Commonwealth Consolidated Acts

LIQUID FUEL EMERGENCY ACT 1984 - SECT 10

             (1)  The Minister may, by writing, identify a person or an organisation as a bulk customer of a particular relevant fuel industry corporation, or of a particular relevant person, in relation to a particular refined liquid petroleum product.

Instrument not a legislative instrument

             (2)  An instrument under subsection (1) is not a legislative instrument.

Guidelines

             (3)  An instrument under subsection (1) must be in accordance with any guidelines made under this section that are in force at the time the instrument is made.

             (4)  The Minister must, by legislative instrument, make guidelines for the purposes of this section.

             (5)  Despite subsection 12(2) of the Legislative Instruments Act 2003 , guidelines made under subsection (4) may be expressed to take effect before the day they are registered under that Act.

Limits on revocation

             (6)  The Minister must not revoke an instrument under subsection (1) unless he or she is satisfied that the person or organisation has ceased to carry on activities because of which the person or organisation was identified as such a bulk customer.

Status as bulk customer during period of national liquid fuel emergency

             (7)  Subject to subsection (8), a person or an organisation identified as a bulk customer of a particular relevant fuel industry corporation or of a particular relevant person in relation to a particular refined liquid petroleum product is taken for the purposes of this Act:

                     (a)  if the identification is in force immediately before the start of a period of national liquid fuel emergency--to be such a bulk customer for all of that period; or

                     (b)  if the identification occurs during a planning period in relation to a period of national liquid fuel emergency--to be such a bulk customer during:

                              (i)  that part of the planning period that is after the identification; and

                             (ii)  each later planning period in relation to that period of national liquid fuel emergency.

Effect of revocation during a period of national liquid fuel emergency

             (8)  If:

                     (a)  the Minister revokes an instrument identifying a person or an organisation as a bulk customer of a particular relevant fuel industry corporation or of a particular relevant person in relation to a particular refined liquid petroleum product; and

                     (b)  the revocation occurs during a period of national liquid fuel emergency;

that person or organisation is taken, for the purposes of this Act, to cease to be such a bulk customer at the end of the planning period in which the revocation was made.

Notice of decisions

             (9)  If the Minister makes a decision:

                     (a)  identifying, or refusing to identify, a person or organisation as a bulk customer of a relevant fuel industry corporation, or of a relevant person, in relation to a particular refined liquid petroleum product; or

                     (b)  revoking the identification of a person or organisation as such a bulk customer;

the Minister must, as soon as practicable after making the decision, give notice of the decision to that person or organisation.