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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Liquid Fuel Supply (Ethanol)
Amendment Bill 2008
Queensland
Liquid Fuel Supply (Ethanol) Amendment
Bill 2008
Contents
Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Amendment of s 5 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Replacement of pt 5A, hdg. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Replacement of s 35A (Requirement to purchase ethanol) . . . . . 4
Division 1 Preliminary
35A Purpose of pt 5A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
35AA Application of pt 5A . . . . . . . . . . . . . . . . . . . . . . . . . . 5
35AB Definitions for pt 5A . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Division 2 Required ethanol content for motor spirit sales
35AC Initial minimum percentage ethanol content . . . . . . . . 6
35AD Subsequent increased minimum percentage ethanol
content ................................. 7
35AE Exemptions from ss 35AC and 35AD . . . . . . . . . . . . . 7
35AF Returns. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
35AG Requirement to keep records . . . . . . . . . . . . . . . . . . . 8
Division 3 Offences
35AH False or misleading returns . . . . . . . . . . . . . . . . . . . . 9
35AI Executive officers must ensure corporation complies
with pt 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Division 4 Miscellaneous provisions
35AJ Allegations of false or misleading matters . . . . . . . . . 10
2008
A Bill
for
An Act to amend the Liquid Fuel Supply Act 1984
Liquid Fuel Supply (Ethanol) Amendment Bill 2008
[s 1]
The Parliament of Queensland enacts-- 1
Clause 1 Short title 2
This Act may be cited as the Liquid Fuel Supply (Ethanol) 3
Amendment Act 2008. 4
Clause 2 Act amended 5
This Act amends the Liquid Fuel Supply Act 1984. 6
Clause 3 Amendment of s 5 (Interpretation) 7
Section 5-- 8
insert-- 9
`initial period, for part 5A, see section 35AB. 10
motor spirit, for part 5A, means prescribed motor spirit. 11
motor spirit-ethanol blend, for part 5A, see section 35AB. 12
primary wholesaler, for part 5A, see section 35AB. 13
relevant period, for part 5A, see section 35AB. 14
return, for part 5A, see section 35AB. 15
sell, for part 5A, see section 35AB.'. 16
Clause 4 Replacement of pt 5A, hdg 17
Part 5A, heading-- 18
omit, insert-- 19
`Part 5A Ethanol in motor spirit'. 20
Clause 5 Replacement of s 35A (Requirement to purchase ethanol) 21
Section 35A-- 22
omit, insert-- 23
Page 4
Liquid Fuel Supply (Ethanol) Amendment Bill 2008
[s 5]
`Division 1 Preliminary 1
`35A Purpose of pt 5A 2
`The purpose of this part is to require a minimum ethanol 3
content in relation to the total volume of motor spirit sales in 4
Queensland. 5
`35AA Application of pt 5A 6
`(1) This part applies to the sale of motor spirit by a primary 7
wholesaler-- 8
(a) to a person in Queensland; or 9
(b) for delivery in Queensland, whether or not the sale is 10
made in Queensland. 11
`(2) However, this part does not apply to a sale of motor spirit by a 12
primary wholesaler to another primary wholesaler. 13
`(3) For subsection (1)(b), a sale of motor spirit is a sale for 14
delivery in Queensland if the terms of the sale or any contract 15
for the sale-- 16
(a) require a party to the sale to deliver, or arrange delivery 17
of, the motor spirit into or within Queensland; or 18
(b) provide for delivery of the motor spirit into or within 19
Queensland. 20
`35AB Definitions for pt 5A 21
`In this part-- 22
initial period means-- 23
(a) the period prescribed under a regulation; or 24
(b) if a period is not prescribed--a period of 3 years starting 25
3 years after the commencement of this section. 26
motor spirit-ethanol blend means motor spirit that contains 27
ethanol. 28
Page 5
Liquid Fuel Supply (Ethanol) Amendment Bill 2008
[s 5]
Example-- 1
fuel known as E10 2
primary wholesaler means a relevant person who operates, or 3
supplies motor spirit, from any of the following facilities in 4
connection with the wholesaling of motor spirit-- 5
(a) an oil refinery; 6
(b) a shipping facility; 7
(c) a facility to which motor spirit is supplied by pipeline 8
from an oil refinery or shipping facility. 9
relevant period means-- 10
(a) each period prescribed under a regulation; or 11
(b) to the extent each period is not prescribed--each period 12
of 3 months starting at the beginning of January, April, 13
July and October in each year. 14
return means a return given under section 35AF(1). 15
sell, for motor spirit, includes the following-- 16
(a) sell the motor spirit by barter or exchange; 17
(b) supply the motor spirit for profit. 18
`Division 2 Required ethanol content for motor 19
spirit sales 20
`35AC Initial minimum percentage ethanol content 21
`(1) This section applies to the sale of motor spirit by a primary 22
wholesaler during the initial period. 23
`(2) The primary wholesaler must ensure the volume of ethanol in 24
motor spirit-ethanol blend sold by the wholesaler during each 25
relevant period is at least a fixed percentage of the total 26
volume of all motor spirit, including motor spirit-ethanol 27
blend, sold by the wholesaler during the relevant period. 28
Maximum penalty--200 penalty units or 12 months 29
imprisonment. 30
Page 6
Liquid Fuel Supply (Ethanol) Amendment Bill 2008
[s 5]
`(3) In this section-- 1
fixed percentage means-- 2
(a) the percentage prescribed under a regulation; or 3
(b) if a percentage is not prescribed--5%. 4
`35AD Subsequent increased minimum percentage ethanol 5
content 6
`(1) This section applies, from the prescribed day, to the sale of 7
motor spirit by a primary wholesaler. 8
`(2) The primary wholesaler must ensure the volume of ethanol in 9
motor spirit-ethanol blend sold by the wholesaler during each 10
relevant period is at least a fixed percentage of the total 11
volume of all motor spirit, including motor spirit-ethanol 12
blend, sold by the wholesaler during the relevant period. 13
Maximum penalty--200 penalty units or 12 months 14
imprisonment. 15
`(3) In this section-- 16
fixed percentage means-- 17
(a) the percentage prescribed under a regulation; or 18
(b) if a percentage is not prescribed--10%. 19
prescribed day means the day immediately after the initial 20
period ends. 21
`35AE Exemptions from ss 35AC and 35AD 22
`The Minister may, under section 52, exempt a primary 23
wholesaler from the operation of section 35AC(2) or 35AD(2) 24
only if the Minister is satisfied the person can not obtain, at 25
the price prescribed under a regulation, a sufficient quantity of 26
ethanol to enable the person to comply with the section. 27
Page 7
Liquid Fuel Supply (Ethanol) Amendment Bill 2008
[s 5]
`35AF Returns 1
`(1) A primary wholesaler must, within 1 month after the end of 2
each relevant period, give the Minister a return complying 3
with subsection (2). 4
Maximum penalty--200 penalty units. 5
`(2) The return must-- 6
(a) be in the approved form; and 7
(b) contain the following information-- 8
(i) the total volume of motor spirit sold, including 9
motor spirit-ethanol blend, during the relevant 10
period; 11
(ii) the total volume of ethanol, in the form of motor 12
spirit-ethanol blend, sold, during the relevant 13
period; 14
(iii) any other information prescribed under a 15
regulation. 16
`35AG Requirement to keep records 17
`(1) A primary wholesaler must, in the form and way, and for the 18
period, prescribed under a regulation, keep the records 19
necessary to enable the wholesaler to give the Minister the 20
returns required under section 35AF, unless the wholesaler 21
has a reasonable excuse. 22
Maximum penalty--200 penalty units. 23
`(2) Without limiting subsection (1), the records must include 24
details of transactions and other matters in relation to sales of 25
motor spirit that are prescribed under a regulation. 26
Page 8
Liquid Fuel Supply (Ethanol) Amendment Bill 2008
[s 5]
`Division 3 Offences 1
`35AH False or misleading returns 2
`(1) A person must not give the Minister a return containing 3
information that the person knows is false or misleading in a 4
material particular. 5
Maximum penalty--200 penalty units or 12 months 6
imprisonment. 7
`(2) Section 47 does not apply to a return mentioned in subsection 8
(1). 9
Editor's note-- 10
section 47 (Use of false documents etc.) 11
`35AI Executive officers must ensure corporation complies 12
with pt 5A 13
`(1) The executive officers of a corporation must ensure the 14
corporation complies with this part. 15
`(2) If a corporation commits an offence against a provision of this 16
part, each of its executive officers also commits an offence, 17
namely, the offence of failing to ensure the corporation 18
complies with the provision. 19
Maximum penalty--the penalty for the contravention of the 20
provision by an individual. 21
`(3) Evidence that the corporation has been convicted of an 22
offence against a provision of this part is evidence that each of 23
its executive officers committed the offence of failing to 24
ensure the corporation complies with the provision. 25
`(4) However, it is a defence for an executive officer to prove 26
that-- 27
(a) if the officer was in a position to influence the conduct 28
of the corporation in relation to the offence--the officer 29
exercised reasonable diligence to ensure the corporation 30
complied with the provision; or 31
Page 9
Liquid Fuel Supply (Ethanol) Amendment Bill 2008
[s 5]
(b) the officer was not in a position to influence the conduct 1
of the corporation in relation to the offence. 2
`(5) In this section-- 3
executive officer, of a corporation, means a person who is 4
concerned with, or takes part in, its management, whether or 5
not the person is a director or the person's position is given 6
the name of executive officer. 7
`Division 4 Miscellaneous provisions 8
`35AJ Allegations of false or misleading matters 9
`(1) This section applies to a proceeding for an offence against this 10
part described as involving-- 11
(a) false or misleading information; or 12
(b) a false or misleading document or statement. 13
`(2) It is enough for the complaint starting the proceeding to state 14
the document, information or statement was `false or 15
misleading' to the defendant's knowledge, without specifying 16
which.'. 17
18
Page 10
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