Commonwealth Consolidated Acts

LIQUID FUEL EMERGENCY ACT 1984 - SECT 23

             (1)  During a period of national liquid fuel emergency, the Minister may give directions regulating or prohibiting the supply by relevant fuel industry corporations, in the course of their trading or commercial activities, of specified refined liquid petroleum products to persons generally or to specified persons.

Limitations on directions

             (2)  A direction under subsection (1) has effect in relation to one or more planning periods, in relation to the period of national liquid fuel emergency, that are specified in the direction. However, the direction has no effect in relation to any part of a planning period that occurs before the day on which the direction takes effect.

             (3)  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.

             (4)  The Minister must not give a direction under subsection (1) that relates only to the supply of refined liquid petroleum products to persons who are bulk customers of relevant fuel industry corporations.

Direction is a legislative instrument

             (5)  A direction given under subsection (1) is a legislative instrument, but neither section 42 nor Part 6 of the Legislative Instruments Act 2003 applies to the direction.

Guidelines

             (6)  A direction under subsection (1) must be in accordance with any guidelines made under this section.

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

When instruments take effect

             (8)  Despite subsection 12(2) of the Legislative Instruments Act 2003 , the following instruments may be expressed to take effect before the day they are registered under that Act:

                     (a)  a direction given under subsection (1);

                     (b)  guidelines made under subsection (7).

Civil penalty

             (9)  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.