Commonwealth of Australia Explanatory Memoranda

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FUEL QUALITY STANDARDS AMENDMENT BILL 2009

                                  2008-2009


               THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA


                                   SENATE


                 FUEL QUALITY STANDARDS AMENDMENT BILL 2009



                    SUPPLEMENTARY EXPLANATORY MEMORANDUM



             Amendments to be Moved on Behalf of the Government


 (Circulated by authority of the Minister for the Environment, Heritage and
                                  the Arts,
                     the Honourable Peter Garrett AM MP)



NOTES ON INDIVIDUAL CLAUSES

Amendment (1) - 15A After paragraph 70(1)(d)

1. Currently, section 70 of the Fuel Quality Standards Act 2000 (the Act)
   provides that an application may be made to the Administrative Appeals
   Tribunal (AAT) for review of specified decisions including a decision to
   refuse to grant an approval and a decision to vary or revoke an approval,
   but not a decision to refuse to vary an approval.   The amendment enables
   an application to be made to the AAT for a review of a decision of the
   Minister to refuse to vary an approval, other than a decision of the
   Minister to refuse to vary an emergency approval under section 17F.


2.    The amendment excludes a decision of the Minister to refuse to vary
   an emergency approval to extend the period of its effect under section
   17F.  An emergency approval remains in effect for the period specified in
   the approval or 14 days, whichever is the shorter period.  An emergency
   approval may be varied under section 17F to extend the period of its
   effect for a further period as specified in the approval or 14 days,
   whichever is the shorter period.  The short period within which an
   emergency approval remains in effect provides flexibility for the
   Minister to grant an approval to avoid a potential threat of a fuel
   supply shortage.  An emergency approval is an interim and short term
   measure following which an approval under section 13 of the Act may be
   granted. Given the short term nature of an emergency approval, it is
   therefore considered appropriate that a decision to refuse to vary an
   emergency approval to extend the period of its effect under section 17F
   is not subject to merits review in the AAT.