Commonwealth: 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 Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 occurs in the course of constitutional trade or commerce; and (c) the action or omission contravenes a condition of the approval concerned. Civil penalty: (a) for an individual—100 penalty units; and (b) for a body corporate—500 penalty units. Division 4—Fuel documentation 19 Offence—supplying fuel without documentation (1) If: (a) a person (the supplier) supplies fuel in Australia to another person and the fuel 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 supplier supplies the fuel in Australia in those circumstances; and (b) the supplier is a constitutional corporation or a Commonwealth entity or the supplier supplies the fuel in the course of constitutional trade or commerce; and (c) the other person is not the end‑user of the fuel; the supplier must, within the period prescribed by the regulations, provide the other person with a document or documents containing: (d) a statement as to whether or not the fuel complies with the standard; and (e) any other information relating to the fuel that is prescribed by the regulations. 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. 19A Civil penalty—supplying fuel without documentation (1) This section applies if: (a) a person (the supplier) supplies fuel in Australia to another person and the fuel 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 supplier supplies the fuel in Australia in those circumstances; and (c) the supplier is a constitutional corporation or a Commonwealth entity or the supplier supplies the fuel in the course of constitutional trade or commerce; and (d) the other person is not the end‑user of the fuel. (2) The supplier contravenes this subsection if, within the period prescribed by the regulations, the supplier does not provide the other person with a document or documents containing: (a) a statement as to whether or not the fuel complies with the standard; and (b) any other information relating to the fuel that is prescribed by the regulations. Civil penalty: (a) for an individual—60 penalty units; and (b) for a body corporate—300 penalty units. Division 5—Alteration of fuel 20 Offence—altering fuel the subject of a fuel standard (1) A person commits an offence if: (a) the person alters in any way fuel in Australia that is the subject of a fuel standard; and (b) the person is a constitutional corporation or a Commonwealth entity or the person alters the fuel in the course of, or for any purpose that is incidental to, constitutional trade or commerce; and (c) the person alters the fuel with the intention of using it in Australia; and (ca) in the case where the fuel standard specifies the circumstances in which the standard applies—the person alters the fuel with the intention of using it in Australia in those circumstances; and (d) the fuel as altered does not comply with the base standard (whether or not the fuel complied with that standard before the alteration); and (e) another person (the supplier) supplied the fuel to the person in Australia, and either: (i) if the supplier held an approval varying the standard in respect of the supply—the fuel as altered does not comply with the standard as varied (whether or not the fuel complied with that standard as varied before the alteration); or (ii) if another person held an approval varying the standard in respect of the supply by the supplier—the fuel as altered does not comply with the standard as varied (whether or not the fuel complied with that standard as varied before the alteration). Note: See section 5 for the applicable standard in respect of that supply. Penalty: 500 penalty units. (2) For the purposes of subsection (1), base standard means the standard determined under section 21, disregarding the application of subsection 21(2). (3) Subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 20A Civil penalty—altering fuel the subject of a fuel standard (1) A person contravenes this subsection if: (a) the person alters in any way fuel in Australia that is the subject of a fuel standard; and (b) the person is a constitutional corporation or a Commonwealth entity or the person alters the fuel in the course of, or for any purpose that is incidental to, constitutional trade or commerce; and (c) the person alters the fuel with the intention of using it in Australia; and (d) in the case where the fuel standard specifies the circumstances in which the standard applies—the person alters the fuel with the intention of using it in Australia in those circumstances; and (e) if the fuel standard applies only in specified circumstances—the fuel is intended to be used in those circumstances; and (f) the fuel as altered does not comply with the base standard (whether or not the fuel complied with that standard before the alteration); and (g) another person (the supplier) supplied the fuel to the person in Australia, and either: (i) if the supplier held an approval varying the standard in respect of the supply—the fuel as altered does not comply with the standard as varied (whether or not the fuel complied with that standard as varied before the alteration); or (ii) if another person held an approval varying the standard in respect of the supply by the supplier—the fuel as altered does not comply with the standard as varied (whether or not the fuel complied with that standard as varied before the alteration). Note: See section 5 for the applicable standard in respect of that supply. Civil penalty: (a) for an individual—500 penalty units; and (b) for a body corporate—2,500 penalty units. (2) For the purposes of subsection (1), base standard means the standard determined under section 21, disregarding the application of subsection 21(2). Division 6—Fuel standards and fuel quality information standards 21 Making fuel standards Base standard (1) The Minister may, by legislative instrument, determine a fuel standard in respect of a specified kind of fuel. Standard may apply only in specified circumstances (1A) The fuel standard may specify the circumstances in which the standard applies. More stringent standard (2) The fuel standard may provide for more stringent parameters to apply in respect of supplies of the fuel in specified areas in Australia. Minister must not give preference (3) In applying subsection (2), the Minister must not give preference (within the meaning of section 99 of the Constitution) to one State or part of a State over another State or part of a State. Regard to be had to objects of Act (5) In making a determination under this section, the Minister must have regard to the objects of this Act. 22 Guidelines for more stringent fuel standards The Minister must, by legislative instrument, develop guidelines that he or she must have regard to in applying subsection 21(2). 22A Making fuel quality information standards Minister may determine fuel quality information standards (1) The Minister may, by legislative instrument, determine a fuel quality information standard for a specified supply of a specified kind of fuel. Content of fuel quality information standards (2) A fuel quality information standard must specify: (a) the information about the fuel that the Minister is satisfied should, in the public interest, be provided in connection with the supply; and (b) the way in which that information is to be provided. Minister must not give preference (3) In determining a fuel quality information standard, the Minister must not give preference (within the meaning of section 99 of the Constitution) to one State or part of a State over another State or part of a State. Regard to be had to objects of Act (5) In making a determination under this section, the Minister must have regard to the objects of this Act. 24 Fuel Standards Consultative Committee The Fuel Standards Consultative Committee is established. 24A Consultation—general (1) Unless section 24B or 24C applies, the Minister must consult the Fuel Standards Consultative Committee: (a) before granting, varying or revoking an approval under section 13; and (b) before making a determination under section 21; and (ba) before making a determination under section 22A; and (c) before making a decision under subsection 35(2); and (d) in preparing guidelines under section 22. (2) The requirement to consult the Committee before granting or varying an approval under section 13 includes the requirement to consult the Committee in respect of the period for which the approval is to be in force. (3) The Minister is not required to consult the Committee in relation to a determination made under section 21 within 6 months after the commencement of that section. (4) The Minister must have regard to any recommendations of the Committee arising out of the consultation. 24B Consultation—extended period of effect of emergency approval (1) The Minister must consult the Fuel Standards Consultative Committee before varying an emergency approval under section 17F. (2) The Minister must have regard to any recommendations of the Committee arising out of the consultation. 24C Notification (1) Before granting an emergency approval, the Minister must notify the Fuel Standards Consultative Committee of: (a) the application for an emergency approval; and (b) his or her intention to grant an emergency approval. (2) If a variation of an approval is of a minor nature, the Minister must, as soon as practicable after varying the approval, notify the Committee of the variation. (3) If an approval is varied only to add one or more regulated persons, the Minister must, as soon as practicable after varying the approval, notify the Committee of the variation. 25 Membership of Committee (1) The Committee consists of such members as the Minister determines. Membership (2) However, the Minister must ensure that the membership includes the following: (a) 1 representative of each State, the Australian Capital Territory and the Northern Territory; (b) 1 representative of the Commonwealth; (c) 1 person representing fuel producers; (d) 1 person representing a non‑government body with an interest in the protection of the environment; (e) 1 person representing the interests of consumers. Appointment (3) The Minister must appoint members by written instrument. Chair (4) The Minister must appoint a member to be the Chair of the Committee. Part‑time office (5) Each member holds office on a part‑time basis. 26 Procedures of Committee The Committee is to determine its own procedures. 28 Remuneration (1) A person who is a member of the Fuel Standards Consultative Committee is to be paid the remuneration that is determined by the Remuneration Tribunal. (2) If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the regulations. (3) A person who is a member of the Fuel Standards Consultative Committee is to be paid the allowances that are prescribed by the regulations. (4) This section has effect subject to the Remuneration Tribunal Act 1973. 29 Appointment conditions of committee members The regulations may prescribe matters relating to the members of the Fuel Standards Consultative Committee, including, but not limited to, the following: (a) term of appointment; (b) resignation; (c) disclosure of interests; (d) termination of appointment; (e) leave of absence. Division 7—Supply and importation of fuel additives 30 Offence—supplying a fuel additive (1) A person commits an offence if: (a) the person supplies a fuel additive in Australia; and (b) the person is a constitutional corporation or a Commonwealth entity or the person supplies the fuel additive in the course of constitutional trade or commerce; and (c) the fuel additive is covered by an entry in the Register. Penalty: 250 penalty units. (2) Subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 30A Civil penalty—supplying a fuel additive A person contravenes this section if: (a) the person supplies a fuel additive in Australia; and (b) the person is a constitutional corporation or a Commonwealth entity or the person supplies the fuel additive in the course of constitutional trade or commerce; and (c) the fuel additive is covered by an entry in the Register. Civil penalty: (a) for an individual—250 penalty units; and (b) for a body corporate—1,250 penalty units. 31 Offence—importing a fuel additive (1) A person commits an offence if: (a) the person imports a fuel additive into Australia; and (b) the fuel additive is covered by an entry in the Register. Penalty: 250 penalty units. (2) Subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 31A Civil penalty—importing a fuel additive A person contravenes this section if: (a) the person imports a fuel additive into Australia; and (b) the fuel additive is covered by an entry in the Register. Civil penalty: (a) for an individual—250 penalty units; and (b) for a body corporate—1,250 penalty units. Division 8—Register of Prohibited Fuel Additives 32 Minister to keep Register (1) The Minister must keep a Register of Prohibited Fuel Additives. (2) The Register may be maintained by electronic means. 33 Inspection of the Register (1) The Minister must make the Register available for any person to inspect it at the times and places published in the Gazette. (2) The Register is also to be made available for inspection on the internet. 34 Notice of proposed entries in the Register (1) The Minister may: (a) enter a fuel additive, or a class of fuel additives, in the Register; or (b) remove a fuel additive, or a class of fuel additives, from the Register. (2) Before doing so, the Minister must publish, in accordance with the regulations, notice of the action he or she is proposing to take. (3) The notice must: (a) invite persons to make submissions on the proposal; and (b) specify the addresses (including an internet address) to which submissions may be sent; and (c) specify the day by which submissions must be sent (which must be at least 60 days after the day the notice is published). 35 Minister to consider submissions and make a decision Minister to consider submissions (1) The Minister must consider all submissions received by the day specified in the notice. Minister's decision (2) The Minister must then make a decision whether or not to: (a) enter the fuel additive, or the class of fuel additives, in the Register; or (b) remove the fuel additive, or the class of fuel additives, from the Register. General notice (3) The Minister must publish, in accordance with the regulations, notice of his or her decision. Notice to persons who made submissions (4) The Minister must also give notice of his or her decision to each person who made a submission. The notice must include a statement to the effect that an application may be made to the Administrative Review Tribunal for review of the decision. 36 Guidelines for making a decision (1) The Minister must, by legislative instrument, develop guidelines that he or she must have regard to when deciding whether or not to: (a) enter a fuel additive, or a class of fuel additives, in the Register; or (b) remove a fuel additive, or a class of fuel additives, from the Register. (2) The guidelines are to be made available for inspection on the internet. Part 3—Enforcement Division 1—Overview 37 Overview of Part This Part mainly sets out an enforcement regime for the purpose of finding out whether this Act has been complied with or of assessing the correctness of information provided under this Act. Division 2 provides for the appointment of inspectors. Divisions 3 to 7 deal with the powers and obligations of inspectors and the rights and responsibilities of an occupier of premises when an inspector seeks to exercise powers. Division 7A deals with the analysis of samples taken under this Part and the evidentiary value of certificates containing information about the analysis of such samples. Division 8 deals with monitoring warrants and enforcement warrants. Division 9 deals with the powers of magistrates under this Part. Division 10 deals with injunctions restraining a person from engaging in conduct that would otherwise be an offence against this Act or a contravention of a civil penalty provision. Division 11 sets out the procedure for obtaining an order that a pecuniary penalty be paid for the contravention of a civil penalty provision. Division 12 allows a person to be given an infringement notice and, in most cases, avoid prosecution or civil proceedings if the person pays the amount required by the notice. Division 13 allows for the Secretary to accept and enforce enforceable undertakings in relation to an offence against this Act or a contravention of a civil penalty provision. Division 2—Appointment of inspectors and identity cards 38 Appointment of inspectors (1) The Secretary may, in writing, appoint any of the following persons as an inspector for the purposes of this Act: (a) a person who is appointed or employed by the Commonwealth; (b) a person who is appointed or employed by a State or Territory. (2) The Secretary must not appoint a person as an inspector unless the Secretary is satisfied that the person has suitable qualifications and experience to properly exercise the powers of an inspector. (3) An inspector must, in exercising powers or performing functions as an inspector, comply with any directions of the Secretary. 39 Identity card (1) The Secretary must issue an identity card to an inspector. Form of identity card (2) The identity card must: (a) satisfy the requirements prescribed by the regulations; and (b) contain a recent photograph of the inspector. Offence (3) A person commits an offence if: (a) the person has been issued with an identity card; and (b) the person ceases to be an inspector; and (c) the person does not return the identity card to the Secretary as soon as practicable. Penalty: 1 penalty unit. (4) Subsection (3) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. Defence: card lost or destroyed (5) However, the person does not commit the offence if the identity card was lost or destroyed. Note: A defendant bears an evidential burden in relation to the matter in subsection (5): see subsection 13.3(3) of the Criminal Code. Inspector must carry card (6) An inspector must carry his or her identity card at all times when exercising powers or performing functions as an inspector. Division 3—Monitoring powers 40 Powers available to inspectors for monitoring compliance (1) For the purpose of finding out whether this Act has been complied with or of assessing the correctness of information provided under this Act, an inspector may: (a) do both of the following: (i) enter any premises; (ii) exercise the monitoring powers set out in section 41; or (b) do both of the following: (i) enter a public area of business premises when the premises are open to the public; (ii) exercise the powers set out in section 41A. (2) However, an inspector is not authorised to enter premises under paragraph (1)(a) unless: (a) the occupier of the premises has consented to the entry; or (b) the entry is made under a monitoring warrant. (3) Paragraph (1)(b) does not affect any right of the occupier of business premises to refuse to allow an inspector to enter, or remain on, the premises. 41 Monitoring powers—with consent or with warrant General powers (1) For the purposes of this Part, the following are the monitoring powers that an inspector may exercise in relation to premises under paragraph 40(1)(a): (a) to search the premises and any thing on the premises; (b) to inspect, examine, take measurements of, conduct tests on, or take samples of, any fuel or fuel additive on the premises; (c) to take photographs, make video or audio recordings or make sketches of the premises or any thing on the premises; (d) to inspect any book, record or document on the premises; (e) to take extracts from or make copies of any such book, record or document; (f) to take onto the premises such equipment and materials as the inspector requires for the purpose of exercising powers in relation to the premises; (g) to secure a thing, until an enforcement warrant is obtained to seize it: (i) that the inspector finds during the exercise of monitoring powers on the premises; and (ii) that the inspector believes on reasonable grounds is evidential material; and (iii) that the inspector believes on reasonable grounds would be lost, destroyed or tampered with before the warrant can be obtained; (h) the powers in subsections (2) and (3). Note: See also Division 7A (about the dealing with samples taken by an inspector and the evidentiary value of certificates containing information about the analysis of such samples). Operation of equipment (2) For the purposes of this Part, the monitoring powers include the power to operate equipment at premises to find out whether: (a) the equipment; or (b) a disk, tape or other storage device that is at the premises and can be used with the equipment or is associated with it; contains information that is relevant to: (c) determining whether there has been compliance with this Act; or (d) assessing the correctness of information provided under this Act. Removing documents and disks etc. (3) For the purposes of this Part, if the inspector, after operating the equipment, finds that the equipment, or that a disk, tape or other storage device at the premises, contains such information, the monitoring powers include the following powers: (a) to operate facilities at the premises to put the information in documentary form and remove the documents so produced; (b) to operate facilities at the premises to transfer the information to a disk, tape or other storage device that: (i) is brought to the premises for the exercise of the power; or (ii) is at the premises and the use of which for the purpose has been agreed to in writing by the occupier of the premises; and remove the disk, tape or other storage device from the premises. How powers to be exercised (4) The powers mentioned in subsections (2) and (3) must be exercised in accordance with section 49. 41A Exercise of powers in public areas of business premises An inspector may exercise the following powers in relation to a public area of business premises under paragraph 40(1)(b): (a) the power to inspect, examine, take measurements of, conduct tests on, or take samples of, any fuel or fuel additive in the area; (b) the power to take photographs, make video or audio recordings or make sketches of the area or any thing in the area; (c) the power to take into the area such equipment and materials as the inspector requires for the purpose of exercising powers in relation to the area. 42 Inspector on premises under monitoring warrant may require persons to answer questions etc. (1) An inspector who is authorised to enter premises by a monitoring warrant may require any person in or on the premises to: (a) answer any questions put by the inspector; or (b) produce any book, record or document requested by the inspector. (2) A person commits an offence if the person refuses or fails to comply with a requirement under subsection (1). Penalty: Imprisonment for 6 months. (3) A person is excused from complying with a requirement under subsection (1) if the answer to the question or the production of the book, record or document might tend to incriminate the person or expose the person to a penalty. Note: A defendant bears an evidential burden in relation to the matter in subsection (3), see subsection 13.3(3) of the Criminal Code. Division 4—Search and seizure powers 43 Searches and seizures (1) If an inspector has reasonable grounds for suspecting that there may be evidential material on any premises, the inspector may: (a) enter the premises; and (b) exercise the powers set out in section 44. (2) However, an inspector is not authorised to enter the premises unless: (a) the occupier of the premises has consented to the entry; or (b) the entry is made under an enforcement warrant. (3) If the entry is under an enforcement warrant, the inspector may seize the evidential material if the inspector finds it on the premises. 44 Search and seizure powers General powers (1) An inspector may exercise the following powers in relation to premises under section 43: (a) to search the premises and any thing on the premises for the evidential material; (b) to inspect, examine, take measurements of, conduct tests on, or take samples of the evidential material; (c) to take photographs, make video or audio recordings or make sketches of the premises or the evidential material; (d) to take onto the premises such equipment and materials as the inspector requires for the purpose of exercising powers in relation to the premises; (e) the powers in subsections (2), (3) and (7). Note: See also Division 7A (about the dealing with samples taken by an inspector and the evidentiary value of certificates containing information about the analysis of such samples). Operation of equipment (2) An inspector also has the power to operate equipment at premises to find out whether evidential material is accessible by doing so. Removing documents and disks etc. (3) If the inspector, after operating the equipment, finds that evidential material is accessible by doing so, the inspector also has the following powers: (a) to seize the equipment and any disk, tape or other associated device; (b) to operate the equipment or other facilities at the premises to put the evidential material in documentary form and seize the documents so produced; (c) to operate the equipment or other facilities at the premises to transfer the material to a disk, tape or other storage device that: (i) is brought to the premises for the exercise of the power; or (ii) is at the premises and the use of which for the purpose has been agreed to in writing by the occupier of the premises; and remove the disk, tape or other storage device from the premises. How powers to be exercised (4) The powers mentioned in subsections (2) and (3) must be exercised in accordance with section 49. Seizing equipment (5) An inspector may seize equipment under paragraph (3)(a) only if: (a) it is not practicable to put the material in documentary form as mentioned in paragraph (3)(b) or to transfer the material as mentioned in paragraph (3)(c); or (b) possession by the occupier of the equipment could constitute an offence against a law of the Commonwealth. (6) An inspector may seize equipment under paragraph (3)(a) or documents under paragraph (3)(b) only if the inspector entered the premises under an enforcement warrant. Seizing other evidential material (7) If: (a) in the course of searching for a particular thing, in accordance with an enforcement warrant, an inspector finds another thing that the inspector believes on reasonable grounds to be evidential material; and (b) the inspector believes, on reasonable grounds, that it is necessary to seize the other thing in order to prevent its concealment, loss or destruction, or its use: (i) in committing, continuing or repeating an offence against this Act; or (ii) in committing, continuing or repeating a contravention of a civil penalty provision; then the inspector may seize that other thing. Division 5—Obligations and incidental powers of inspectors 45 Inspector must produce identity card on request An inspector is not entitled to exercise any powers under this Part in relation to premises if: (a) the occupier of the premises has required the inspector to produce his or her identity card for inspection by the occupier; and (b) the inspector fails to comply with the requirement. 46 Consent (1) An inspector must, before obtaining the consent of a person to enter premises under this Part, inform the person that he or she may refuse consent. (2) An entry of an inspector with the consent of a person is not lawful unless the person voluntarily consented to the entry. 47 Announcement before entry (1) An inspector must, before entering premises under a warrant: (a) announce that he or she is authorised to enter the premises; and (b) give any person at the premises an opportunity to allow entry to the premises. (2) However, an inspector is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required: (a) to ensure the safety of a person; or (b) to prevent serious damage to the environment; or (c) to ensure that the effective execution of the warrant is not frustrated. 48 Details of warrant to be given to occupier etc. (1) If a warrant in relation to premises is being executed and the occupier of the premises or another person who apparently represents the occupier is present at the premises, the inspector must make available to the occupier or other person a copy of the warrant. (2) The inspector must identify himself or herself to that person. (3) The copy of the warrant need not include the signature of the magistrate who issued the warrant. 49 Use of electronic equipment already at premises An inspector may operate electronic equipment at premises in order to exercise a power under this Part if he or she believes on reasonable grounds that the operation of the equipment can be carried out without damage to the equipment. 50 Securing electronic equipment for use by experts (1) If an inspector believes on reasonable grounds that: (a) any of the following: (i) information relevant to determining whether there has been compliance with this Act; (ii) information relevant to assessing the correctness of information provided under this Act; (iii) evidential material; may be accessible by operating electronic equipment at particular premises; and (b) expert assistance is required to operate the equipment; and (c) if he or she does not take action under this subsection, the information or material may be destroyed, altered or otherwise interfered with; he or she may do whatever is necessary to secure the equipment, whether by locking it up, placing a guard or otherwise. Notice to occupier (2) The inspector must give notice to the occupier of the premises of his or her intention to secure the equipment and of the fact that the equipment may be secured for up to 24 hours. Period equipment may be secured (3) The equipment may be secured: (a) for a period not exceeding 24 hours; or (b) until the equipment has been operated by the expert; whichever happens first. Extensions (4) If the inspector believes on reasonable grounds that the expert assistance will not be available within 24 hours, he or she may apply to a magistrate for an order extending that period. (5) The inspector must give notice to the occupier of the premises of his or her intention to apply for an extension, and the occupier is entitled to be heard in relation to the application. (6) The magistrate may order an extension for a period specified in the order if the magistrate is satisfied that the extension is necessary. 51 Compensation for damage to electronic equipment (1) If: (a) damage is caused to equipment as a result of it being operated as mentioned in this Part; or (b) the data recorded on the equipment is damaged or programs associated with its use are damaged or corrupted; because: (c) insufficient care was exercised in selecting the person who was to operate the equipment; or (d) insuffic