Commonwealth Consolidated Acts

LIQUID FUEL EMERGENCY ACT 1984 - SECT 18

             (1)  During a period of national liquid fuel emergency, the Minister may, by writing, direct a relevant fuel industry corporation to cause a specified quantity of liquid fuel of a specified kind that is held by the corporation at a specified place (the old place ) in Australia to be transferred by a specified day to another specified place (the new place ) in Australia.

             (2)  The new place:

                     (a)  must be a place at which the corporation has adequate facilities to hold the quantity of liquid fuel to be transferred; and

                     (b)  if the old place is situated in a State, the Australian Capital Territory or the Northern Territory and the transfer is for purposes that do not include any or all of the purposes mentioned in subsection (3)--must not be situated in the same State or Territory as the old place.

             (3)  The purposes are as follows:

                     (a)  purposes related to the defence of Australia;

                     (b)  purposes related to the provision of fuel for ships and aircraft engaged in trade and commerce:

                              (i)  between Australia and places outside Australia; or

                             (ii)  among the States; or

                            (iii)  between a State and a Territory or between Territories;

                     (c)  purposes related to the export of liquid fuel from Australia;

                     (d)  purposes related to the carrying on of an activity to which paragraph 11(1)(d) applies.

Purpose of direction

             (4)  The Minister must not give a direction under subsection (1) unless it is for the purpose of dealing with a shortage or likely shortage of relevant liquid fuel.

Direction not a legislative instrument

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

Civil penalty

             (6)  A relevant fuel industry corporation must not, without reasonable excuse, contravene a direction in force under subsection (1).

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 decision

             (7)  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.