incur no charge, while imports after the threshold are charged at product value × 0.0033 (amounts rounded to the nearest cent). The rule applies to importers of emissions‑controlled goods and requires them to track annual cumulative product values."}},"importantCases":[],"_links":{"self":"/api/acts/product-emissions-standards-customs-charges-regulations-2018","history":"/api/acts/product-emissions-standards-customs-charges-regulations-2018/history","analysis":"/api/acts/product-emissions-standards-customs-charges-regulations-2018/analysis","conflicts":"/api/acts/product-emissions-standards-customs-charges-regulations-2018/conflicts","importantCases":"/api/acts/product-emissions-standards-customs-charges-regulations-2018/important-cases","documents":"/api/acts/product-emissions-standards-customs-charges-regulations-2018/documents"}}