Fuel Quality Standards Act 2000 (Cth)

Fuel Quality Standards Act 2000 No. 153, 2000 Compilation No. 10 Compilation date: 14 October 2024 Includes amendments: Act No. 39, 2024 About this compilation This compilation This is a compilation of the Fuel Quality Standards Act 2000 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Objects of Act 4 Definitions 5 Applicable fuel standard for fuel supplies 6 Act binds the Crown 7 External Territories 8 Relationship to other Commonwealth laws 9 Relationship to State and Territory laws Part 2—Regulation of fuel and fuel additives Division 1—Overview 11 Overview of Part Division 2—Supply of fuel 12 Offence—supplying fuel that does not comply with fuel standards 12AA Civil penalty—supplying fuel that does not comply with fuel standards 12A Offence—supplying fuel that does not comply with fuel quality information standards 12B Civil penalty—supplying fuel that does not comply with fuel quality information standards Division 3—Approvals Subdivision A—Grant of approval 13 Grant of approval 13A Period of effect of approval 14 Application for approval 15 Criteria for granting approval 16 Conditions of approval 17 Condition about informing people of obligations 17A Approvals and reasons for approvals to be made public 17B Notification of refusal to grant approval Subdivision B—Variation of approval 17C Variation of approval—general 17D Variation of approval—Secretary's initiative 17E Variation of approval—adding regulated persons 17F Variation of approval—extended period of effect of emergency approval Subdivision C—Revoking an approval 17G Revoking an approval Subdivision D—Contravening conditions of approval 18 Offences—contravening conditions of approval 18A Civil penalties—contravening conditions of approval Division 4—Fuel documentation 19 Offence—supplying fuel without documentation 19A Civil penalty—supplying fuel without documentation Division 5—Alteration of fuel 20 Offence—altering fuel the subject of a fuel standard 20A Civil penalty—altering fuel the subject of a fuel standard Division 6—Fuel standards and fuel quality information standards 21 Making fuel standards 22 Guidelines for more stringent fuel standards 22A Making fuel quality information standards 24 Fuel Standards Consultative Committee 24A Consultation—general 24B Consultation—extended period of effect of emergency approval 24C Notification 25 Membership of Committee 26 Procedures of Committee 28 Remuneration 29 Appointment conditions of committee members Division 7—Supply and importation of fuel additives 30 Offence—supplying a fuel additive 30A Civil penalty—supplying a fuel additive 31 Offence—importing a fuel additive 31A Civil penalty—importing a fuel additive Division 8—Register of Prohibited Fuel Additives 32 Minister to keep Register 33 Inspection of the Register 34 Notice of proposed entries in the Register 35 Minister to consider submissions and make a decision 36 Guidelines for making a decision Part 3—Enforcement Division 1—Overview 37 Overview of Part Division 2—Appointment of inspectors and identity cards 38 Appointment of inspectors 39 Identity card Division 3—Monitoring powers 40 Powers available to inspectors for monitoring compliance 41 Monitoring powers—with consent or with warrant 41A Exercise of powers in public areas of business premises 42 Inspector on premises under monitoring warrant may require persons to answer questions etc. Division 4—Search and seizure powers 43 Searches and seizures 44 Search and seizure powers Division 5—Obligations and incidental powers of inspectors 45 Inspector must produce identity card on request 46 Consent 47 Announcement before entry 48 Details of warrant to be given to occupier etc. 49 Use of electronic equipment already at premises 50 Securing electronic equipment for use by experts 51 Compensation for damage to electronic equipment Division 6—Occupier's rights and responsibilities 52 Occupier entitled to be present during search 53 Occupier to provide inspector with all facilities and assistance Division 7—General provisions relating to seizure 54 Copies of seized things to be provided 55 Receipts for things seized 56 Return of seized things 57 Magistrate may permit a thing to be retained 58 Disposal of goods if there is no owner or owner cannot be located Division 7A—Analysing samples taken under this Part etc. 58A How sample is to be dealt with 58B Evidentiary certificates in relation to certain matters Division 8—Warrants 59 Monitoring warrants 60 Enforcement warrants 61 Enforcement warrants by telephone, telex, fax etc. 62 Offences relating to warrants Division 9—Powers of magistrates 63 Powers conferred on magistrates in their personal capacity 64 Immunity of magistrates Division 10—Injunctions 65 Injunctions Division 11—Civil penalties Subdivision A—Obtaining an order for a civil penalty 65A Court may order person to pay pecuniary penalty for contravening civil penalty provision 65B Persons involved in contravening civil penalty provision 65C Recovery of a pecuniary penalty 65D Gathering information for application for pecuniary penalty Subdivision B—Civil penalty proceedings and criminal proceedings 65E Civil proceedings after criminal proceedings 65F Criminal proceedings during civil proceedings 65G Criminal proceedings after civil proceedings 65H Evidence given in proceedings for penalty not admissible in criminal proceedings 65J Civil double jeopardy Subdivision C—Miscellaneous 65K Multiple contraventions of civil penalty provisions Division 12—Infringement notices 65L When an infringement notice may be given 65M Matters to be included in an infringement notice 65N Extension of time to pay penalty 65P Withdrawal of an infringement notice 65Q Effect of payment of penalty 65R Effect of this Division 65S Regulations Division 13—Enforceable undertakings 65T Acceptance of undertakings 65U Enforcement of undertakings Part 4—Record keeping and reporting obligations 66 Offence—failure to keep and maintain records 66A Civil penalty—failure to keep and maintain records 67 Annual statements Part 5—Other matters 67A Disclosure of information 68 Delegation by Minister 69 Delegation by Secretary 70 Review of decisions 71 Annual report 72 Review of operation of Act 73 Regulations Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to regulate activities involving fuel and fuel additives, and for related purposes Part 1—Preliminary 1 Short title This Act may be cited as the Fuel Quality Standards Act 2000. 2 Commencement This Act commences on a day or days to be fixed by Proclamation. 3 Objects of Act The objects of this Act are to: (a) regulate the quality of fuel supplied in Australia in order to: (i) reduce the level of pollutants and emissions arising from the use of fuel that may cause environmental and health problems; and (ii) facilitate the adoption of better engine technology and emission control technology; and (iii) allow the more effective operation of engines; and (b) ensure that, where appropriate, information about fuel is provided when the fuel is supplied. 4 Definitions (1) In this Act, unless the contrary intention appears: approval means an approval under section 13. Australia, when used in a geographical sense, includes the external Territories (other than Norfolk Island). business premises means premises that: (a) are used for, or in connection with, the supply of fuel or a fuel additive; and (b) are open to the public on a regular basis. civil penalty provision means a subsection, or a section that is not divided into subsections, that has set out at its foot the words "civil penalty" and one or more amounts in penalty units. Commonwealth entity means any of the following: (a) the Commonwealth; (b) a body corporate established for a public purpose by or under an Act; (c) a company in which a controlling interest is held by any one of the following persons, or by 2 or more of the following persons together: (i) the Commonwealth; (ii) a body covered by paragraph (b). constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies. constitutional trade or commerce means trade or commerce: (a) among the States; or (b) between a State and a Territory; or (c) between 2 Territories. court means any court. Court means: (a) the Federal Court of Australia; or (b) the Supreme Court of a State or Territory. emergency approval means an approval referred to in subsection 13(2). emergency law means: (a) the Liquid Fuel Emergency Act 1984; or (b) a law specified in an instrument made under subsection (2). enforcement warrant means: (a) a warrant issued under section 60; or (b) a warrant signed by a magistrate under section 61. evidential material means: (a) in relation to an offence against this Act: (i) a thing with respect to which the offence has been committed or is suspected, on reasonable grounds, of having been committed; or (ii) a thing that there are reasonable grounds for suspecting will afford evidence as to the commission of the offence; or (iii) a thing that there are reasonable grounds for suspecting is intended to be used for the purpose of committing the offence; and (b) in relation to a contravention of a civil penalty provision: (i) a thing with respect to which the civil penalty provision has been contravened or is suspected, on reasonable grounds, of having been contravened; or (ii) a thing that there are reasonable grounds for suspecting will afford evidence as to the contravention of the civil penalty provision; or (iii) a thing that there are reasonable grounds for suspecting is intended to be used for the purpose of contravening the civil penalty provision. fuel has the meaning given by the regulations. fuel additive has the meaning given by the regulations. fuel quality information standard means a standard under section 22A. fuel standard means a standard under section 21. Note: See also section 5. Fuel Standards Consultative Committee means the committee established by section 24. infringement notice means an infringement notice given under section 65L. inspector means a person appointed as an inspector under section 38. monitoring warrant means a warrant issued under section 59. offence against this Act includes an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act. Note: See also section 11.6 of the Criminal Code. premises means: (a) an area of land or any other place (whether or not it is enclosed or built on); or (b) a building or other structure; or (c) a vehicle, vessel or aircraft; or (d) a part of any such premises. Register means the Register of Prohibited Fuel Additives kept under section 32. regulated person has the meaning given by subsection 13(1). Secretary means the Secretary of the Department. supply means supply (including re‑supply) by way of sale, exchange or gift. thing includes a substance, and a thing in electronic or magnetic form. warrant means a monitoring warrant or an enforcement warrant. (2) The Minister may, by legislative instrument, specify a law of the Commonwealth, a State or a Territory for the purposes of the definition of emergency law in subsection (1). 5 Applicable fuel standard for fuel supplies A reference in this Act to a fuel standard, in relation to a supply of fuel, is a reference to the standard as it applies in relation to the area in which the supply occurs. Note: A fuel standard may apply more stringently in respect of supplies of the fuel in particular areas in Australia: see subsection 21(2). 6 Act binds the Crown (1) This Act binds the Crown in each of its capacities. (2) However, nothing in this Act makes the Crown liable to a pecuniary penalty or to be prosecuted for an offence. 7 External Territories This Act extends to every external Territory other than Norfolk Island. 8 Relationship to other Commonwealth laws The provisions of this Act are in addition to, and not in substitution for, the requirements of any other law of the Commonwealth. 9 Relationship to State and Territory laws (1) Subject to this section, it is the intention of the Parliament that this Act is not to apply to the exclusion of a law of a State or Territory to the extent that the law is capable of operating concurrently with this Act. (2) It is the intention of the Parliament that, to the extent prescribed by the regulations, this Act is to apply to the exclusion of a law of a State or Territory relating to: (a) the supply of fuel that is the subject of a fuel standard; or (b) a supply of fuel that is subject to a fuel quality information standard. Part 2—Regulation of fuel and fuel additives Division 1—Overview 11 Overview of Part This Part sets out a regulatory regime in relation to activities involving fuel and fuel additives. Division 2 creates offences and civil penalty provisions relating to supplying fuel that does not comply with fuel standards and to supplies of fuel that do not comply with fuel quality information standards. Division 3 deals with the granting of approvals (including emergency approvals) to vary a fuel standard or a fuel quality information standard. It also deals with varying and revoking those approvals. Division 4 deals with fuel documentation that is required for certain supplies of fuel in Australia. Division 5 creates an offence and a civil penalty provision relating to the alteration of fuel. Division 6 deals with the making and varying of fuel standards and fuel quality information standards and the consultation required beforehand. In some cases, notification, rather than consultation, is required. Division 7 creates offences and civil penalty provisions relating to the supply or importation of a fuel additive that is covered by an entry in the Register of Prohibited Fuel Additives. Division 8 deals with keeping the Register and the process to be followed before entries are made in it. Division 2—Supply of fuel 12 Offence—supplying fuel that does not comply with fuel standards (1) A person commits an offence if: (a) the person supplies fuel in Australia that is the subject of a fuel standard; and (aa) in the case where the fuel standard specifies the circumstances in which the standard applies—the person supplies the fuel in Australia in those circumstances; and (b) the person is a constitutional corporation or a Commonwealth entity or the person supplies the fuel in the course of constitutional trade or commerce; and (c) the fuel does not comply with the standard; and (e) either: (i) if the person holds an approval that varies the standard in respect of the supply—the fuel does not comply with the standard as varied; or (ii) if another person holds an approval that varies the standard in respect of the supply by the person—the fuel does not comply with the standard as varied; and (f) the supply is not in order to comply with a direction or order under an emergency law. Penalty: 500 penalty units. (2) However, the person does not commit the offence if the person believes on reasonable grounds that the fuel that is supplied will be further processed for the purpose of bringing the fuel into compliance with the standard or the standard as varied. Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code. (3) Subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 12AA Civil penalty—supplying fuel that does not comply with fuel standards (1) A person contravenes this subsection if: (a) the person supplies fuel in Australia that is the subject of a fuel standard; and (b) in the case where the fuel standard specifies the circumstances in which the standard applies—the person supplies the fuel in Australia in those circumstances; and (c) the person is a constitutional corporation or a Commonwealth entity or the person supplies the fuel in the course of constitutional trade or commerce; and (d) the fuel does not comply with the standard; and (e) either: (i) if the person holds an approval that varies the standard in respect of the supply—the fuel does not comply with the standard as varied; or (ii) if another person holds an approval that varies the standard in respect of the supply by the person—the fuel does not comply with the standard as varied; and (f) the supply is not in order to comply with a direction or order under an emergency law. Civil penalty: (a) for an individual—500 penalty units; and (b) for a body corporate—2,500 penalty units. (2) However, the person does not contravene subsection (1) if the person believes on reasonable grounds that the fuel that is supplied will be further processed for the purpose of bringing the fuel into compliance with the standard or the standard as varied. 12A Offence—supplying fuel that does not comply with fuel quality information standards (1) A person commits an offence if: (a) the person supplies fuel in Australia; and (b) the person is a constitutional corporation or a Commonwealth entity or the person supplies the fuel in the course of constitutional trade or commerce; and (c) the supply is subject to a fuel quality information standard; and (d) the supply does not comply with the fuel quality information standard; and (e) either: (i) if the person holds an approval that varies the fuel quality information standard in respect of the supply—the supply does not comply with the fuel quality information standard as varied; or (ii) if another person holds an approval that varies the fuel quality information standard in respect of the supply by the person—the supply does not comply with the fuel quality information standard as varied; and (f) the supply is not in order to comply with a direction or order under an emergency law. Penalty: 60 penalty units. (2) Subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 12B Civil penalty—supplying fuel that does not comply with fuel quality information standards A person contravenes this section if: (a) the person supplies fuel in Australia; and (b) the person is a constitutional corporation or a Commonwealth entity or the person supplies the fuel in the course of constitutional trade or commerce; and (c) the supply is subject to a fuel quality information standard; and (d) the supply does not comply with the fuel quality information standard; and (e) either: (i) if the person holds an approval that varies the fuel quality information standard in respect of the supply—the supply does not comply with the fuel quality information standard as varied; or (ii) if another person holds an approval that varies the fuel quality information standard in respect of the supply by the person—the supply does not comply with the fuel quality information standard as varied; and (f) the supply is not in order to comply with a direction or order under an emergency law. Civil penalty: (a) for an individual—60 penalty units; and (b) for a body corporate—300 penalty units. Division 3—Approvals Subdivision A—Grant of approval 13 Grant of approval (1) The Minister may grant to any person an approval in writing that varies a fuel standard or a fuel quality information standard in a specified way in respect of specified supplies of the fuel by: (a) that person; or (b) any other specified person (a regulated person). (2) Subject to subsection (3), the Minister may grant a type of approval under subsection (1), known as an emergency approval, if the Minister is satisfied that: (a) a shortfall in the supply of a fuel will exist within two weeks; and (b) the shortfall will have a serious impact on: (i) the interests of consumers; or (ii) economic or regional development; and (c) the shortfall will not reasonably be met by one or more persons (other than the applicant for the approval), either separately or together; and (d) granting the approval will enable, or assist in enabling, the shortfall to be met or mitigated; and (e) the shortfall will exist because of exceptional circumstances. Note: Before granting an emergency approval, the Minister must notify, rather than consult, the Fuel Standards Consultative Committee: see subsections 24A(1) and 24C(1). (3) The Minister must not grant an emergency approval in respect of a particular shortfall in the supply of a fuel if the Minister has previously granted an emergency approval in respect of that shortfall. (4) If an application for an approval is made and the Minister does not grant an approval, the Minister must refuse to grant the approval. (5) If: (a) an application for an approval (other than an emergency approval) is made; and (b) within 21 days of receiving any recommendations of the Fuel Standards Consultative Committee arising out of the consultation required by section 24A, the Minister neither grants, nor refuses to grant, the approval; the Minister is taken to have refused to grant the approval. (6) An approval granted under subsection (1) is not a legislative instrument. 13A Period of effect of approval (1) An approval comes into force on the day specified in the approval. (2) An approval (other than an emergency approval) remains in force for the period specified in the approval, unless earlier revoked. (3) Subject to subsection (4), an emergency approval remains in force for the shorter of the following periods, unless earlier revoked: (a) the period specified in the approval; (b) 14 days. (4) If an emergency approval is varied under section 17F, at the end of the period for which the approval remained in force (whether because of subsection (3) or this subsection) the approval continues in force for the shorter of the following periods, unless earlier revoked: (a) the period specified in the approval; (b) 14 days. 14 Application for approval (1) An application for an approval must be made in accordance with the regulations. (2) The application must be accompanied by the application fee (if any) prescribed by the regulations. (3) If the Minister is required by paragraph 24A(1)(a) to consult the Fuel Standards Consultative Committee before granting an approval, the Secretary must, within 90 days of an application for such an approval being made, give to the Committee: (a) a copy of: (i) the application; and (ii) any document accompanying it; and (b) any other material or information that the Secretary considers relevant (including material or information that has become available since the application was made). 15 Criteria for granting approval (1) The Minister must have regard to the following when deciding whether or not to grant an approval: (a) the protection of the environment; (b) the protection of occupational and public health and safety; (c) the interests of consumers; (d) the impact on economic and regional development. (2) The Minister may also have regard to any other matters he or she considers relevant. 16 Conditions of approval (1) An approval is subject to the following conditions: (a) the conditions set out in section 17; (b) any conditions specified in the approval. (2) A condition specified in the approval need not relate to the supply of the fuel. However, the Minister must be satisfied that the condition promotes the objects of this Act. 17 Condition about informing people of obligations (1) It is a condition of an approval that its holder, within the period prescribed by the regulations, inform any regulated person, to whom a particular condition of the approval applies, of the following: (a) the particular condition, including any variation of it; (b) any revocation of the approval. (2) Requirements in relation to the manner in which information is provided under subsection (1) may be prescribed by the regulations. (3) If such requirements are prescribed, it is a condition of the approval that its holder comply with the requirements. 17A Approvals and reasons for approvals to be made public As soon as practicable after granting an approval under section 13, the Minister must cause to be published in the Gazette a notice containing the following information: (a) the name of the person to whom the approval has been granted; (b) the period of operation of the approval; (c) details of the approved variation of the fuel standard or fuel quality information standard; (d) reasons for granting the approval. 17B Notification of refusal to grant approval If the Minister refuses, or is taken to refuse, to grant an approval, the Minister must, as soon as practicable, notify the person who applied for the approval, in writing, of the refusal. Subdivision B—Variation of approval 17C Variation of approval—general (1) Except as provided by this Subdivision, an approval (other than an emergency approval) may be varied in accordance with subsection 33(3) of the Acts Interpretation Act 1901. (2) An emergency approval may only be varied as provided by this Subdivision. 17D Variation of approval—Secretary's initiative (1) The Minister may vary an approval on the Secretary's initiative. (2) If the variation is of a minor nature: (a) the Minister may, in writing, vary the approval; and (b) the Minister must cause to be published in the Gazette a notice containing the following information: (i) the name of the person to whom the approval was granted; (ii) the nature of the variation; (iii) the period of operation of the approval; (iv) reasons for the variation. (3) Any other variation of an approval on the Secretary's initiative (other than a variation covered by section 17F) must be made in accordance with subsection 33(3) of the Acts Interpretation Act 1901, except that an application for the variation is not required. 17E Variation of approval—adding regulated persons (1) A person (the applicant) may apply, in writing, for an approval to be varied so that one or more regulated persons are added to the approval. (2) The Minister may, in writing, vary the approval accordingly. (3) As soon as practicable after varying an approval under this section, the Minister must cause to be published in the Gazette a notice containing the following information: (a) the name of the person or persons who have been added to the approval; (b) the period of operation of the approval; (c) reasons for the variation. (4) If the Minister does not vary the approval, the Minister must, as soon as practicable, notify the applicant, in writing, of the refusal. 17F Variation of approval—extended period of effect of emergency approval (1) The Minister may, in writing, vary the period of effect of an emergency approval if the Minister is satisfied that: (a) the shortfall in respect of which the approval was first issued will continue to exist after the end of that period; and (b) the shortfall will have, or is having, a serious impact on: (i) the interests of consumers; or (ii) economic or regional development; and (c) the shortfall will not reasonably be met by one or more persons (other than the holder of the approval), either separately or together; and (d) the variation will enable, or assist in enabling, the shortfall to be met or mitigated; and (e) the shortfall will continue to exist because of exceptional circumstances. Note: Before varying an emergency approval under this section, the Minister must consult the Fuel Standards Consultative Committee: see section 24B. (2) The Minister may vary an emergency approval under subsection (1) either: (a) on the written application of the holder of the approval; or (b) on the initiative of the Secretary. (3) When deciding whether to vary an emergency approval under subsection (1), the Minister: (a) must have regard to the matters set out in subsection 15(1); and (b) may also have regard to any other matters he or she considers relevant. (4) If the Minister varies an emergency approval under subsection (1), the Minister may also impose new conditions on the approval or vary or remove existing conditions. (5) As soon as practicable after varying an emergency approval under subsection (1), the Minister must cause to be published in the Gazette a notice containing the following information: (a) the period of operation of the approval; (b) the condition or conditions (if any) imposed, varied or removed; (c) reasons for the variation. (6) If: (a) the holder of an emergency approval makes an application under paragraph (2)(a) in relation to the approval; and (b) the Minister does not vary the approval; the Minister must, as soon as practicable, notify the holder, in writing, of the refusal. Subdivision C—Revoking an approval 17G Revoking an approval An approval may be revoked in accordance with subsection 33(3) of the Acts Interpretation Act 1901, except that an application for revocation of the approval is not required. Subdivision D—Contravening conditions of approval 18 Offences—contravening conditions of approval Holder of approval (1) The holder of an approval commits an offence if: (a) the holder intentionally takes an action or omits to take an action; and (b) the holder is a constitutional corporation or a Commonwealth entity or the action or omission occurs in the course of constitutional trade or commerce; and (c) the action or omission contravenes a condition of the approval; and (d) the holder knows that the action or omission contravenes the condition or is reckless as to whether or not the action or omission contravenes the condition. Penalty: 100 penalty units. Regulated person (2) A regulated person commits an offence if: (a) the person intentionally takes an action or omits to take an action; and (b) the person is a constitutional corporation or a Commonwealth entity or the action or omission occurs in the course of constitutional trade or commerce; and (c) the action or omission contravenes a condition of the approval concerned; and (d) the person has knowledge of the condition; and (e) the person knows that the action or omission contravenes the condition or is reckless as to whether or not the action or omission contravenes the condition. Penalty: 100 penalty units. 18A Civil penalties—contravening conditions of approval Holder of approval (1) The holder of an approval contravenes this subsection if: (a) the holder takes an action or omits to take an action; and (b) the holder is a constitutional corporation or a Commonwealth entity or the action or omission occurs in the course of constitutional trade or commerce; and (c) the action or omission contravenes a condition of the approval. Civil penalty: (a) for an individual—100 penalty units; and (b) for a body corporate—500 penalty units. Regulated person (2) A regulated person contravenes this subsection if: (a) the person takes an action or omits to take an action; and (b) the person is a constitutional corporation or a Commonwealth entity or the action or omission