Fair Trading Act 1987

The Secretary may, by order published on the NSW legislation website, establish a scheme for the publication of standard retail prices of prescribed fuel available for the fuelling of motor vehicles at service stations on an ongoing and up-to-date basis.

Without limiting subsection (1), the order may—

specify requirements for the registration of service stations or service station operators for the purposes of the scheme or apply the scheme to persons, or persons of a specified class, registered under the Biofuels Act 2007, and

specify requirements for the notification of the standard retail price of each kind of fuel available at a service station for the fuelling of motor vehicles and the date and time from which the notified price is the standard retail price for the fuel, and

specify requirements for the notification of—

a type of fuel ordinarily available for retail sale at a service station for the fuelling of motor vehicles becoming unavailable, and

the date and time from which the fuel is unavailable.

The Secretary may arrange for information notified under the order to be published as the Secretary thinks fit, including by making it available on a website, through a telecommunication system or by any other means.

The operator of a service station is guilty of an offence if—

the operator contravenes a requirement of an order under this section in relation to—

a matter referred to in subsection (2)(a), or

a matter referred to in subsection (2)(b), or

a matter referred to in subsection (2)(c), or

a type of prescribed fuel is offered for retail sale for the fuelling of motor vehicles at the service station at a standard retail price other than the price notified as being in effect at the time of the offer in accordance with an order under this section.

for an individual—500 penalty units, or

otherwise—1,000 penalty units.

It is a defence to a prosecution for an offence against subsection (4) if the defendant proves that the commission of the offence was due to causes over which the defendant had no control and that the defendant took reasonable precautions and exercised due diligence to prevent the commission of the offence.

In this section—

petrol, being a petroleum-based fuel (whether or not containing ethanol) for spark-ignition internal combustion engines that is sold as petrol or as petrol-ethanol blend, but does not include diesel fuel, aviation fuel or liquid petroleum gas,

diesel fuel, being a petroleum-based fuel (whether or not containing biodiesel) for internal combustion engines that is sold as diesel fuel or as a biodiesel blend,

liquefied petroleum gas,

liquefied natural gas,

compressed gas,

hydrogen,

any fuel specified in a preceding paragraph that is combined with another such fuel or other substance,

electricity.

for hydrogen—the price per kilogram at which the fuel is available to retail customers, without discounts or special offers,

for electricity—the price calculated in accordance with arrangements approved by the Secretary by order published on the NSW legislation website,

otherwise—the price per litre at which the fuel is available to retail customers, without discounts or special offers.

A reference in this section to the fuelling of a motor vehicle includes a reference to the charging of a battery, or other energy storage device, used to power the motor of an electric motor vehicle.