Whole Act
114 provisions in continuous reading order
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This Act may be cited as the Fuel Quality Standards Act 2000.
This Act commences on a day or days to be fixed by Proclamation.
The objects of this Act are to:
regulate the quality of fuel supplied in Australia in order to:
reduce the level of pollutants and emissions arising from the use of fuel that may cause environmental and health problems; and
facilitate the adoption of better engine technology and emission control technology; and
allow the more effective operation of engines; and
ensure that, where appropriate, information about fuel is provided when the fuel is supplied.
In this Act, unless the contrary intention appears:
approval means an approval under section 13.
Australia, when used in a geographical sense, includes the external Territories (other than Norfolk Island).
business premises means premises that:
are used for, or in connection with, the supply of fuel or a fuel additive; and
are open to the public on a regular basis.
civil penalty provision means a subsection, or a section that is not divided into subsections, that has set out at its foot the words “civil penalty” and one or more amounts in penalty units.
Commonwealth entity means any of the following:
the Commonwealth;
a body corporate established for a public purpose by or under an Act;
a company in which a controlling interest is held by any one of the following persons, or by 2 or more of the following persons together:
the Commonwealth;
a body covered by paragraph (b).
constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.
constitutional trade or commerce means trade or commerce:
among the States; or
between a State and a Territory; or
between 2 Territories.
court means any court.
Court means:
the Federal Court of Australia; or
the Supreme Court of a State or Territory.
emergency approval means an approval referred to in subsection 13(2).
emergency law means:
the Liquid Fuel Emergency Act 1984; or
a law specified in an instrument made under subsection (2).
enforcement warrant means:
a warrant issued under section 60; or
a warrant signed by a magistrate under section 61.
evidential material means:
in relation to an offence against this Act:
a thing with respect to which the offence has been committed or is suspected, on reasonable grounds, of having been committed; or
a thing that there are reasonable grounds for suspecting will afford evidence as to the commission of the offence; or
a thing that there are reasonable grounds for suspecting is intended to be used for the purpose of committing the offence; and
in relation to a contravention of a civil penalty provision:
a thing with respect to which the civil penalty provision has been contravened or is suspected, on reasonable grounds, of having been contravened; or
a thing that there are reasonable grounds for suspecting will afford evidence as to the contravention of the civil penalty provision; or
a thing that there are reasonable grounds for suspecting is intended to be used for the purpose of contravening the civil penalty provision.
fuel has the meaning given by the regulations.
fuel additive has the meaning given by the regulations.
fuel quality information standard means a standard under section 22A.
fuel standard means a standard under section 21.
See also section 5.
Fuel Standards Consultative Committee means the committee established by section 24.
infringement notice means an infringement notice given under section 65L.
inspector means a person appointed as an inspector under section 38.
monitoring warrant means a warrant issued under section 59.
offence against this Act includes an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act.
See also section 11.6 of the Criminal Code.
premises means:
an area of land or any other place (whether or not it is enclosed or built on); or
a building or other structure; or
a vehicle, vessel or aircraft; or
a part of any such premises.
Register means the Register of Prohibited Fuel Additives kept under section 32.
regulated person has the meaning given by subsection 13(1).
Secretary means the Secretary of the Department.
supply means supply (including re‑supply) by way of sale, exchange or gift.
thing includes a substance, and a thing in electronic or magnetic form.
warrant means a monitoring warrant or an enforcement warrant.
The Minister may, by legislative instrument, specify a law of the Commonwealth, a State or a Territory for the purposes of the definition of emergency law in subsection (1).
A reference in this Act to a fuel standard, in relation to a supply of fuel, is a reference to the standard as it applies in relation to the area in which the supply occurs.
A fuel standard may apply more stringently in respect of supplies of the fuel in particular areas in Australia: see subsection 21(2).
This Act binds the Crown in each of its capacities.
However, nothing in this Act makes the Crown liable to a pecuniary penalty or to be prosecuted for an offence.
This Act extends to every external Territory other than Norfolk Island.
The provisions of this Act are in addition to, and not in substitution for, the requirements of any other law of the Commonwealth.
Subject to this section, it is the intention of the Parliament that this Act is not to apply to the exclusion of a law of a State or Territory to the extent that the law is capable of operating concurrently with this Act.
It is the intention of the Parliament that, to the extent prescribed by the regulations, this Act is to apply to the exclusion of a law of a State or Territory relating to:
the supply of fuel that is the subject of a fuel standard; or
a supply of fuel that is subject to a fuel quality information standard.
This Part sets out a regulatory regime in relation to activities involving fuel and fuel additives.
Division 2 creates offences and civil penalty provisions relating to supplying fuel that does not comply with fuel standards and to supplies of fuel that do not comply with fuel quality information standards.
Division 3 deals with the granting of approvals (including emergency approvals) to vary a fuel standard or a fuel quality information standard. It also deals with varying and revoking those approvals.
Division 4 deals with fuel documentation that is required for certain supplies of fuel in Australia.
Division 5 creates an offence and a civil penalty provision relating to the alteration of fuel.
Division 6 deals with the making and varying of fuel standards and fuel quality information standards and the consultation required beforehand. In some cases, notification, rather than consultation, is required.
Division 7 creates offences and civil penalty provisions relating to the supply or importation of a fuel additive that is covered by an entry in the Register of Prohibited Fuel Additives.
Division 8 deals with keeping the Register and the process to be followed before entries are made in it.
A person commits an offence if:
the person supplies fuel in Australia that is the subject of a fuel standard; and
in the case where the fuel standard specifies the circumstances in which the standard applies—the person supplies the fuel in Australia in those circumstances; and
the person is a constitutional corporation or a Commonwealth entity or the person supplies the fuel in the course of constitutional trade or commerce; and
the fuel does not comply with the standard; and
either:
if the person holds an approval that varies the standard in respect of the supply—the fuel does not comply with the standard as varied; or
if another person holds an approval that varies the standard in respect of the supply by the person—the fuel does not comply with the standard as varied; and
the supply is not in order to comply with a direction or order under an emergency law.
Penalty: 500 penalty units.
However, the person does not commit the offence if the person believes on reasonable grounds that the fuel that is supplied will be further processed for the purpose of bringing the fuel into compliance with the standard or the standard as varied.
A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.
Subsection (1) is an offence of strict liability.
For strict liability, see section 6.1 of the Criminal Code.
A person contravenes this subsection if:
the person supplies fuel in Australia that is the subject of a fuel standard; and
in the case where the fuel standard specifies the circumstances in which the standard applies—the person supplies the fuel in Australia in those circumstances; and
the person is a constitutional corporation or a Commonwealth entity or the person supplies the fuel in the course of constitutional trade or commerce; and
the fuel does not comply with the standard; and
either:
if the person holds an approval that varies the standard in respect of the supply—the fuel does not comply with the standard as varied; or
if another person holds an approval that varies the standard in respect of the supply by the person—the fuel does not comply with the standard as varied; and
the supply is not in order to comply with a direction or order under an emergency law.
Civil penalty:
for an individual—500 penalty units; and
for a body corporate—2,500 penalty units.
However, the person does not contravene subsection (1) if the person believes on reasonable grounds that the fuel that is supplied will be further processed for the purpose of bringing the fuel into compliance with the standard or the standard as varied.