FUEL QUALITY STANDARDS ACT 2000
Table of Provisions
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
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
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.
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
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
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