30Exemption categories

30 Exemption categories

(1) An application made under section 29 in relation to an emissions‑controlled product or products must nominate one of the following (the exemption categories): (a) the product or products will be exported from Australia but not used in Australia; (b) the product or products: (i) will be tested, evaluated, displayed, advertised, offered for supply or pre‑ordered; and (ii) will not otherwise be used or supplied in Australia (and, if the product or products are pre‑ordered, will not be imported) before the product or products are certified for the purposes of the Act; (c) the product or products: (i) will be used only by the Australian Defence Force or a law enforcement or security agency (within the meaning of the Independent National Security Legislation Monitor Act 2010) and only for national security purposes; and (ii) have no suitable alternative (see subsection (2)); (d) the product or products: (i) will be used only by an emergency services organisation (see subsection (4)) and only for rescue or emergency services purposes; and (ii) have no suitable alternative; (e) the product or products: (i) will be used only in organised competition (see subsection (5)); and (ii) have no suitable alternative; (f) the product or products: (i) are engines; and (ii) will be used only as replacements of uncertified, unserviceable engines (see subsection (6)); and (iii) have no suitable alternative. (2) A suitable alternative for an emissions‑controlled product is a product that: (a) would be suitable for the use to which the emissions‑controlled product will be put; and (b) is available; and (c) if the product is an emissions‑controlled product—is Australian certified or foreign certified. (3) For the purposes of paragraph (2)(a), in determining whether the product would be suitable, the cost of the product is not relevant. (4) An emergency services organisation is a body that: (a) is, or is part of a body that is: (i) established for a public purpose by or under a law of the Commonwealth, of a State or of a Territory; or (ii) a registered charity; and (b) is any of the following: (i) a police force or service; (ii) a fire service; (iii) an ambulance service; (iv) a coast guard service, rescue service or emergency service; (v) a surf lifesaving organisation. (5) An organised competition is a competition that: (a) consists of a race or a series of races; and (b) is managed and run: (i) by an organisation that has restricted or licensed membership; and (ii) in accordance with published rules and a published schedule. (6) An uncertified, unserviceable engine is an engine that: (a) is an emissions‑controlled product; and (b) was last supplied before 1 July 2020; and (c) is not Australian certified or foreign certified; and (d) has failed or become unserviceable.