Fuel Emergency Act 1977

This Act may be cited as the Fuel Emergency Act 1977.

This Act shall come into operation on the day upon which it receives the Royal Assent.

The Minister, by written notice, may direct a person to give the Minister information, in the person's possession or control, relating to the production, supply, distribution, sale, use or consumption of a fuel.

A notice under subsection (1) must specify—

the kind of fuel (the specified fuel); and

the kind of information that the person must give the Minister; and

the manner and form in which the person must give the Minister the information; and

the date by which the person must give the information to the Minister.

A notice under subsection (1) may be given during a period of emergency.

In addition, a notice under subsection (1) may be given when there is no period of emergency if and only if the Minister is of the view that—

there is or is likely to be a threat to the production, supply or distribution of the specified fuel; and

the kind of information specified in the notice is relevant for the planning of, and preparation for, the production, supply, distribution or sale of the specified fuel to ensure a sufficient amount of the specified fuel will remain available to meet the reasonable requirements of the community.

To avoid doubt, section 41A of the Interpretation of Legislation Act 1984 applies to this section.

A person given confidential or commercially sensitive information under an information notice must not disclose that information.

Subsection (1) does not apply to a disclosure of confidential or commercially sensitive information of the following kind—

a disclosure made with the consent of the person who gave the confidential or commercially sensitive information; or

a disclosure made for the purposes of the exercise of a power or the performance of a function under, or in connection with, this Act or the regulations; or

a disclosure made to the Commonwealth Minister for the purpose of administering the Liquid Fuel Emergency Act 1984 of the Commonwealth; or

a disclosure made by the Minister for the purposes of any arrangement entered into by the Minister and the Commonwealth Minister under section 15(1) of the Liquid Fuel Emergency Act 1984 of the Commonwealth; or

a disclosure made in the performance of a function or exercise of a power under the Liquid Fuel Emergency Act 1984 of the Commonwealth that is delegated, under section 49 of that Act, to—

the Minister; or

an officer or employee of the State; or

a person who constitutes, is a member of, or is employed by, an authority established by or under a law of Victoria; or

a disclosure made to a court or tribunal in the course of legal proceedings; or

a disclosure made pursuant to an order of a court or tribunal; or

a disclosure of confidential or commercially sensitive information that is in the public domain at the time of the disclosure.

Where at any time it appears to the Governor in Council that any action has been taken or is immediately threatened by any person or body of persons or an event has occurred or is about to occur whereby any kind of fuel is or is likely to become unavailable to meet the reasonable requirements of the community and that a state of emergency exists or is likely to exist in relation to that fuel the Governor in Council may by proclamation published in the Government Gazette declare that a state of emergency exists in relation to that fuel.

Any such proclamation in relation to any fuel may be limited therein as to time place and circumstance.

No such proclamation shall be in force for more than 3 months, without prejudice to the issue of another proclamation of emergency before at or after the end of that period.

Any such proclamation may be revoked—

by a proclamation of the Governor in Council published in the Government Gazette; or

by a resolution passed by either House of the Parliament.

If—

at the time of the publication in the Government Gazette of any proclamation of emergency Parliament is not sitting; and

a petition signed by not less than twenty members of the Legislative Assembly or by not less than thirty members of Parliament all or any of whom are members of the Legislative Council objecting to such proclamation and requesting that Parliament should be summoned is addressed to the Speaker of the Legislative Assembly or the President of the Legislative Council—

During a period of emergency the Minister may in relation to the production supply distribution sale use or consumption of the fuel to which the period of emergency relates provide operate control regulate and direct any service (whether by way of continuation or modification of, or substitution for, any service theretofore provided).

The Minister may employ at not less than award rates such persons in such numbers and upon such terms as appear to him to be necessary for the carrying into effect of the powers referred to in the last preceding subsection.

Without limiting the generality of the foregoing provisions of this section the Minister may by notice in writing in relation to a fuel in respect of which a period of emergency is in force—

give such directions as are necessary to control direct restrict or prohibit the production supply distribution sale use or consumption of the fuel;

direct a person who extracts produces transports or distributes the fuel to extract it for or produce it transport or distribute it to a person specified in the direction;

direct a person to comply with such terms and conditions as the Minister determines relating to the extracting production supply distribution sale use or consumption of the fuel;

direct that a person to whom that fuel is provided or transported accept the fuel so provided or transported;

direct what services shall be maintained and upon what terms and conditions they shall operate;

direct persons and bodies to operate and maintain services to the extent and upon the terms specified in the direction;

direct at what times and places and upon what terms and conditions and in what manner services may be used or availed of;

prohibit the operation or use of services except, if so specified in the prohibition, with the consent of the Minister;

requisition the use of property of any kind which is used or may be used for or in connexion with the operation or maintenance of any service;

provide for or control, by direction prohibition or requisition, the operation use disposal distribution storage repair upkeep and maintenance of any property or commodity used or which may be used for or in connexion with any service;

by notice in writing authorize a person specified in the notice to enter any land building or structure used for or in connexion with the provision of services;

provide, by direction prohibition or requisition, for any matter or thing incidental to the carrying into effect of the powers referred to in this section.

Every body and every person to which or to whom any direction (other than an information direction) prohibition or requisition is addressed or directed under this Act shall comply with such direction prohibition or requisition.

Such a direction prohibition or requisition may be addressed or directed to bodies and persons generally or particularly, in writing or verbally, by publication or advertisement or by any other means or in any other manner which appear or appears to the Minister to be practicable appropriate or expedient in the circumstances.

The Minister may in relation to any matter or class of matters or in relation to any part of Victoria by writing under his hand delegate all or any of his powers and functions under this Act (except this power of delegation) so that the delegated powers or functions may be exercised by the delegate with respect to the matters or class of matters or part of Victoria specified in the instrument of delegation.

Every delegation under this section shall be revocable at will and no delegation shall prevent the exercise of any power or function by the Minister.

Any direction (other than an information direction) prohibition or requisition under this Act—

may be made so as to apply to or have operation throughout the whole or any part of Victoria;

may subject to this Act be made so as to operate for any period or periods or for any time or times or for any occasion or occasions specified therein;

may be of general operation or of specially limited operation according to time place circumstances conditions or restrictions;

may be revoked by the Minister or by a resolution passed by either House of Parliament; and

shall have effect as if enacted in this Act.

The expiry or revocation of any direction (other than an information direction) prohibition or requisition under this Act shall not be deemed to have affected the previous operation thereof or the validity of any action taken thereunder or any penalty or punishment incurred in respect of any contravention of or failure to comply therewith or any proceeding or remedy in respect of any such penalty or punishment.

Any person or body of persons who or which as the result of compliance with any direction (other than an information direction) prohibition or requisition addressed or directed under this Act to him or it or while complying with or being engaged in the carrying into effect of any such direction prohibition or requisition suffers loss damage or injury for which he is not otherwise indemnified shall be entitled to compensation under this Act.

Every claim for compensation under this Act shall be made in a form and within a time approved by the Governor in Council.

In default of agreement as to the amount of compensation between the Minister and the claimant the Minister shall direct that the matter be referred to arbitration before a sole arbitrator who shall, where the claim is for an amount greater than $1000, be a County Court judge nominated by the Governor in Council and in any other case be a magistrate so nominated.

Save as aforesaid the provisions of the Commercial Arbitration Act 2011 shall apply with respect to such arbitration and the Minister's direction shall be deemed to be the arbitration agreement under the said Act and the Minister and the claimant shall be deemed to be the parties thereto.

Any person or body who or which contravenes or fails to comply with any direction (other than an information direction) prohibition or requisition or any regulation under this Act shall be guilty of an offence against this Act.

Every person or body who or which is guilty of an offence against this Act shall where no other penalty is expressly provided be liable to a penalty of not more than in the case of a natural person, 120 penalty units and in the case of a body corporate, 2500 penalty units..