Notional sale and purchase (section 4D)
5 Notional sale and purchase (section 4D)
If the holder of a wholesale licence referred to in Part 2 of the Act delivers petroleum products to premises at which petroleum products are sold by retail under a retail licence by another person who is the holder of the retail licence, then, for the purposes of section 53 of the Act, the following are to be taken to occur:
a sale of the petroleum products by wholesale by the holder of the wholesale licence;
a purchase of the petroleum products by the holder of the retail licence for sale under the licence.
If—
a person is a manufacturer or importer of eligible petroleum products; and
the person holds a wholesale licence and a bulk end user certificate; and
eligible petroleum products manufactured or imported by the person or supplied to the person by another manufacturer or importer are delivered or allocated by the person for the person's own use as a bulk end user (but not for sale as a bulk end user), then, for the purposes of section 53 of the Act, the following are to be taken to occur:
a sale of the petroleum products by the person under the wholesale licence to the holder of a bulk end user certificate;
a purchase of the petroleum products by the person under the certificate.
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