Commonwealth of Australia Explanatory Memoranda

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FUEL AND VEHICLE STANDARDS LEGISLATION AMENDMENT (REDUCING VEHICLE POLLUTION) BILL 2022

                           2022




THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




             HOUSE OF REPRESENTATIVES




    Fuel and Vehicle Standards Legislation Amendment
          (Reducing Vehicle Pollution) Bill 2022




             EXPLANATORY MEMORANDUM
                           and
  STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS




                 Circulated by authority of
                      Kylea Tink MP


Fuel and Vehicle Standards Legislation Amendment (Reducing Vehicle Pollution) Bill 2022 OUTLINE The bill amends fuel quality standards, which set the levels of aromatics and sulfur levels, allowing Australia to move to more stringent emissions standards. Emissions standards regulate the non-co2 tail-pipe emissions from the vehicles. The bill will move Australian fuel quality standards to require light vehicles to meet Euro 6d vehicle pollution standards, immediately for diesel and 1 July 2024 for petrol. Euro 6d standards impose stricter limits on nitrogen oxides and particulate matter. The bill also contains a 'lock-step' mechanism to ensure that Australian standards do not lag behind future improved European standards by more than six months at any time. FINANCIAL IMPACT The bill will have no financial impact. NOTES ON CLAUSES Clause 1: Short Title This clause is a formal provision and specifies that the short title of the bill is the Fuel and Vehicle Standards Legislation Amendment (Reducing Vehicle Pollution) Act 2022. Clause 2: Commencement This clause provides for the commencement of the Act on the day it receives Royal Assent. Fuel Quality Standards Act 2000 Clause 3: Schedules Clause 3 provides that the Schedules to the Bill amend or repeal legislation as specified in the Schedules, and any other items in the Schedules have effect according to their terms. This is a formal provision that clarifies how the operative items in the Bill are intended to have their effect. Schedule 1: Amendments Item 1 - Subsection 4(1) (at the end of fuel standard) This clause provides for a new fuel standard to be part of the definition of a fuel standard. Item 2 - At the end of subsection 20A(2) This clause ensures that the civil penalties for alteration of fuel which are outlined in the standard also apply to the new standard. Item 3- After section 21 This clause inserts a new fuel standard for petrol. The new standard will come into force from 1 January 2024 and will meet the requirements of Euro 6d noxious emissions standards.


Subclause (2) provides a 'lock-step' mechanism to ensure that if the European emissions standards change to a higher petrol standard that, within six months, this standard applies under this Act. Road Vehicle Standards Act 2018 Item 4 - definition of national road vehicle standard This clause provides a new definition of a national road vehicle standard. Item 5 - national road vehicle standard for light vehicles This clause sets out a new national road vehicle standard to which the Australian Design Rule 79/04 applies. In addition to ADR 79/04, by 2024, petrol vehicles must comply with the requirements of Euro 6d. Diesel vehicles must comply when this Act commences, on Royal Assent. Subclause (3) provides a 'lock-step' mechanism to ensure that if the European emissions standards change to a higher petrol standard that, within six months, this standard applies under this Act.


STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 Fuel and Vehicle Standards Legislation Amendment (Reducing Vehicle Pollution) Bill 2022 This bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. Overview of the bill The bill amends fuel quality standards, which set the levels of aromatics and sulfur levels, allowing Australia to move to more stringent emissions standards. Emissions standards regulate the non-co2 tail-pipe emissions from the vehicles. The bill will move Australian fuel quality standards to require light vehicles to meet Euro 6d vehicle pollution standards, immediately for diesel and 1 July 2024 for petrol. Euro 6d standards impose stricter limits on nitrogen oxides and particulate matter. The bill also contains a 'lock-step' mechanism to ensure that Australian standards do not lag behind future improved European standards by more than six months at any time. Human rights implications This Bill does not engage any of the applicable rights or freedoms. Conclusion This Bill is compatible with human rights as it does not raise any human rights issues. Kylea Tink MP


 


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