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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Fuel
Quality Standards Amendment Bill 2003
No.
, 2003
(Environment and
Heritage)
A Bill for an Act to amend the
Fuel Quality Standards Act 2000, and for related
purposes
Contents
A Bill for an Act to amend the Fuel Quality Standards
Act 2000, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Fuel Quality Standards Amendment Act
2003.
This Act commences on the day on which it receives the Royal
Assent.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
1 Section 3
Repeal the section, substitute:
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.
2 Subsection 4(1)
Insert:
fuel quality information standard means a standard under
section 22A.
3 Subsection 4(1)
regulated person has the meaning given by subsection
13(1).
4 Subsection 9(2)
Omit all the words after “Territory”, substitute:
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.
5 Section 11
Omit “an offence relating to the supply of fuel that does not comply
with a fuel standard”, substitute “offences 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”.
6 Section 11
After “vary a fuel standard”, insert “or a fuel quality
information standard”.
7 Section 11
After “making of fuel standards”, insert “and fuel
quality information standards”.
8 Subsection 12(1) (penalty)
Omit “1,000”, substitute “500”.
Note: The heading to section 12 is replaced by the
heading “Complying with fuel standards”.
9 Subsection 12(1) (note)
Repeal the note.
10 At the end of
section 12
Add:
(3) Subsection (1) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
11 At the end of Division 2 of
Part 2
Add:
(1) A person is guilty of 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) if any 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; and
(f) the supply is not in order to comply with a direction or order under
an emergency law.
Maximum 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.
12 Subsection 13(1)
Omit “, in respect of specified fuel that is the subject of a fuel
standard, varies the standard”, substitute “varies a fuel standard
or a fuel quality information standard”.
13 Subsection 17(1) (note)
Repeal the note.
14 At the end of paragraph
17A(c)
Add “or fuel quality information standard”.
15 Subsection 18(1) (note)
Repeal the note.
16 Subsection 18(2) (note 1)
Repeal the note.
17 Subsection 18(2) (note 2)
Repeal the note.
18 Section 19 (note)
Repeal the note.
19 At the end of
section 19
Add:
(2) Subsection (1) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
20 Subsection 20(1) (penalty)
Omit “1,000”, substitute “500”.
21 Subsection 20(1) (note)
Repeal the note.
22 At the end of
section 20
Add:
(3) Subsection (1) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
23 Division 6 of Part 2
(heading)
Repeal the heading, substitute:
24 Subsection 21(5)
Omit “main object”, substitute “objects”.
Note 1: The heading to section 21 is altered by
omitting “of” and substituting
“fuel”.
Note 2: The heading to subsection 21(5) is altered by
omitting “main object” and substituting
“objects”.
Note 3: The heading to section 22 is altered by
inserting “fuel” after
“stringent”.
25 After section 22
Insert:
Minister may determine fuel quality information standards
(1) The Minister may, in writing, 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.
Determinations are disallowable
(4) A determination under this section is a disallowable instrument for
the purposes of section 46A of the Acts Interpretation Act
1901.
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.
26 After paragraph 24A(1)(b)
Insert:
(ba) before making a determination under section 22A; and
27 Section 30 (penalty)
Omit “500”, substitute “250”.
28 Section 30 (note)
Repeal the note.
29 At the end of
section 30
Add:
(2) Subsection (1) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
30 Section 31 (penalty)
Omit “500”, substitute “250”.
31 Section 31 (note)
Repeal the note.
32 At the end of
section 31
Add:
(2) Subsection (1) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
33 Subsection 39(3) (note)
Repeal the note.
34 Subsection 39(4)
Repeal the subsection, substitute:
(4) Subsection (3) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
35 Subsection 42(2) (note)
Repeal the note.
36 Subsection 53(2) (note)
Repeal the note.
37 Subsection 62(1) (note)
Repeal the note.
38 Subsection 62(2) (note)
Repeal the note.
39 Subsection 66(1) (note)
Repeal the note.
40 Subsection 66(2)
Repeal the subsection, substitute:
(2) Subsection (1) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
41 Subsection 67(5) (note)
Repeal the note.
42 Subsection 67(6)
Repeal the subsection, substitute:
(6) Subsection (5) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
43 At the end of subsection
68(1)
Add:
; (c) making a determination under section 22A.