New South Wales Consolidated Acts

PETROLEUM PRODUCTS SUBSIDY ACT 1997 - SECT 7C

7C Sale of subsidised petroleum products

(1) A registered person who sells any petroleum products by retail, being petroleum products in respect of which a subsidy has been paid or claimed, or is intended to be claimed by the registered person, must not:

(a) sell them otherwise than by ordinary retail sale or direct retail sale, or

(b) deliver them in connection with a sale to premises within a zone if the zone is not the zone by reference to which the subsidy was calculated by the registered person.

(2) A person who purchases petroleum products from a registered person, knowing that they are subsidised petroleum products, must not:

(a) sell them otherwise than by ordinary retail sale or direct retail sale, or

(b) deliver them in connection with a sale to premises within a zone if the zone is not the zone by reference to which the subsidy was calculated by the registered person.

(3) A person who contravenes subsection (1) or (2) is guilty of an offence.

Maximum penalty: 100 penalty units.

(4) It is a defence to a prosecution for an offence against this section if the person who sold or purchased the petroleum products pays to the Chief Commissioner, within 60 days after the petroleum products are sold or purchased, an amount determined as follows:

(a) in a case referred to in subsection (1) (b) or (2) (b)-an amount equal to the difference between:

(i) the subsidy paid or payable in respect of the petroleum products to the registered person, and

(ii) the subsidy that would have been paid or payable in respect of the petroleum products to the registered person if the subsidy were calculated by reference to the zone in which they were actually delivered in connection with the sale,

(b) in any other case-an amount equal to the subsidy paid or payable in respect of the petroleum products to the registered person.

(5) A person does not commit an offence against subsection (1) (b) or (2) (b) if the subsidy paid or payable in respect of the petroleum products to the registered person is equal to or less than the subsidy that would have been payable in respect of the petroleum products if the subsidy had been calculated by reference to the zone in which they were actually delivered in connection with the sale.

(6) Proceedings against a person for an offence against this section may not be taken until at least 60 days have elapsed since the petroleum products concerned were allegedly sold by the person.