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This Act may be cited as the Low Aromatic Fuel Act 2013.
This Act commences on the day this Act receives the Royal Assent.
This Act is about promoting the supply of low aromatic fuel and controlling the supply of other fuels in certain areas in order to reduce potential harm to the health of people, including Aboriginal persons and Torres Strait Islanders, living in those areas from sniffing fuel (see the object of this Act in section 4).
Part 2—Requirements relating to fuels for low aromatic fuel areas and fuel control areas
Division 1 of Part 2 deals with requirements relating to regular unleaded petrol for low aromatic fuel areas, prohibiting the supply of regular unleaded petrol in a low aromatic fuel area.
Division 2 of Part 2 deals with requirements relating to low aromatic fuel for low aromatic fuel areas and fuel control areas. These requirements are determined by the Minister by legislative instrument.
Division 3 of Part 2 deals with requirements for fuels generally for low aromatic fuel areas and fuel control areas. These requirements are determined by the Minister by legislative instrument.
Before making a determination for the purposes of Division 2 or 3 of Part 2, the Minister must be satisfied that making the determination will further the object of this Act.
Part 3—Designating low aromatic fuel areas and fuel control areas
Low aromatic fuel areas and fuel control areas are designated by the Minister under Part 3.
The Minister may only designate an area as a low aromatic fuel area, following appropriate consultation, if satisfied that doing so is reasonably likely to help reduce potential harm from sniffing fuel in that area, and if certain other conditions are satisfied.
The Minister may only designate an area as a fuel control area, following appropriate consultation, if satisfied that doing so is reasonably likely to help reduce potential harm from sniffing fuel in that area or in a low aromatic fuel area, and if certain other conditions are satisfied.
Part 4—Exemptions from requirements of this Act
Under Part 4, the Minister may exempt specified conduct from one or more of the requirements that would otherwise apply under Part 2 in relation to a low aromatic fuel area or a fuel control area.
Part 5—Miscellaneous matters
Part 5 deals with miscellaneous matters, including reviewing the operation of this Act and the power to make regulations.
Other introductory matters
Part 1 contains the Dictionary. The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.
In addition, Part 1 deals with the application of this Act to the Crown and the relationship between this Act and State and Territory laws.
The object of this Act is to enable special measures to be taken to reduce the potential harm to the health of people, including Aboriginal persons and Torres Strait Islanders, living in certain areas from sniffing fuel.
In this Act:
Aboriginal person means a person of the Aboriginal race of Australia.
conduct means an act, an omission to perform an act or a state of affairs.
corporation means a corporation to which paragraph 51(xx) of the Constitution applies.
emergency law means:
the Liquid Fuel Emergency Act 1984; or
a law prescribed by the regulations for the purposes of this definition.
engage in conduct means:
do an act; or
omit to perform an act.
fuel means:
petrol, or any substance that is used as a substitute for petrol; or
a substance of a kind prescribed by the regulations for the purposes of this definition.
fuel control area means an area designated by the Minister under section 15.
low aromatic fuel means:
unleaded petrol that has a research octane number of less than 95, and that has aromatic compounds of less than 5% to help discourage fuel sniffing; or
unleaded petrol of a kind prescribed by the regulations for the purposes of this definition.
low aromatic fuel area means an area designated by the Minister under section 14.
petrol means a petroleum based fuel (whether or not containing ethanol) for spark‑ignition internal combustion engines.
regular unleaded petrol means unleaded petrol that has a research octane number of less than 95, but does not include low aromatic fuel.
supply includes give, distribute, barter and exchange, whether or not for consideration, and whether or not the supply is a wholesale or retail supply.
Torres Strait Islander means a descendant of an Indigenous inhabitant of the Torres Strait Islands.
This Act binds the Crown in each of its capacities.
This Act does not make the Crown liable to be prosecuted for an offence.
The protection in subsection (2) does not apply to an authority of the Crown.
This Act is not intended to exclude the operation of any law of a State or Territory, to the extent that that law is capable of operating concurrently with this Act.
Offence—supplying regular unleaded petrol in low aromatic fuel area
A corporation must not supply regular unleaded petrol to a person if the person is in a low aromatic fuel area.
Penalty: 300 penalty units.
Low aromatic fuel areas are designated by the Minister under section 14.
Offence—transporting regular unleaded petrol for supply in low aromatic fuel area
A corporation must not transport regular unleaded petrol:
intending to supply any of it to a person (the recipient); or
knowing that, or reckless as to whether, another person intends to supply any of it to a third person (the recipient);
if the recipient is in a low aromatic fuel area.
Penalty: 300 penalty units.
Offence—possessing regular unleaded petrol for supply in low aromatic fuel area
A corporation must not possess regular unleaded petrol intending to supply any of it to a person if the person is in a low aromatic fuel area.
Penalty: 300 penalty units.
Exceptions
A corporation does not commit an offence against subsection (1), (2) or (3) by engaging in particular conduct if:
both:
the conduct is exempt under section 17; and
the corporation complies with any conditions of the exemption in engaging in the conduct; or
the corporation engages in the conduct in order to comply with a direction or order under an emergency law.
A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).
Minister may determine requirements
The Minister may, by legislative instrument, determine requirements relating to the following:
communicating information in connection with the supply of low aromatic fuel in, or in relation to, a low aromatic fuel area or fuel control area, including information promoting low aromatic fuel;
making and keeping records relating to the supply, transport, possession or storage of low aromatic fuel in, or in relation to, a low aromatic fuel area or a fuel control area;
giving the Minister specified information relating to the supply, transport, possession or storage of low aromatic fuel in, or in relation to, a low aromatic fuel area or a fuel control area.
Low aromatic fuel areas and fuel control areas are designated by the Minister under sections 14 and 15.
For specification by class, see subsection 13(3) of the Legislation Act 2003.
Without limiting subsection (1), a determination under that subsection may determine requirements in relation to one or more specified areas or areas in a specified class.
Before making a determination under subsection (1), the Minister must be satisfied that making the determination will further the object of this Act.
A corporation must not contravene a requirement determined under section 9.
Penalty: 100 penalty units.
Exceptions
A corporation does not commit an offence against subsection (1) by engaging in particular conduct if both:
the conduct is exempt under section 17; and
the corporation complies with any conditions of the exemption in engaging in the conduct.
A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).
Minister may determine requirements
The Minister may, by legislative instrument, determine requirements relating to the supply, transport, possession or storage of a fuel in, or in relation to, a low aromatic fuel area or a fuel control area.
Low aromatic fuel areas and fuel control areas are designated by the Minister under sections 14 and 15.
Without limiting subsection (1), a determination under that subsection may do any or all of the following:
prohibit (either absolutely or subject to conditions), limit, restrict or otherwise affect the supply, transport, possession or storage, of a fuel in, or in relation to, a low aromatic fuel area or a fuel control area;
require a fuel in a low aromatic fuel area or a fuel control area to be stored or secured in accordance with the determination;
require a fuel in a low aromatic fuel area or a fuel control area to be supplied in a specified kind of container;
specify requirements in relation to communicating information, in accordance with the determination, in connection with a supply of a fuel in, or in relation to, a low aromatic fuel area or a fuel control area;
specify requirements in relation to the information or documentation that a person must provide before a fuel is supplied to the person in a low aromatic fuel area or a fuel control area;
require a person to make and keep records relating to the supply, transport, possession or storage of a fuel in, or in relation to, a low aromatic fuel area or a fuel control area in accordance with the determination;
require a person to give the Minister specified information relating to the supply, transport, possession or storage of a fuel in, or in relation to, a low aromatic fuel area or a fuel control area, including information relating to a suspected offence against this Act.
The paragraphs of subsection (2) do not limit each other.
Without limiting subsection (1), a determination under that subsection may determine requirements in relation to one or more specified areas or areas in a specified class.
Before making a determination under subsection (1), the Minister must be satisfied that making the determination will further the object of this Act.
In making a determination under subsection (1), the Minister must have regard to:
the wellbeing of people, including Aboriginal persons and Torres Strait Islanders, living in and near the area; and
any submissions of the kind referred to in paragraph 13(2)(b); and
any other matter that the Minister considers relevant.
A corporation must not contravene a requirement determined under section 11.
Penalty: 300 penalty units.
Exceptions
A corporation does not commit an offence against subsection (1) by engaging in particular conduct if:
both:
the conduct is exempt under section 17; and
the corporation complies with any conditions of the exemption in engaging in the conduct; or
the corporation engages in the conduct in order to comply with a direction or order under an emergency law.
A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).