Fuels Rationing Act 2019

This Act is the Fuels Rationing Act 2019.

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, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

For example, the signpost definition ‘inspector, for part 3 (Enforcement)—see section 17.’ means that the term ‘inspector’ is defined in that section for part 3.

Note 2 A definition in the dictionary (including a signpost definition) 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.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

In this Act:

fuel means—

petroleum; or

a petroleum product; or

a petrochemical; or

any other fuel manufactured for use in an internal combustion engine; or

hydrogen; or

anything else prescribed by regulation.

Examples—par (a)

· compressed natural gas

· liquefied natural gas

Examples—par (b)

· E10 petrol

· leaded petrol

· liquefied petroleum gas

· unleaded petrol

Example—par (c)

diesel

Examples—par (d)

· biodiesel

· ethanol fuel

In this section:

petrochemical means a substance, whether in a gaseous, liquid or solid state, but not being a petroleum product, manufactured from any of, or from a mixture of any of, the following substances:

petroleum;

a petroleum product;

a petroliferous mineral.

petroleum means—

any naturally occurring hydrocarbon, whether in a gaseous, liquid or solid state; or

any naturally occurring mixture of hydrocarbons, whether in a gaseous, liquid or solid state; or

any naturally occurring mixture of a hydrocarbon or hydrocarbons, whether in a gaseous, liquid or solid state, and 1 or more of the following:

hydrogen sulphide;

nitrogen;

helium;

carbon dioxide.

petroleum product means—

any hydrocarbon or mixture of hydrocarbons produced by subjecting petroleum to a process of refining or produced from petroliferous minerals; or

any mixture of a hydrocarbon produced with another substance.

In this Act:

use, of a fuel, includes the following:

buy;

sell;

hold;

distribute.

In this section:

buy includes—

buy by wholesale, retail, auction or tender; and

obtain by barter or exchange.

sell includes—

sell by wholesale, retail, auction or tender; and

barter or exchange; and

supply for profit or other commercial gain; and

offer for sale, receive for sale or expose for sale; and

have in possession for sale.

The Minister may approve a scheme to restrict the use of fuels to deal with a shortage or likely shortage of fuel (an approved fuel restriction scheme).

In approving a scheme, the Minister must consider whether the scheme achieves 1 or more of the outcomes mentioned in section 11 (1) (b).

An approved fuel restriction scheme is a disallowable instrument.

Note 1 A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

Note 2 The power to make an instrument includes the power to amend or repeal the instrument. The power to amend or repeal the instrument is exercisable in the same way, and subject to the same conditions, as the power to make the instrument (see Legislation Act, s 46).

Note 3 Power to make a statutory instrument (including an approved fuel restriction scheme) includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act, s 48).

The Minister may approve a fuel restriction scheme under section 8 only if the scheme provides for—

the imposition of restrictions in different stages; and

a range of restrictions that may be imposed under each stage, including the following:

the amount or type of fuel to which the restrictions apply;

the circumstances in which the restrictions apply;

the class of buyers, sellers or other people to whom the restrictions apply.

An approved fuel restriction scheme may include provision for the Minister to exempt an entity from a fuel restriction if compliance with the restriction would cause the entity or anyone else serious detriment.

Examples—serious detriment

1 A medical waste disposal service requires fuel to transport the medical waste for incineration and without an exemption the service would not be able to provide its service and a serious public health risk may arise.

2 A public bus service requires fuel to transport commuters who may have limited use of their vehicles due to fuel restrictions. Without an exemption, the service may not be able to provide buses which would severely disrupt the movements of commuters.

A person who carries on a business of selling fuel (a fuel seller), whether by wholesale or retail, must give the director-general a written notice stating—

the fuel seller’s name and email address; and

the address and telephone number of each place where the fuel seller carries on the business; and

the kinds of fuel that can be stored at each place; and

the quantity of each kind of fuel that can be stored at each place.

The fuel seller must give the notice not later than 14 days after the day the fuel seller starts to carry on the business.

If a fuel seller has given a notice under subsection (1), the fuel seller must give the director-general a written notice of a change in any of the particulars stated in the notice not later than 14 days after the day the change happens.

If a fuel seller stops carrying on the business, the fuel seller must, not later than 14 days after the day the fuel seller stops carrying on the business, give the director-general a written notice stating—

that the fuel seller has stopped carrying on the business; and

the date the fuel seller stopped carrying on the business.

A fuel seller commits an offence if the fuel seller—

is required to give a notice to the director-general under this section; and

does not give the notice in accordance with this section.

Maximum penalty: 50 penalty units.

An offence against this section is a strict liability offence.

The Minister may declare that a restriction under an approved fuel restriction scheme is in force (a fuel restriction) if satisfied that—

there is a shortage, or likely shortage, of fuel; and

the declaration is necessary to—

facilitate, as far as practicable, the provision of efficient, reliable and sustainable fuel supplies to consumers; or

protect the interest of consumers; or

manage the safety and security of the fuel distribution chain; or

protect public safety; or

comply with international agreements or commitments; or

assist a State or another Territory in doing anything mentioned in subparagraphs (i) to (v).

Note State includes the Northern Territory (see Legislation Act, dict, pt 1).

The declaration may state that the restriction applies in relation to 1 or more of the following:

a stated class of people;

a stated amount or type of fuel;

a stated time or day;

any other stated circumstance.

The declaration must state the period (not longer than 3 months) the fuel restriction is in force.

However, if the Minister is satisfied there is no longer a shortage, or likely shortage of fuel, the Minister must repeal the declaration.

A declaration is a notifiable instrument.

Note 1 A notifiable instrument must be notified under the Legislation Act.

Note 2 The power to make a declaration includes the power to amend or repeal the declaration. The power to amend or repeal the declaration is exercisable in the same way, and subject to the same conditions, as the power to make the declaration (see Legislation Act, s 46).

Note 3 Power to make a statutory instrument (including a declaration) includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act, s 48).

A declaration may provide for its commencement on or before the declaration’s notification day.

However—

a declaration may not provide for a commencement date or time that would result in the declaration commencing before it is made; and

a declaration may not commence before it is notified under the Legislation Act unless the Minister is satisfied that the circumstances are of such seriousness and urgency that commencement before notification is necessary.

As soon as possible after making a declaration under section 11 that a fuel restriction is in force, the Minister must ensure that notice of the restriction is—

broadcast in the ACT by television or radio; and

given in a public notice; and

given, in writing, to a fuel seller who—

has given a notice to the director-general under section 10; and

is offering fuel for sale that is subject to the fuel restriction.

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).

A failure to comply with subsection (1) does not affect the validity of the declaration.

This section applies if a fuel seller is given notice of a fuel restriction under section 12 (1) (c).

The fuel seller must ensure that a notice stating that a fuel restriction is in force (a fuel restriction notice) is displayed—

at the fuel seller’s business where fuel subject to the fuel restriction is offered for sale; and

in a place where the notice is reasonably visible to buyers of the fuel before the fuel is bought.

Example

at the bowser

Maximum penalty: 50 penalty units.

An offence against this section is a strict liability offence.

A fuel restriction notice must—

state that—

a fuel restriction is in force; and

penalties for noncompliance with the fuel restriction may apply under this Act; and

further information can be found on an ACT government website; and

be at least A4 size.