The Department can exempt people from the PES Act to allow for the import and/or supply of uncertified engines in limited circumstances. These circumstances relate to specific business requirements and to cater for special circumstances where it is not possible to use a certified product.
Section 29 of the Product Emissions Standard Rules 2017 sets out the process for applying for an exemption.
Exemption requests must fall within one (and only one) of the six exemption categories listed in section 30 of the Rules. Broadly speaking, the categories are:
- Export from Australia
- Testing, evaluation or display
- Military, law enforcement or national security
- Emergency or rescue service
- Organised competition
- Replacement engines
This list of categories is for guidance only and you should check section 30 of the Rules for the detailed requirements and definitions which apply to each category.
If an exemption is granted you can expect the exemption to include a range of conditions governing the maximum number of exempted products, the time period for the exemption and limitations on the supply and use of the exempted products.