Queensland Consolidated Acts Queensland Consolidated Acts(1) For the purpose of requiring the use in motor spirit of ethanol manufactured in Queensland the Governor in Council may make an order in council under this section, which order in council--
(a) may be directed to every person who in Queensland owns or operates an oil refinery or a seaboard terminal with facilities for the bulk storage of motor spirit, or 1 or more of such persons or a prescribed class thereof;
(b) may direct that a person to whom it applies, shall prior to selling any motor spirit while the order in council remains in force--
(i) purchase at a prescribed price a quantity of ethanol manufactured in Queensland equal to a prescribed number of litres for each 100L of motor spirit sold; and
(ii) blend the ethanol so purchased with the motor spirit and in accordance with prescribed directions (if any);
and may vary the quantity of ethanol required to be so purchased and blended by reference to prescribed criteria;
(c) may prescribe the person or class of person from whom ethanol shall be purchased for the purpose of complying with the directions;
(d) may direct a person to whom the order in council applies to furnish to the Minister prescribed returns of information;
(e) may provide such other directions as may be necessary or desirable to implement the objects of the order in council.
(2) The Governor in Council shall not make an order in council under this section unless the Governor in Council is satisfied that there shall be available for purchase at the prescribed price quantities of ethanol manufactured in Queensland sufficient to allow compliance with the order in council.
(3) In calculating the quantity of ethanol required to be purchased and blended by a person to whom an order in council made under subsection (1) applies--
(a) subject to paragraph (b), every sale made by the person in Queensland of motor spirit shall be taken into account, whether or not the sale is made in connection with the ownership or operation of an oil refinery or a seaboard terminal with facilities for the bulk storage of motor spirit;
(b) there shall not be taken into account the sale by the person of any motor spirit that is the subject of interstate trade or commerce within the meaning of section 92 of the Constitution of the Commonwealth;
(c) in the case of the resale by the person of motor spirit purchased by the person, ethanol manufactured in Queensland and blended with the motor spirit (in accordance with prescribed directions, if any) prior to its purchase by the person shall be deemed to have been purchased and blended by the person in accordance with the requirements of the order in council in respect of the resale.
(4) A person shall not refuse or fail to comply with a direction under subsection (1) that is applicable to the person unless the person has a reasonable excuse.
Maximum penalty--
(a) in the case of a body corporate--1000 penalty units; or
(b) in the case of an individual--200 penalty units or 12 months imprisonment.
(5) In this section--
(a) a reference to the sale of motor spirit includes a reference to its sale by barter or exchange, and its supply for profit;
(b) the term prescribed means prescribed by an order in council made under this section;
(c) the term motor spirit means prescribed motor spirit.