Commonwealth Consolidated Acts

LIQUID FUEL EMERGENCY ACT 1984 - SECT 12

             (1)  The Minister may, by writing, direct a relevant fuel industry corporation:

                     (a)  to maintain at all times after a specified day, at specified places in Australia, specified quantities of reserve supplies of a specified kind of liquid fuel; or

                     (b)  to accumulate, by a specified day, specified quantities of reserve supplies of a specified kind of liquid fuel and to maintain, at all times after that day, such quantities of reserve supplies of liquid fuel of that kind at specified places in Australia.

             (2)  The Minister must not give a direction under subsection (1) during a period of national liquid fuel emergency.

Note:          Section 17 deals with giving directions of a kind mentioned in subsection (1) of this section during a period of national liquid fuel emergency.

Purpose of direction

             (3)  The Minister must not give a direction under subsection (1) unless it is for the purpose of ensuring that, in the event of a period of national liquid fuel emergency, the relevant fuel industry corporation will be in a position to comply with any direction that could be given to it during that period under Part III.

Direction not a legislative instrument

             (4)  A direction under subsection (1) is not a legislative instrument.

Guidelines

             (5)  A direction under subsection (1) must be in accordance with any guidelines made under this section that are in force at the time the direction is given.

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

             (7)  Despite subsection 12(2) of the Legislative Instruments Act 2003 , guidelines made under subsection (6) may be expressed to take effect before the day they are registered under that Act.

Variation of quantities

             (8)  If:

                     (a)  a relevant fuel industry corporation is required by a direction under subsection (1) to maintain at a particular place a particular quantity of reserve supplies of liquid fuel of a particular kind; and

                     (b)  the Minister is satisfied that particular temporary circumstances exist;

the Minister may, in order to meet those circumstances, vary in writing the direction to specify a lesser quantity of reserve supplies of liquid fuel of that kind that the corporation needs to maintain at that place during a specified period.

Civil penalty

             (9)  A relevant fuel industry corporation must not, without reasonable excuse, contravene a direction in force under subsection (1) (including such a direction as varied under subsection (8)).

Note:          Under section 34, the Court may order a relevant fuel industry corporation that contravenes such a direction to pay a pecuniary penalty.

Notice of decisions

           (10)  The Minister must give notice of a direction under subsection (1) to the relevant fuel industry corporation. The direction comes into force when the notice is given.

           (11)  The Minister must give notice of a variation under subsection (8) to the relevant fuel industry corporation. The variation comes into effect when the notice is given.

Relationship with section 17

           (12)  If:

                     (a)  a direction (the earlier direction ) given to a relevant fuel industry corporation under subsection (1) is in force; and

                     (b)  a direction (the later direction ) is given to the corporation under subsection 17(1);

then the earlier direction ceases to be in force at the time the later direction comes into force.