Definitions
3 Definitions
In this Act, unless the contrary intention appears —
bulk storage means a storage tank or a number of storage tanks for motor fuel installed at a site;
Commissioner means the person for the time being designated as the Commissioner under section 5;
committee means prices advisory committee established under section 8;
controlled petroleum product means petroleum product the price of which is for the time being regulated under an order;
controlled petroleum service means petroleum service the rate for which is for the time being regulated under an order;
declared petroleum product means petroleum product for the time being declared under section 10;
declared petroleum service means petroleum service for the time being declared under section 10;
Department means the department of the Public Service principally assisting in the administration of this Act;
dispensing equipment means —
in relation to petrol or diesel fuel — a pump that transfers fuel from any bulk storage into the part of a motor vehicle designed to hold that kind of fuel for use in the propulsion of that vehicle; or
in relation to LPG fuel — a device that transfers LPG fuel from any bulk storage into the part of a motor vehicle designed to hold LPG fuel for use in the propulsion of that vehicle;
documents includes books, papers, forms and accounts and any other written records and any device by means of which information is recorded or stored;
franchise agreement has the meaning given by section 3 of the Petroleum Retail Marketing Franchise Act 1980 4 of the Commonwealth;
landed cost means actual cost of petroleum products landed in the store in this State of the person to or for whom or on whose behalf the petroleum products were originally supplied or ordered, or at such other point of delivery as is determined under subsection (3);
LPG means liquefied petroleum gas;
motor fuel means petrol, LPG, or diesel fuel intended for use in propelling motor vehicles;
motor vehicle has the meaning given by the Road Traffic (Administration) Act 2008 section 4;
order means order made under section 12;
paragraph means paragraph of the section or subsection in which the term appears;
Part means Part of this Act;
petroleum means —
any naturally occurring hydrocarbon, whether in a gaseous, liquid or solid state;
any naturally occurring mixture of hydrocarbons, whether in a gaseous, liquid or solid state; or
any naturally occurring mixture of one or more hydrocarbons, whether in a gaseous, liquid or solid state, and one or more of the following, that is to say, hydrogen sulphide, nitrogen, helium, and carbon dioxide;
petroleum product means a product derived from petroleum, but not petroleum itself, except that it does not include —
a product listed in Schedule 1; or
a product that is excluded from this definition by an order under subsection (4),
and it includes LPG (whether motor fuel or not, and whether or not the LPG is petroleum);
petroleum service means service consisting of the provision for reward in accordance with a franchise agreement of any premises, being premises at which motor fuel is —
sold by retail to persons within the State; and
usually dispensed through dispensing equipment;
price, in relation to any goods, or rate, in relation to any service, includes every valuable consideration, whether direct or indirect; and a reference to price includes a reference to rate;
section means section of this Act;
services means services (not being services provided by an employee, in his capacity as such, to his employer) provided by a person in the carrying on of an industrial, commercial, business, profit‑making or remunerative undertaking (including a professional practice), and includes the provision for reward of lodging or of residential, industrial or commercial accommodation;
subsection means subsection of the section in which the term appears.
Expressions used in an order or notice or in any other instrument made, given or issued under this Act shall, unless the contrary intention appears, have the same respective meanings as in this Act.
The Commissioner may from time to time determine a point of delivery for the purpose of the definition of “landed cost” in subsection (1), and may revoke such a determination.
The Minister may, by an order published in the Gazette, exclude a product derived from petroleum but not listed in Schedule 1 from the definition of “petroleum product” in subsection (1), and may subsequently amend or revoke the order by another order published in the Gazette.
[Section 3 amended: No. 72 of 1983 s. 7 and 15; No. 73 of 2000 s. 3; No. 28 of 2006 s. 114; No. 8 of 2012 s. 159; No. 16 of 2025 s. 5.]
4. Relationship to other Acts, etc.
Notwithstanding that by any other Act or law a person or authority is empowered to fix prices or rates in relation to petroleum products or petroleum services, where the provisions of any order are inconsistent with any of the provisions of any other such Act or law, or of any regulation, local law, by‑law, rule or other instrument made thereunder, the provisions of the order prevail.
In the exercise of his powers under this Act, the Commissioner shall have regard to any determination made in relation to the price or rate applicable to any petroleum products or petroleum services under any other Act or law, but is not required to give effect to any such determination.
Regulations made under and for the purpose of this Act may make provision —
for the furnishing of information or documents obtained, and the employment of officers engaged, for the purposes of any other Act or law;
for the implementation of the objects of this Act on behalf of and under the direction of the Commissioner by a person or authority empowered to fix prices or rates under any other Act or law; and
that prices or rates determined under any other Act or law shall continue to have effect as though they had been fixed under an order, and that a contravention of the terms of the determination may be penalized in accordance with those regulations,
notwithstanding the provisions of that other Act or law.
[Section 4 amended: No. 72 of 1983 s. 15; No. 14 of 1996 s. 4; No. 73 of 2000 s. 13.]
This provision refers to the regulations (any regulation
). Made under this Act:
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