News & Insights

On 1 July 2020, certain restrictions on the importation, manufacturing and supply of outdoor power equipment and marine engines came into effect.

The Product Emissions Standards Act 2017 (Cth) (the Act) imposes ‘emissions standards’, which prevent the entry of high-emitting products into Australia and restrict the emissions of products which are manufactured and supplied on-shore.

These standards are designed to lessen air pollution, and consequently better protect the community and environment.

what products are captured by the standards?

The standards apply to:

• new spark-ignition engines with a maximum power of 19 kilowatts or 25.5 horse-power (e.g. lawn mowers, chainsaws and small handheld and pushed/pulled equipment); and
• new spark-ignition engines used in marine vessels.

Businesses that import, manufacture or sell the above products in Australia must abide by these standards.

when do the restrictions come into effect?

To assist the industry to adapt to these changes, the restrictions have been implemented in phases, with this new phase recently coming into effect.

The initial phase focused on products that are manufactured in or imported into Australia, whereby from 1 July 2018, products that are manufactured or imported in Australia must meet the standards under the Act.

A major exception to this rule is that European certified ‘Euro Stage II’ products were permitted for importation until 1 July 2020. From this date, imported European products have been required to comply with ‘Euro Stage V’ standards.

The subsequent phase of the restrictions focuses on the supply, whereby businesses should be acutely aware that only products that meet the standards under the Act can be supplied in Australia from 1 July 2020.

Again, there is an exception for European certified products – specifically, Euro Stage II certified products can be supplied in Australia until 1 July 2021. From this date, only European products that comply with the ‘Euro Stage V’ standards can be supplied.

Notwithstanding the above, there are certain circumstances where a business will be exempted from the rules.

Businesses that fail to comply with the above deadlines will commit an offence under the Act and face penalties.

If you are a manufacturer, importer or supplier of outdoor power equipment or marine engine products and are concerned about meeting your obligations under the Act, or want to know more about the exceptions to the requirements, please contact a member of our Trade team.

The information contained in this article is general in nature and cannot be relied on as legal advice nor does it create an engagement. Please contact one of our lawyers listed above for advice about your specific situation.