Commonwealth Numbered Acts Commonwealth Numbered Acts(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.