CTHIn ForceAct
Product Emissions Standards Act 2017
7Definitions
Start here
Get a plain-English read of 7
Turn the raw legal text into a practical explanation grounded in Product Emissions Standards Act 2017.
#### 7 Definitions
(1) In this Act:
> Australia includes the external Territories.
> certified for the purposes of this Act means certified for the purposes of this Act in accordance with the rules.
> civil penalty provision has the same meaning as in the Regulatory Powers Act.
> Climate Change Conventions means:
(a) the United Nations Framework Convention on Climate Change, done at New York on 9 May 1992; and
(b) the Kyoto Protocol to the United Nations Framework Convention on Climate Change, done at Kyoto on 11 December 1997; and
(c) the Paris Agreement, done at Paris on 12 December 2015;
as amended and in force for Australia from time to time.
> Note: The Convention, the Protocol and the Agreement are in Australian Treaty Series 1994 No. 2 (\[1994\] ATS 2), 2008 No. 2 (\[2008\] ATS 2) and 2016 No. 24 (\[2016\] ATS 24), respectively. In 2017 they could be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au)
> emissions‑controlled product means a product that is prescribed by the rules for the purposes of section 9.
> emissions standard means a standard dealing with matters relating to emissions from products.
> engage in conduct includes omitting to perform an act.
> evidential material has the same meaning as in the Regulatory Powers Act.
> forfeiture notice has the meaning given by subsection 34(2).
> inspector means a person appointed under section 41.
> manufacture, for a product prescribed for the purposes of the definition of product, means produce by any method.
> mark includes label.
> person assisting an authorised person has the same meaning as in the Regulatory Powers Act.
> product means a thing (including a substance or mixture of substances) that is:
(a) manufactured; or
(b) prescribed by the rules for the purposes of this definition.
> regulatory authority includes a regulatory authority of, or located in, a foreign country.
> Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.
> reporting period, for an emissions‑controlled product, means a period prescribed by the rules.
> rules means rules made under section 51.
> Secretary means the Secretary of the Department.
> supply, in relation to a product, has the meaning given by subsection (2).
> this Act includes instruments made under this Act.
(2) A supply of a product means a supply in the course of trading or commercial activities.
(3) For the purposes of subsection (2), supply includes:
(a) an offer to supply (including making available, exposing, displaying or advertising the product); and
(b) a supply (including a resupply) by way of sale, exchange, gift, lease, loan, hire or hire‑purchase; and
(c) a supply as part of the supply of another thing.
(4) For the purposes of subsection (2), it is irrelevant whether the supply is:
(a) for consideration; or
(b) a wholesale or retail supply.