Queensland: Liquid Fuel Supply Act 1984 (Qld)

Liquid Fuel Supply Act 1984 An Act to provide for the production, supply, distribution, sale, use and conservation of liquid fuel in the event of a shortage of liquid fuel occurring in the State and for other purposes Part 1 Preliminary 1 Short title This Act may be cited as the Liquid Fuel Supply Act 1984. 2 Commencement (1) Section 1 and this section shall commence on the day this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), the provisions of this Act shall commence on a date to be appointed by proclamation. (3) The date so appointed is in this Act referred to as the commencement of this Act. 3 Application of Act to Crown This Act binds the Crown but nothing in this Act renders the Crown liable to be prosecuted for an offence. 4 [Repealed] 5 Definitions The dictionary in schedule 1 defines particular words used in this Act. Part 2 Administration 6 Minister This Act shall be administered by the Minister for Mines and Energy or such other Minister of the Crown as is for the time being charged with the administration of this Act. 7 Delegation (1) The Minister may by instrument in writing delegate all or any of the Minister's powers and functions under this Act, except this power of delegation, to any person or persons and may make such number of delegations of the same power or function concurrently as the Minister thinks fit. (2) A power or function so delegated may be exercised or discharged by the delegate in accordance with the instrument of delegation and when so exercised or discharged shall be deemed, for the purposes of this Act, to have been exercised or discharged by the Minister. (3) A delegation under this section is revocable at the Minister's will and does not derogate from the Minister's power to act personally in any matter. (4) A person purporting to exercise a power or to discharge a function pursuant to a delegation under this section shall be presumed to be acting in accordance with the instrument of delegation in the absence of proof to the contrary. Part 3 Contingency planning 8 Power to require information (1) The Minister may, by notice in writing, require any person who is, in the Minister's opinion, in a position to do so to furnish information of a description specified in the notice relating to the extraction, production, storage, supply, distribution, sale, purchase, use or consumption of liquid fuel. (2) Information sought under subsection (1) must be relevant to the administration of this Act. (3) A person required to furnish information under subsection (1) shall, within the time allowed in the notice, furnish in accordance with the notice the information sought by the notice to the best of the person's knowledge, information and belief. Maximum penalty— (a) in the case of a body corporate—$10,000; or (b) in the case of an individual—$1000. 9 Confidentiality A person shall not disclose information obtained in connection with the administration or execution of this Act unless the disclosure is made— (a) with the consent of the person from whom the information was obtained; or (b) in connection with the administration or execution of this Act; or (c) for the purposes of any legal proceeding arising out of this Act or for the purposes of any report of any such proceeding; or (d) under the compulsion of an order made by a court of competent jurisdiction in any proceedings to which the information is material. Maximum penalty—$1000. 10 Notification of address of prescribed businesses (1) A person who carries on a prescribed business shall give to the Minister notice in writing containing particulars of— (a) the name of that person and the address and telephone number of each place where the person carries on the business; and (b) the kinds of liquid fuel that can be stored at each place where the person carries on the business; and (c) the quantity of each kind of liquid fuel that can be stored at each place where the person carries on the business. (2) Notice required by subsection (1) shall be given— (a) in the case of a person who at the commencement of this Act, carries on a business that becomes a prescribed business—within 14 days after the business becomes a prescribed business; (b) in the case of a person who, after the commencement of this Act, begins to carry on a prescribed business—within 14 days after the person begins to carry on the business. (3) Where a change occurs in any of the particulars contained in a notice given under subsection (1) the person carrying on the prescribed business to which the notice relates shall within 14 days after the change occurs give to the Minister notice in writing containing particulars of the change. (4) A person who ceases to carry on a prescribed business shall, within 14 days after the day on which the person ceases to carry on the business, give to the Minister a notice in writing of the person's ceasing and the date on which the person ceased to carry on the business. (5) A person who being required by this section to give a notice fails to give the notice in accordance with this section commits an offence against this Act. Maximum penalty—$1000. 11 Essential or high priority users of liquid fuel (1) At any time (whether or not during a period of liquid fuel emergency) the Minister may, by notification published in the gazette— (a) specify guidelines to be observed in identifying in relation to a refined liquid petroleum product of a kind specified in the notification persons, associations of persons or classes of persons as essential users or high priority users of that product; and (b) vary guidelines specified under this subsection, including guidelines varied by reason of a previous application of this subsection; and (c) revoke guidelines specified under this subsection, including guidelines varied by reason of a previous application of this subsection. (2) Without limiting the powers of the Minister under subsection (1), guidelines specified under that subsection for the identification of persons, associations or classes as essential users or high priority users of a refined liquid petroleum product may relate to— (a) activities carried on by those persons, associations or classes outside Queensland; or (b) the likelihood that activities carried on by those persons, associations or classes before being so identified will continue to be carried on by them during any period in relation to which the identification has effect. (3) The Minister may, by instrument in writing— (a) identify any person, association or class as an essential user or as a high priority user of a refined liquid petroleum product of a particular kind; and (b) at any time revoke an instrument identifying any person, association or class as such an essential user or a high priority user. (4) The Minister shall not identify any person, association or class as an essential user or as a high priority user of a refined liquid petroleum product of a particular kind unless the identification is in accordance with guidelines specified under subsection (1) that are in force, in relation to that product, immediately before the person, association or class is so identified. (5) The Minister shall not revoke an instrument identifying any person, association or class as an essential user or a high priority user of a refined liquid petroleum product of a particular kind unless the Minister is satisfied that the person, association or class has ceased to carry on activities by reason of which the person or it could have been identified as such a user of that product at the time the instrument was made. (6) Where the Minister— (a) identifies any person, association or class under subsection (3) as an essential user or as a high priority user of a refined liquid petroleum product of a particular kind; or (b) revokes under subsection (3) an instrument identifying any person, association or class as such a user of a refined liquid petroleum product of a particular kind; the Minister shall cause a copy of the instrument of identification or, as the case may be, of revocation to be served on the person, association or class concerned. 12 Bulk customers of relevant persons (1) At any time (whether or not during a period of liquid fuel emergency) the Minister may, by notification published in the gazette— (a) specify guidelines to be observed in identifying persons who or associations of persons that have purchased in bulk or propose to purchase in bulk a refined liquid petroleum product of a kind specified in the notification from a relevant person as bulk customers of that relevant person in relation to that product; and (b) vary guidelines specified under this subsection, including guidelines varied by reason of a previous application of this subsection; and (c) revoke guidelines specified under this subsection, including guidelines varied by reason of a previous application of this subsection. (2) Without limiting the powers of the Minister under subsection (1), guidelines specified under that subsection may relate to the likelihood that activities carried on by any person or association before being identified as a bulk customer will continue to be carried on by that person or association during the period in relation to which the identification has effect. (3) The Minister may, by instrument in writing— (a) identify any person or association as a bulk customer of a relevant person in relation to a refined liquid petroleum product of a particular kind; and (b) at any time revoke an instrument identifying any person or association as such a bulk customer. (4) The Minister shall not identify any person or association as a bulk customer of a particular relevant person in relation to a refined liquid petroleum product of a particular kind unless the identification is in accordance with guidelines specified under subsection (1) that are in force, in relation to that product, immediately before the person or association is so identified. (5) The Minister shall not revoke an instrument identifying any person or association as a bulk customer of a relevant person in relation to a particular period of emergency and to a refined liquid petroleum product of a particular kind unless the Minister is satisfied that the person or association has ceased to carry on activities by reason of which the person or it could have been identified as such a bulk customer at the time the instrument was made. (6) Where the Minister— (a) identifies any person or association under subsection (3) as a bulk customer of a relevant person in relation to a refined liquid petroleum product of a particular kind; or (b) revokes under subsection (3) an instrument identifying any person or association as such a bulk customer; the Minister shall cause a copy of the instrument of identification or, as the case may be, of revocation to be served on the person or association concerned. 13 Allocations to bulk customers At any time (whether or not during a period of liquid fuel emergency) the Minister may, by notification published in the gazette— (a) specify guidelines for the calculation of the quantity of a refined liquid petroleum product of a kind specified in the notification that, in the event of a liquid fuel emergency being proclaimed, would be required to be made available by relevant persons to a person who or association that is a bulk customer of that relevant person in respect of that product; and (b) vary guidelines specified under this subsection, including guidelines varied by reason of a previous application of this subsection; and (c) revoke guidelines specified under this subsection, including guidelines varied by virtue of a previous application of this subsection. 14 Development of bulk allocation procedures (1) At any time (whether or not during a period of liquid fuel emergency) the Minister may, by notification published in the gazette— (a) specify guidelines for the allocation by relevant persons included in a class of relevant person specified in the guidelines of bulk supplies of a refined liquid petroleum product of a kind specified in the notification to persons who or associations that would be likely to be, during the whole or a part of a liquid fuel emergency, bulk customers of those relevant persons in relation to that product; and (b) vary guidelines specified under this subsection, including guidelines varied by reason of a previous application of this subsection; and (c) revoke guidelines specified under this subsection, including guidelines varied by reason of a previous application of this subsection. (2) The Minister may, by notification, direct that each relevant person who— (a) is included in a class of relevant person in relation to whom guidelines under subsection (1) are in force; and (b) supplies a refined liquid petroleum product of a kind specified in those guidelines; shall furnish to the Minister, by a date specified in the notification and in the form (if any) specified therein, particulars of procedures developed by that relevant person to enable that person to allocate bulk supplies of that product in accordance with those guidelines. (2A) A notification given under subsection (2) shall be published in the gazette and in a newspaper that circulates throughout the State or, as the case may be, the part of the State in which the relevant persons to whom it is directed carry on business with a view to all such relevant persons being made aware of the notification. (3) In respect of particulars of procedures furnished to the Minister under subsection (2) by a relevant person the Minister shall, by notice in writing given to the relevant person— (a) if the Minister is satisfied that the procedures will enable the relevant person to allocate bulk supplies of the refined liquid petroleum product concerned in accordance with the guidelines—approve those procedures; or (b) if the Minister is not so satisfied—direct the relevant person— (i) to make such amendment of the procedures of which particulars have been so furnished as the Minister specifies in the notice; (ii) to furnish to the Minister, by a date specified in the notice and in the form (if any) specified therein, particulars of the procedures as so amended. (4) In respect of particulars of procedures furnished to the Minister by a relevant person as required by a direction given under subsection (3)(b), being procedures amended in the manner specified in the direction, the Minister shall, by notice in writing given to the relevant person, approve the procedures as so amended. (5) A relevant person shall not refuse or fail to comply with a direction under subsection (2) that is applicable to the person or a direction given to the person under subsection (3) unless that person has reasonable excuse. Maximum penalty— (a) in the case of a body corporate—$10,000; or (b) in the case of an individual—$1000. 15 Regulation or prohibition of supply of liquid fuel The Minister may, by notification published in the gazette— (a) specify guidelines for the giving of directions, in the event of a liquid fuel emergency being proclaimed, for regulating or prohibiting the supply by relevant persons in the course of business of a refined liquid petroleum product of a kind specified in the notification; and (b) vary guidelines specified under this section, including guidelines varied by reason of a previous application of this section; and (c) revoke guidelines specified under this section, including guidelines varied by reason of a previous application of this section. 16 Maintenance of reserves The Minister may, by notification published in the gazette— (a) specify guidelines for determining in relation to a liquid fuel of a particular kind— (i) the quantity of reserve supply of liquid fuel of that kind— (A) that should be accumulated in Queensland by relevant persons before the proclamation of a liquid fuel emergency; or (B) that should be maintained in Queensland by relevant persons at all times before the proclamation of a liquid fuel emergency; (ii) the places in Queensland at which relevant persons should be required to keep the whole or any part of a reserve supply of liquid fuel of that kind, which they accumulate or maintain before the proclamation of a liquid fuel emergency; (iii) the period within which relevant persons should accumulate particular quantities of a reserve supply of liquid fuel of that kind at particular places before the proclamation of a liquid fuel emergency; and (b) vary guidelines specified under this subsection, including guidelines varied by reason of a previous application of this subsection; and (c) revoke guidelines specified under this subsection, including guidelines varied by reason of a previous application of this subsection. 17 Directions to create and maintain reserves (1) The Minister may, by notice in writing served upon a relevant person, direct that person— (a) to accumulate, by a date specified in the notice such quantities as are specified therein of reserve supply of liquid fuel of a kind specified therein and at all times thereafter to maintain such quantities as are specified therein of reserve supply of liquid fuel of that kind at such places in Queensland as are specified in the notice; (b) to maintain at all times after a date specified in the notice at such places in Queensland as are specified therein, such quantities as are specified therein of reserve supply of liquid fuel of a kind specified in the notice. (2) A relevant person shall not refuse or fail to comply with a direction given to the person under subsection (1) unless that person has reasonable excuse. Maximum penalty— (a) in the case of a body corporate—$10,000; or (b) in the case of an individual—$1000. (3) The Minister may, to meet temporary circumstances, in writing, authorise a relevant person who is required by a notice under subsection (1) to maintain at a particular place a particular quantity of a reserve supply of a liquid fuel of a particular kind to maintain at that place during a period specified in the authority a less quantity specified in the authority of a reserve supply of that liquid fuel. (4) The maintenance by a relevant person of a quantity of a reserve supply of liquid fuel of a particular kind at a particular place at a particular time in accordance with an authority given to that relevant person under subsection (3) shall be sufficient compliance by that relevant person with a requirement that the person should maintain a reserve supply of that liquid fuel at that place at that time imposed on the person under subsection (2). 18 Directions not controlled by guidelines A direction given under section 17 or under any other part of this Act— (a) may be given notwithstanding that there are no relevant guidelines specified under this part; and (b) shall be validly given and be of force and effect whether or not it is in accordance with relevant guidelines specified under this part. Part 4 Powers in event of shortage or anticipated shortage of liquid fuel 19 Directed release and sale of liquid fuel (1) If the Minister is satisfied— (a) that there is a shortage of liquid fuel of a particular kind; or (b) that there is reason to anticipate a shortage of liquid fuel of a particular kind; the Minister may, by notice in writing served on a relevant person, direct that the relevant person shall in the course of the person's business take all such measures as are necessary to make such quantity as is specified in the notice of liquid fuel of that kind available for purchase, on or before such date as is specified therein at such place or places as is or are specified therein, by such person or persons or members of such class of person as is or are specified in the notice. (2) A direction under subsection (1) may provide that the price at which the liquid fuel of the kind to which it relates shall be available for purchase shall be such as is agreed by the relevant person concerned and the purchaser or, in the absence of agreement, as is determined by the Minister and declared in writing by the Minister. (3) A relevant person shall not refuse or fail to comply with any particular of a direction given to the person under subsection (1) unless that person has reasonable excuse. Maximum penalty— (a) in the case of a body corporate—$10,000; or (b) in the case of an individual—$1000. 20 Output from refineries (1) If the Minister is satisfied— (a) that there is a shortage of liquid fuel of a particular kind; or (b) that there is reason to anticipate a shortage of liquid fuel of a particular kind; the Minister may, by notice in writing served on a relevant person who is engaged in the production or refining of liquid fuel of that kind, direct that the relevant person produce or refine in Queensland, during a period specified in the notice, such quantity of liquid fuel of that kind as is specified in the notice. (2) A relevant person shall not refuse or fail to comply with a direction given to the person under subsection (1) unless that person has reasonable excuse. Maximum penalty— (a) in the case of a body corporate—$10,000; or (b) in the case of an individual—$1000. 21 Directed transfer of liquid fuel (1) If the Minister is satisfied— (a) that there is a shortage of liquid fuel of a particular kind; or (b) that there is reason to anticipate a shortage of liquid fuel of a particular kind; the Minister may, by notice in writing served on a relevant person, direct that the relevant person shall cause such quantity of liquid fuel of that kind as is specified in the notice to be transferred from supplies of liquid fuel of that kind held by the relevant person at a place in Queensland specified in the notice to another place in Queensland where the relevant person has facilities adequate to hold the quantity of liquid fuel of that kind to be transferred. (2) A relevant person shall not refuse or fail to comply with a direction given to the person under subsection (1) unless that person has reasonable excuse. Maximum penalty— (a) in the case of a body corporate—$10,000; or (b) in the case of an individual—$1000. 22 Shortage may be general or restricted In this part a reference to a shortage of liquid fuel of a particular kind includes a shortage throughout Queensland of liquid fuel of that kind and a shortage in any part or parts of the State of liquid fuel of that kind. Part 5 Liquid fuel emergency 23 Proclamation of emergency (1) Where, in the opinion of the Governor in Council, circumstances have arisen or are likely to arise, such as to have caused or to be likely to cause a shortage of liquid fuel, the Governor may, by proclamation, declare that an emergency exists in relation to liquid fuel generally or to liquid fuel of the particular kind or kinds specified in the proclamation. (2) A proclamation may be made under subsection (1) in respect of the whole State or in respect of such part or parts of the State as is or are specified in the proclamation. (3) A proclamation made under subsection (1) shall, unless it is sooner revoked by a further proclamation, be in force for the period specified therein, but not exceeding 30 days from the date of its publication in the gazette, and the period for which a proclamation is in force (including all extensions thereof) is in this Act referred to as a period of emergency. (4) A period of emergency may from time to time be extended by a further proclamation made before the expiration of that period specified therein but not exceeding 30 days in the case of any such further proclamation. 24 Ministerial control during emergency (1) During a period of emergency the Minister may assume control of the extraction, production, supply, distribution, sale, purchase, use, consumption and storage of liquid fuel in relation to which the emergency is declared to exist and therein may— (a) provide, operate, control, regulate and direct any service, whether by way of continuation of a service previously provided or by way of provision of a service in a modified form or by way of provision of a new service; and (b) employ such persons as the Minister considers necessary to the proper exercise of the Minister's powers. (2) Without limiting the generality of the powers conferred by subsection (1), the Minister may in writing— (a) give such directions as in the Minister's opinion are necessary to control, restrict or prohibit the extraction, production, supply, distribution, sale, purchase, use, consumption or storage of liquid fuel in relation to which the emergency is declared to exist; (b) direct a person who extracts, produces, transports or distributes liquid fuel referred to in paragraph (a) to extract or produce it for or to transport or distribute it to the person or persons specified therein; (c) direct a person concerned with the extraction, production, supply, distribution, sale, purchase, use, consumption or storage of liquid fuel referred to in paragraph (a) to comply with the conditions specified therein in respect thereof; (d) direct a person to whom liquid fuel referred to in paragraph (a) is supplied to accept the liquid fuel; (e) in relation to services provided or to be provided in connection with the extraction, production, supply, distribution, sale, purchase, use, consumption or storage of liquid fuel referred to in paragraph (a)— (i) direct which of those services shall be maintained or provided and the extent to which and the conditions on which they shall be maintained or provided; (ii) direct at what times and places and upon what conditions and in what manner those services may be provided or availed of; (iii) prohibit the provision of those services except with the consent of the Minister; (f) requisition the use of land, buildings, structures, equipment and utensils used or that may be used effectually in the provision of services referred to in paragraph (e); (g) provide for or control, by direction, prohibition or requisition, the operation, use, disposal, distribution, storage, upkeep, repair and maintenance of any property, commodity, equipment or utensil used or that may be used in the provision of services referred to in paragraph (e); (h) authorise a person specified therein to enter upon and into any land, building or structure used or that may be used effectually in the provision of services referred to in paragraph (e) with a view to exercising all or any of the powers conferred by subsection (1); (i) provide, by direction, prohibition or requisition, for any matter incidental to the exercise of the powers conferred by subsection (1); (j) revoke or vary any writing previously issued by the Minister under this section. (3) The following provisions apply in respect of a direction given under subsection (2)— (a) it may be directed to a person specified therein, to all members of a class of person specified therein or to the members of the public; (b) it may be expressed to have force throughout the whole State or within such part or parts of the State as is or are specified therein; (c) it may have force for the period specified therein or upon the occasions specified therein or without limit of time; provided that no direction shall have force beyond the period of emergency for the purposes of which it was issued; (d) where the terms of the direction, being such as is referred to in subsection (2)(e)(ii) are inconsistent with the terms of an order made by the Full Bench of the Industrial Commission under the Industrial Relations Act 2016 or with the provisions of any Act with respect to trading hours in shops, then while the direction continues to have force, its terms shall prevail and the terms of the order or the provisions of the Act, as the case may be, shall to the extent of the inconsistency cease to have force or effect. (4) The termination of a direction given under this section shall not affect the previous operation thereof or the validity of any action taken thereunder prior to its termination and any investigation concerning an alleged refusal or failure to comply therewith prior to its termination may be instituted or continued and a penalty, forfeiture or punishment may be imposed and exacted in respect of such a refusal or failure to comply therewith as if the direction had not terminated. (5) A person to whom a direction under this section is directed shall not refuse or fail to comply with the direction. Maximum penalty— (a) in the case of a body corporate—$10,000; or (b) in the case of an individual—$1000. (6) If a refusal or failure to comply with a direction issued under this section consists in doing or in refusing or failing to do an act in respect of liquid fuel then upon convicting a person of the offence thereby constituted the court may, in addition to any penalty imposed, order that the liquid fuel in respect of which the offence was committed be forfeited to the Crown. (7) All liquid fuel so forfeited shall be applied— (a) if the emergency declared to exist in relation to that liquid fuel continues in being—in relieving that emergency in such manner as the Minister directs; or (b) in any other case—in such manner as the Minister directs. 25 Permits (1) During a period of emergency the Minister may issue a permit to any person for the purchase of liquid fuel in relation to which the emergency is declared to exist, if the Minister is satisfied that it is in the public interest to do so. (2) A permit under subsection (1) may be issued subject to— (a) conditions of limitation, by reference to a specified maximum quantity of liquid fuel authorised to be purchased pursuant to the permit, by reference to the requirement to deliver up coupons upon the purchase of liquid fuel pursuant to the permit, or by reference to such other means as are specified therein; and (b) such other conditions as the Minister thinks fit and specifies therein. (3) A permit issued under subsection (1) shall cease to be of any validity upon the expiration of the period of emergency during which it was issued or upon the cancellation of the permit under section 28. 26 Application for permit (1) A person desirous of obtaining a permit shall make application to the Minister in the approved form. (2) A person shall not, in connection with an application by the person for a permit, make a statement or representation that is false or misleading in a material particular. Maximum penalty—$2000 or 3 months imprisonment. (3) It is a defence to a charge of the offence defined in subsection (2) that the defendant did not know and could not by the exercise of reasonable diligence have ascertained that the statement or representation was false or misleading. 27 Offences in respect of permits (1) A person shall not contravene or fail to comply with a condition specified in a permit issued to the person or specified in a permit issued to another person on whose behalf the person is acting on a particular occasion. Maximum penalty—$1000. (2) A permit is not transferable. (2A) A person shall not, by delivery or otherwise, purport to transfer to another person a permit or the entitlements conferred on the person as a person to whom a permit is issued. Maximum penalty—$1000. (3) During a period of emergency a person shall, while in charge of a vehicle, vessel or aircraft to which liquid fuel in relation to which the emergency is declared to exist has been supplied pursuant to a permit— (a) carry the permit with him or her in the vehicle; and (b) upon the request of an authorised person, produce the permit for inspection by that authorised person. Maximum penalty—$500. 28 Cancellation of permit (1) The Minister may, at any time by instrument in writing served on the person to whom a permit is issued, cancel the permit. (2) Upon cancellation of a permit, the person to whom it was issued shall deliver it up to the Minister or to a person nominated by the Minister. Maximum penalty—$1000. 29 Unlawful supply and purchase of liquid fuel (1) During a period of emergency, a person shall not supply liquid fuel in relation to which the emergency is declared to exist except— (a) under the authority of and in accordance with a direction of the Minister duly given under this Act; or (b) in accordance with the conditions of a permit issued under section 25, to the person to whom the permit is issued or a person acting on the person's behalf. Maximum penalty—20 penalty units. (1A) Subsection (1) does not apply in respect of a supply of liquid fuel to a person who carries on the business of trading in that liquid fuel where the person purchases the liquid fuel as part of that trading. (2) During a period of emergency, a person shall not purchase liquid fuel in relation to which the emergency is declared to exist, except— (a) under the authority of and in accordance with a direction of the Minister duly given under this Act; or (b) under the authority of, and in accordance with the conditions imposed in respect of, a permit under section 25 issued to the person or to a person on whose behalf the person is acting. Maximum penalty—20 penalty units. (3) Subsection (2) does not apply in respect of the purchase of liquid fuel by a person who carries on the business of trading in that liquid fuel where the person purchases the liquid fuel as part of that trading. 30 Directions for allocations to bulk customers (1) During a period of emergency the Minister may, for the purpose of dealing with a shortage or likely shortage of liquid fuel in relation to which the emergency is declared to exist, by notification published in the gazette and in such other manner as, in the Minister's opinion, is likely to bring it to the notice of relevant persons concerned, direct that each relevant person who ordinarily in the course of business supplies a refined liquid petroleum product of a kind specified in the notification for purchase in bulk in Queensland by persons or associations of persons who are bulk customers of that relevant person in relation to that product shall make available for purchase in bulk in Queensland by those customers during the period specified in the notification in accordance with the bulk allocation procedures approved by the Minister under section 14— (a) in the case of such customers as have been identified by the Minister as essential or high priority users of that product in Queensland—such quantities of that product as— (i) are calculated by or on behalf of the Minister, by a method specified in the notification; and (ii) are notified in writing, by or on behalf of the Minister, to that relevant person; (b) in the case of such customers as are persons or associations of persons to whom paragraph (a) does not apply—such quantities of that product as— (i) are calculated by or on behalf of the Minister, by a method specified in the notification; and (ii) are notified in writing, by or on behalf of the Minister, to that relevant person. (2) Where the Minister has under subsection (1) directed relevant persons to make available for purchase by bulk customers quantities of a refined liquid petroleum product, a relevant person to whom the direction is issued shall not— (a) refuse or fail to make that product available for purchase by such a bulk customer of that relevant person during the period specified in the direction in accordance with the direction; or (b) make that product available for purchase in bulk, during the period specified in the direction, by a person who is not a bulk customer of that relevant person in relation to that product; or (c) make that product available for purchase in bulk by such a bulk customer of that relevant person during the period specified in the direction otherwise than in accordance with the direction; unless that relevant person has reasonable excuse. Maximum penalty— (a) in the case of a body corporate—$10,000; or (b) in the case of an individual—$1000. (3) Without limiting the generality of the expression reasonable excuse in subsection (2), it is a reasonable excuse for the purposes of subsection (2)(a)— (a) if the person or association of persons in respect of whom a contravention of that subsection is alleged to have been committed in respect of a particular refined liquid petroleum product refused or failed to produce to the relevant person concerned a copy of the instrument that was caused by the Minister to be served on the person or association under section 12 and identified the person or association as a bulk customer of that relevant person in relation to that product; (b) if the person or association of persons in respect of whom a contravention of that subsection is alleged to have been committed in respect of a particular refined liquid petroleum product, being a person who or association that is an essential user or a high priority user of that product in Queensland, refused or failed to produce to the relevant person concerned— (i) a copy of the instrument that was caused by the Minister to be served on the person or association under section 12 and identified the person or association as a bulk customer of that relevant person in relation to that product; or (ii) a copy of the instrument that was caused by the Minister to be served on the person or association under section 11 and identified the person or association as an essential user or high priority user of that product in Queensland. (4) A method of calculation of a quantity of a refined liquid petroleum product specified in a notification under subsection (1) may be specified as applicable generally to all persons or associations referred to respectively in subsection (1)(a) and (b) or to persons or associations included in classes of persons or associations referred to respectively in those paragraphs specified in the notification. 31 Directions regulating supply of liquid fuel (1) During a period of emergency the Minister may, for the purpose of dealing with a shortage or likely shortage of liquid fuel in relation to which the emergency is declared to exist, by notification published in the gazette and in such other manner as, in the Minister's opinion, is likely to bring it to the notice of relevant persons concerned, issue directions regulating or prohibiting the supply by relevant persons in the course of their business, during a period specified in the notification, of a refined liquid petroleum product specified in the notification to persons generally or to persons included in a class of person specified in the notification. (2) The Minister shall not issue a direction under subsection (1) if the direction would relate only to the supply of a refined liquid petroleum product to bulk customers of the relevant persons to whom the direction would be issued in relation to that product. (3) A relevant person shall not refuse or fail to comply with a direction issued to the person under subsection (1) unless that person has reasonable excuse. Maximum penalty— (a) in the case of a body corporate—$10,000; or (b) in the case of an individual—$1000. 32 Fixing maximum prices for liquid fuel (1) During a period of emergency the Minister may, by notification published in the gazette— (a) fix a maximum price or maximum prices for the sale of a refined liquid petroleum product of a kind specified in the notification during a period specified in the notification; and (b) vary or revoke a notification previously published under this subsection. (2) A notification under subsection (1)— (a) may fix different maximum prices that vary according to factors specified in the notification; (b) may apply to sales generally of a refined liquid petroleum product, or to sales of a class specified in the notification; (c) may apply throughout the State or in any part or parts of the State as is or are specified in the notification. (3) Where a notification under subsection (1) has fixed a maximum price for the sale of a refined liquid petroleum product a person shall not sell or offer to sell that product, by way of a sale for which the maximum price has been so fixed, at a price in excess of the maximum price. Maximum penalty—$10,000 or 12 months imprisonment. 33 Regulation of disposal of liquid fuel brought into State (1) The Minister may, by notification published in the gazette, declare liquid fuel of a kind specified in the notification to be liquid fuel to which this section applies. (1A) Liquid fuel declared pursuant to subsection (1) is in subsection (2) referred to as declared liquid fuel. (2) A person shall not— (a) in Queensland sell or otherwise dispose of declared liquid fuel that has been brought into Queensland; or (b) remove from Queensland declared liquid fuel, except in accordance with the directions of the Minister. Maximum penalty—$1000. 34 Shortage may be general or restricted In this part a reference to a shortage or likely shortage of liquid fuel includes a shortage or likely shortage throughout Queensland of liquid fuel and a shortage or likely shortage in any part or parts of Queensland of liquid fuel. 35 Right of review (1) A person about whom any of the following decisions is made may apply, as provided under the QCAT Act, to QCAT for a review of the decision— (a) a refusal of a permit under this part; (b) a cancellation of a permit under this part; (c) a refusal to identify a person, association of persons or class of person as an essential user or as a high priority user of liquid fuel of a particular kind; (d) a revocation of an instrument identifying a person, association of persons or class of person as an essential user or as a high priority user of liquid fuel of a particular kind; (e) a refusal to identify a person or association of persons as a bulk customer of a relevant person for a particular refined liquid petroleum product; (f) a revocation of an instrument identifying a person or association of persons as a bulk customer of a relevant person for a particular refined liquid petroleum product. (2) Costs must not be awarded to either party to a review by QCAT. 35AA Minister need not give information notice (1) This section applies to a decision mentioned in section 35(1). (2) The Minister need not give an information notice for the decision if the Minister considers— (a) it is impracticable to give an information notice to each person in an association of persons or a class of persons; or (b) publication of the information notice might disclose confidential information or personal confidential information; or (c) it is impracticable to give an information notice for any other reason. (3) In this section— personal confidential information means confidential information that— (a) is not publicly available; and (b) identifies, or is likely to identify, a person or discloses matters about a person's affairs. reviewable decision means a reviewable decision under the QCAT Act. Part 5A Sustainable biofuel in petrol or diesel Division 1 Sale of sustainable biofuel Subdivision 1 Application of div 1 35A Application of div 1 (1) This division applies to the sale of petrol or a petrol-biobased petrol blend (petrol fuel), and the sale of diesel or a diesel-biobased diesel blend (diesel fuel), by a fuel seller— (a) to a person in Queensland; or (b) for delivery in Queensland, whether or not the sale is made in Queensland. (2) However, this division does not apply to the sale of— (a) petrol fuel or diesel fuel by a fuel wholesaler to another fuel wholesaler; or (b) diesel fuel by a fuel retailer. (3) Also, this division applies to the sale of petrol fuel by a fuel retailer only if the fuel retailer— (a) owns or operates 10 or more standard service stations; or (b) sells more than the threshold amount of petrol fuel in a calendar quarter at any 1 of the standard service stations that the fuel retailer owns or operates. (4) For subsection (1)(b), a sale of petrol fuel or diesel fuel is for delivery in Queensland if the terms of the sale— (a) require a party to the sale to deliver, or arrange delivery of, the petrol fuel or diesel fuel into or within Queensland; or (b) provide for delivery of the petrol fuel or diesel fuel into or within Queensland. (5) In this section— threshold amount means— (a) the amount prescribed by regulation; or (b) if an amount is not prescribed—250,000L. Subdivision 2 Sustainable biofuel requirements for fuel sellers 35B Sustainable biobased petrol requirement (1) This section applies to the sale of sustainable biobased petrol in— (a) a regular petrol-biobased petrol blend; or (b) a premium petrol-biobased petrol blend. (2) A fuel seller must sell at least the minimum amount of sustainable biobased petrol in each calendar quarter. Maximum penalty— (a) for a first offence—200 penalty units; or (b) for a second or later offence—2000 penalty units. (3) In this section— minimum amount means— (a) if the fuel seller is a fuel wholesaler—the volume of regular petrol and regular petrol-biobased petrol blend that the fuel seller sells in the calendar quarter, multiplied by the wholesale percentage; or (b) if this section applies to the fuel seller under section 35A(3)(b)—the volume of regular petrol and regular petrol-biobased petrol blend that the fuel seller sells in the calendar quarter at the standard service stations for which section 35A(3)(b) is satisfied, multiplied by the retail percentage; or (c) otherwise—the volume of regular petrol and regular petrol-biobased petrol blend that the fuel seller sells in the calendar quarter at the fuel seller's standard service stations, multiplied by the retail percentage. retail percentage means— (a) for the first 18 months after the commencement—3%; and (b) after that period— (i) if a percentage higher than 4% is prescribed by regulation for this definition—the prescribed percentage; or (ii) otherwise—4%. wholesale percentage means the percentage prescribed by regulation for this definition. 35C Sustainable biobased diesel requirement (1) This section applies to the sale of sustainable biobased diesel in a diesel-biobased diesel blend. (2) A fuel seller must sell at least the minimum amount of sustainable biobased diesel in each calendar quarter. Maximum penalty— (a) for a first offence—200 penalty units; or (b) for a second or later offence—2000 penalty units. (3) In this section— minimum amount means the volume of diesel and diesel-biobased diesel blend that the fuel seller sells in the calendar quarter, multiplied by— (a) if a percentage higher than 0.5% is prescribed by regulation for this definition—the prescribed percentage; or (b) otherwise—0.5%. 35D Defence for sustainable biofuel requirement (1) In a proceeding for an offence against section 35B or 35C, it is a defence for the person charged with the offence to prove that the person took all reasonable steps to prevent the offence. (2) When deciding whether the person took all reasonable steps to prevent the offence, the court may consider the following— (a) efforts the person made to secure enough supply of a sustainable biofuel blend; (b) efforts the person made to promote the sale of a sustainable biofuel blend; (c) any upgrade of infrastructure the person arranged to enable enough sales of a sustainable biofuel blend; (d) facilities the person made available for the sale of a sustainable biofuel blend. Subdivision 3 Returns and record keeping 35E Quarterly returns (1) A fuel seller must give a return, in the approved form, to the chief executive within 1 month after the end of each calendar quarter, unless the fuel seller has a reasonable excuse. Maximum penalty—100 penalty units. (2) The return must state the volume of the following that the fuel seller sold in the calendar quarter at each of the fuel seller's fuel facilities— (a) petrol and petrol-biobased petrol blend; (b) regular petrol; (c) regular petrol-biobased petrol blend; (d) premium petrol; (e) premium petrol-biobased petrol blend; (f) sustainable biobased petrol sold in petrol-biobased petrol blend; (g) low aromatic fuel; (h) for a fuel wholesaler— (i) diesel and diesel-biobased diesel blend; and (ii) diesel-biobased diesel blend; and (iii) sustainable biobased diesel sold in diesel-biobased diesel blend. 35F Record keeping (1) This section applies to a sale of petrol, a petrol-biobased petrol blend, diesel or a diesel-biobased diesel blend. (2) A fuel seller must keep a record of each sale for at least 2 years after the end of the calendar quarter in which the sale happened, unless the fuel seller has a reasonable excuse. Examples of a record— an invoice or receipt Maximum penalty—100 penalty units. Subdivision 4 Exemption from sustainable biofuel requirement 35G Granting exemption (1) The Minister may, on application by a fuel seller in the approved form, exempt the fuel seller from complying with a sustainable biofuel requirement for a stated period if the Minister is satisfied— (a) the fuel seller can not get enough sustainable biofuel or sustainable biofuel blend to comply with the requirement because of a shortage in the supply of the biofuel or blend; or (b) complying with the requirement would threaten the viability of the fuel seller's business; or (c) there are other extraordinary circumstances justifying the grant of the exemption. (2) The Minister may do the following before granting the exemption— (a) consult with stakeholders; (b) arrange for the fuel seller's business to be audited; (c) ask the fuel seller to give further information relevant to the application. (3) If the fuel seller does not comply with subsection (2)(c) within 14 days after being asked for the further information, the application is taken to have been withdrawn. (4) The Minister may grant an exemption on stated conditions. (5) Without limiting subsection (4), a condition may require the fuel seller to sell a stated amount of sustainable biofuel, in a calendar quarter, that is less than the amount required under the sustainable biofuel requirement. 35H Complying with conditions of exemption A person who is granted an exemption must comply with the conditions of the exemption. Maximum penalty—200 penalty units. 35I Cancelling exemption (1) The Minister may, by written notice to a fuel seller, cancel an exemption if the Minister is satisfied— (a) the reasons for the grant of the exemption no longer apply; or (b) the fuel seller has contravened a condition of the exemption. (2) However, the Minister must do the following before giving the notice— (a) give the fuel seller an opportunity to make written submissions about the proposed cancellation; (b) consider any written submissions the fuel seller makes. (3) Also, the Minister may do the following before cancelling the exemption— (a) consult with stakeholders; (b) arrange for the fuel seller's business to be audited. (4) The Minister must ensure that the cancellation of an exemption takes effect from the end of a calendar quarter. Subdivision 5 Suspension of sustainable biofuel requirement 35J Suspending sustainable biofuel requirement (1) This section applies if the Minister is satisfied— (a) all fuel sellers, or a class of fuel sellers, can not comply with a sustainable biofuel requirement because there is— (i) an industry-wide shortage in the supply of sustainable biofuel or a sustainable biofuel blend; or (ii) not enough demand for sustainable biofuel or a sustainable biofuel blend; or (b) a supply of sustainable biofuel or a sustainable biofuel blend poses a risk to public health or safety; or (c) that requiring all fuel sellers, or a class of fuel sellers, to comply with a sustainable biofuel requirement is having, or may have, an adverse impact on Queensland's economy; or (d) there are other extraordinary circumstances that justify suspending the operation of section 35B or 35C. Example of extraordinary circumstances for paragraph (d)— all fuel sellers, or a class of fuel sellers, can not get a supply of a sustainable biofuel blend because of road closures resulting from a natural disaster (2) The Minister may, by declaration, suspend the operation of section 35B or 35C for all fuel sellers, or a stated class of fuel sellers, for a stated period of not more than 1 year. (3) The Minister may consult with stakeholders before making the declaration. (4) The Minister may, in the same declaration, also suspend the operation of all or stated provisions of this part, other than this subdivision. (5) The Minister may not make a declaration in the circumstances mentioned in subsection (1)(a) or (c) for fuel sellers if the making of the declaration would mean the sum of the periods of all declarations, in either of the circumstances, for the fuel sellers in the last 2 years is more than 1 year. (6) A declaration under this section is subordinate legislation. 35K Cancelling suspension (1) The Minister may, by declaration, cancel a suspension if the Minister is satisfied the suspension is no longer necessary. (2) The Minister may consult with stakeholders before cancelling a suspension. (3) A declaration under this section is subordinate legislation. Division 2 Register of fuel sellers 35L Establishing register (1) The chief executive must establish a register of fuel sellers. (2) The chief executive may keep the register in the form the chief executive considers appropriate, including, for example, in electronic form. (3) The chief executive must record the following information in the register— (a) a fuel seller's registration information; (b) changes to a fuel seller's registration information; (c) other information that a fuel seller is required to give to the chief executive under this division. 35M Giving registration information A fuel seller must give the fuel seller's registration information, in the approved form, to the chief executive within 1 month after becoming a fuel seller, unless the fuel seller has a reasonable excuse. Maximum penalty—100 penalty units. 35N Notifying changes (1) A fuel seller must notify the chief executive of any change to the fuel seller's registration information within 1 month after the change happens, unless the fuel seller has a reasonable excuse. Maximum penalty—100 penalty units. (2) If a person stops being a fuel seller, the person must notify the chief executive of that fact within 1 month after the person stops being a fuel seller, unless the fuel seller has a reasonable excuse. Maximum penalty—100 penalty units. 35O Obtaining complete and clear information (1) This section applies if— (a) a fuel seller gives registration information or other information to the chief executive under this division; and (b) the chief executive considers the information is not complete or clear. (2) The chief executive may, by written notice, require the fuel seller to give stated information to the chief executive within a stated reasonable period of not less than 14 days. (3) The fuel seller must comply with the notice unless the fuel seller has a reasonable excuse. Maximum penalty—100 penalty units. Division 3 Other provisions 35P Reporting fuel sold (1) A fuel seller must give a report, in the approved form, to the chief executive before 31 July each year, unless the fuel seller has a reasonable excuse. Maximum penalty—100 penalty units. (2) The report must state the volume of petrol, petrol-biobased petrol blend, diesel, and diesel-biobased diesel blend, that the fuel seller supplied from each of the fuel seller's fuel facilities— (a) in the last financial year; and (b) in each calendar quarter of the last financial year. (3) This section does not apply to a fuel seller if the fuel seller gives the information mentioned in subsection (2) to the chief executive in or with returns given under section 35E. 35Q False or misleading information (1) A person must not give the chief executive information under this part the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units. (2) Subsection (1) does not apply to information in a document if the person, when giving the information— (a) tells the chief executive, to the best of the person's ability, how the document is false or misleading; and (b) if the person has, or can reasonably obtain, the correct information—gives the correct information to the chief executive. (3) Section 47 does not apply to a document containing information to which subsection (1) applies. 35R Publishing information The chief executive may publish, on the department's website, the following information about sustainable biofuel sold in a calendar quarter— (a) the amount of sustainable biofuel sold by all fuel sellers; (b) the amount of sustainable biobased petrol, stated as a percentage of the combined volume of regular petrol and regular petrol-biobased petrol blend, sold by— (i) all fuel sellers; or (ii) stated fuel sellers; (c) the amount of sustainable biobased diesel, stated as a percentage of the combined volume of diesel and diesel-biobased diesel blend, sold by— (i) all fuel sellers; or (ii) stated fuel sellers; 35S Compensation (1) Section 50 does not apply to a fuel seller complying with, or giving effect to— (a) a provision of this part; or (b) a direction, prohibition or requisition directed to the fuel seller for this part. (2) Subsection (1)(b) applies only if the person giving or making the direction, prohibition or requisition acted in good faith and without negligence. Part 6 Enforcement provisions 36 Authorised persons (1) The Minister may appoint such number of authorised persons as the Minister thinks necessary for the purpose of giving effect to and enforcing the provisions of this Act. (2) An authorised person shall perform such duties as the person is directed by the Minister, either generally or in a particular case. (3) Each authorised person shall be furnished with an identity card, which shall contain a certificate by the Minister that the person is an authorised person for the purposes of this Act. (3A) In subsection (3)— authorised person does not include a person who is a police officer. (4) A person to whom an identity card has been issued under this Act shall, upon the person ceasing to be an authorised person, surrender the identity card to the Minister or to a person nominated by the Minister by instrument in writing. Maximum penalty—$100. 37 Powers of authorised persons (1) An authorised person may, with such assistance as the authorised person considers necessary— (a) subject to subsection (4), enter any premises or place where there is carried on a business concerned with trading in liquid fuel and enter any other premises or place where the authorised person suspects on reasonable grounds that there is to be found evidence that an offence against this Act is being, has been or is about to be committed; (b) inspect all parts of any premises or place lawfully entered by the authorised person and any vehicle, vessel or aircraft therein that is so constructed as to be capable of transporting liquid fuel and all compartments, receptacles and equipment in or on such premises, places, vehicle, vessel or aircraft; (c) require the occupier or person apparently in charge of any premises or place lawfully entered by the authorised person— (i) to open in the presence of the authorised person any compartment or receptacle in or on such premises or place or in or on any such vehicle, vessel or aircraft therein; (ii) to examine in the presence of the authorised person the contents, being in the authorised person's opinion liquid fuel, of any such compartment or receptacle; (iii) to produce to the authorised person all documents relating to the business carried on at such premises or place; (d) examine and take extracts from or make copies of documents relating to a business carried on in or on any premises or place lawfully entered by the authorised person; (e) break open any compartment or receptacle that has not been opened in response to a requisition made by the authorised person; (f) examine the contents, being in the authorised person's opinion liquid fuel, of any compartment or receptacle in or on any premises or place lawfully entered by the authorised person; (g) seize and retain or secure any liquid fuel, vehicle, vessel, aircraft, receptacle, equipment, document or other thing whatsoever that in the authorised person's opinion is likely to afford evidence of an offence against this Act. (2) An authorised person may, with such assistance as the authorised person considers necessary— (a) where the authorised person suspects on r