Fair Trading (Fuel Prices) Act 1993

This Act is the Fair Trading (Fuel Prices) Act 1993.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act.

Note 2 A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Part 2 Determination of fuel prices

The commissioner may make a recommendation in writing to the Minister as to—

the maximum base wholesale price of a specified fuel; and

the maximum retail price of a specified fuel; and

the maximum retail margin in relation to a specified fuel.

For the purpose of making a recommendation in relation to a particular fuel, the commissioner shall have regard to such matters as he or she considers to be relevant, including, any 1 or more of the following matters:

the wholesale price of that fuel that, for the purposes of the Competition and Consumer Act 2010 (Cwlth), section 95Z (8) is the actual price applicable to that fuel under that subsection;

the price at which that fuel is being sold in the Territory, whether by wholesale or by retail;

the price at which that fuel is being sold in any 1 or more of the State capital cities (and particularly Sydney), whether by wholesale or by retail;

any consultations he or she has had with the Australian Competition and Consumer Commission, the Motor Trades Association or representatives of the petroleum industry;

submissions received from the bodies or representatives referred to in paragraph (d);

information furnished to the commissioner in accordance with a requirement under section 6 (1);

anomalies or disparities in relation to the price of a fuel arising in connection with any 1 or more of the matters referred to in paragraphs (a) to (f).

In this section:

Australian Competition and Consumer Commission means the Australian Competition and Consumer Commission established under the Competition and Consumer Act 2010 (Cwlth), section 6A.

The Minister may, on the recommendation of the commissioner in relation to a specified fuel, in writing, determine—

the maximum base wholesale price of that fuel; and

the maximum retail price of that fuel; and

the maximum retail margin in relation to that fuel.

The Minister shall not determine a maximum base wholesale price of a specified fuel that is greater than the actual price that, for the purposes of the Competition and Consumer Act 2010 (Cwlth), section 95Z (8) is applicable to that fuel under that subsection.

A determination under subsection (1) is a disallowable instrument.

The Minister must give additional public notice of the determination.

Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). The requirement in s (4) is in addition to the requirement for notification on the legislation register as a disallowable instrument.

Where the maximum base wholesale price of a specified fuel has been determined under section 4 (1) (a), a person shall not, without reasonable excuse, sell or offer for sale, by wholesale, any such fuel at a price greater than that maximum base wholesale price.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

Where the maximum retail price of a specified fuel has been determined under section 4 (1) (b), a person shall not, without reasonable excuse, sell or offer for sale, by retail, any such fuel at a price greater than that maximum retail price.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

Where the maximum retail margin in relation to a specified fuel has been determined under section 4 (1) (c), a person shall not, without reasonable excuse, sell or offer for sale, by retail, any such fuel at a retail margin greater than that maximum retail margin.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

A person commits an offence if the person—

uses a price board to display the price of a specified fuel sold by the person; and

displays on the price board—

a discounted fuel price; or

a fuel price that is lower than the price at the corresponding fuel pump.

Maximum penalty: 50 penalty units.

An offence against this section is a strict liability offence.

In this section:

discounted fuel price, of a specified fuel, means the price per unit of measurement of the fuel payable on the sale of the fuel by retail after any discount is applied.

Examples—units of measurement of fuel

1 for leaded petrol and unleaded petrol, the unit of measurement is a litre

2 for hydrogen, the unit of measurement is a kilogram

3 for electricity, the unit of measurement is a kilowatt hour price board means a board, sign or other notice in relation to a service station that—

displays information regarding the price of types of fuel for sale by retail at the service station; and

is visible to a person passing the service station.

Where the commissioner believes, on reasonable grounds, that—

a person is a prescribed person; and

that person is capable of furnishing information that the commissioner considers to be necessary in connection with making a recommendation in relation to a particular fuel;

the commissioner may by notice served on that person, require the person to furnish to the commissioner, within the time and in the manner specified in the notice, such information as is specified in the notice.

A person shall not—

without reasonable excuse, fail to comply with a notice under subsection (1); or

in purported compliance with such a notice, knowingly furnish information that is false or misleading.

Maximum penalty:

for paragraph (a)—50 penalty units; or

for paragraph (b)—50 penalty units, imprisonment for 6 months or both.

In this section:

prescribed person means—

a person, whether within or outside the Territory, who supplies fuel in the Territory; or

a person, whether within or outside the Territory, who is a party to an agreement, arrangement or understanding that may affect or be connected with the price, or supply, of fuel in the Territory.

supply means to supply (including resupply), or to offer to supply, by way of sale (whether by wholesale or by retail) or exchange.

Information furnished to the commissioner by a person in accordance with a requirement under section 6 (1) shall not, without reasonable excuse, be used otherwise than in connection with a recommendation or a determination under this Act.

A person who contravenes subsection (1) commits an offence.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

Subsection (1) does not apply to the communication of information, or the production of a document, to a court for the purposes of proceedings for an alleged offence against section 6 (2) (a) or (b).

Part 3 Regulated transfer of certain fuels

In this part:

fuel means leaded petrol, unleaded petrol or distillate.

regulated transfer means a single consignment of a fuel that is—

at least 2 000L; and

delivered to or withdrawn from a place in the ACT under, or because of, an agreement for the sale, purchase or exchange of fuel.

In this section:

leaded petrol means petrol other than unleaded petrol.

unleaded petrol means petrol that—

contains not more than 0.013g of lead per litre; and

contains not more than 0.0013g of phosphorous per litre; and

contains not more than 0.10% of sulphur by weight; and

has a research octane number not less than 91.0; and

has a motor octane number of not less than 82.0.

The volume of a fuel in a regulated transfer must be measured or calculated as if the fuel were at the temperature of 15^oC.

A person must not, without reasonable excuse, authorise a regulated transfer in which—

the volume of the fuel is measured or calculated contrary to subsection (1); or

the price or value of the fuel transferred is fixed by reference to a volume measured or calculated contrary to subsection (1).

Maximum penalty (subsection (2)): 50 penalty units, imprisonment for 6 months or both.

Section 8 applies even if there is an agreement or understanding to the contrary.

A provision in an agreement is void so far as it is inconsistent with section 8 or a right or remedy arising from the section.

Section 8 applies even if the proper law of the agreement is that of another jurisdiction.

Nothing in section 8 affects the operation of an agreement so far as it can operate consistently with that section.