FUEL QUALITY STANDARDS ACT 2000
FUEL QUALITY STANDARDS ACT 2000
TABLE OF PROVISIONS
Long Title
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
