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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Petroleum Products (Pricing) Act 2000
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 1
3. Definitions 2
4. Declaration of suppliers and classes of petrol 3
5. Declared suppliers to provide price information 3
6. Determination of mean average price of petrol and gas 4
7. Cap on petrol and gas prices in rural Victoria 4
8. Place of sale 6
9. Delegation 6
10. Application of provisions of Fair Trading Act 1999 6
11. Operation of Fuel Prices Regulation Act 1981 6
__________________
SCHEDULE--Melbourne Metropolitan Area 8
NOTES 9
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PARLIAMENT OF VICTORIA
Initiated in Assembly on 24 May 2000 by Mr Savage
A BILL
to regulate the retail price of petrol and liquefied petroleum gas in
rural Victoria and for other purposes.
Petroleum Products (Pricing) Act 2000
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to regulate the retail
price of petrol and liquefied petroleum gas in rural
Victoria.
5 2. Commencement
(1) Subject to sub-section (2), this Act comes into
operation on a day to be proclaimed.
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Petroleum Products (Pricing) Act 2000
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Act No.
(2) If this Act does not come into operation before
1 January 2001, it comes into operation on that
day.
3. Definitions
5 In this Act--
"business day" means a day other than a
Saturday or Sunday or a day which is a
public holiday or public half-holiday in the
Melbourne metropolitan area;
10 "declared supplier" means a declared supplier
under section 4;
"Director of Consumer and Business Affairs"
means the Director within the meaning of the
Fair Trading Act 1999;
15 "liquefied petroleum gas" means liquefied
petroleum gas intended to be used for
automotive purposes;
"Melbourne metropolitan area" means--
(a) the municipal districts of the municipal
20 councils set out in the Schedule; and
(b) the docklands area within the meaning
of the Docklands Authority Act 1991;
"retailer" means a person who carries on a
business of selling or supplying petrol or
25 liquefied petroleum gas by retail;
"rural Victoria" means any part of Victoria
outside the Melbourne metropolitan area;
"sell" includes offer to sell;
"supplier" means any person who carries on a
30 business of--
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Petroleum Products (Pricing) Act 2000
s. 4
Act No.
(a) refining or importing petroleum
products for the purposes of sale or
supply; or
(b) producing or importing liquefied
5 petroleum gas for the purposes of sale
or supply.
4. Declaration of suppliers and classes of petrol
The Governor in Council may, by Order published
in the Government Gazette--
10 (a) declare a supplier to be a declared supplier
for the purposes of this Act; and
(b) declare a class of petrol to be a declared
class of petrol for the purposes of this Act.
5. Declared suppliers to provide price information
15 (1) A declared supplier must provide the following
information to the Director of Consumer and
Business Affairs on each business day at the time
determined by the Director--
(a) the current retail price per litre of each
20 declared class of petrol at each petrol pump
supplied by the declared supplier in the
Melbourne metropolitan area; and
(b) the current retail price per litre of liquefied
petroleum gas at each gas pump supplied by
25 the declared supplier in the Melbourne
metropolitan area.
Penalty: 120 penalty units or 12 months
imprisonment or both.
(2) The Director of Consumer and Business Affairs
30 may determine different times under sub-section
(1) for different days or for different suppliers or
both.
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Act No.
(3) A declared supplier must not provide false or
misleading information to the Director of
Consumer and Business Affairs under this section.
Penalty: 120 penalty units or 12 months
5 imprisonment or both.
6. Determination of mean average price of petrol and
gas
(1) Not later than 4 pm on each business day, the
Director of Consumer and Business Affairs must
10 determine a price to be the mean average retail
price per litre in the Melbourne metropolitan area
for--
(a) each declared class of petrol;
(b) liquefied petroleum gas.
15 (2) The determination is to be based on the
information provided to the Director of Consumer
and Business Affairs under section 5 each day.
(3) The Director of Consumer and Business Affairs
must ensure that each price determined on any day
20 is published generally throughout Victoria before
the end of that day.
(4) A determination is to be published in a manner
determined by the Director of Consumer and
Business Affairs which may include publication
25 on radio, television, the internet or through any
print or telecommunication medium.
7. Cap on petrol and gas prices in rural Victoria
(1) A retailer must not sell petrol of a declared class
at a place in rural Victoria that is located
30 200 kilometres or less from the Melbourne
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Act No.
metropolitan area for a price per litre greater than
the last price determined under section 6 for that
class of petrol plus 4 cents per litre.
Penalty: 120 penalty units or 12 months
5 imprisonment or both.
(2) A retailer must not sell liquefied petroleum gas at
a place in rural Victoria that is located
200 kilometres or less from the Melbourne
metropolitan area for a price per litre greater than
10 the last price determined under section 6 for
liquefied petroleum gas plus 4 cents per litre.
Penalty: 120 penalty units or 12 months
imprisonment or both.
(3) A retailer must not sell petrol of a declared class
15 at a place in rural Victoria that is located more
than 200 kilometres from the Melbourne
metropolitan area for a price per litre greater than
the last price determined under section 6 for that
class of petrol plus 7 cents per litre.
20 Penalty: 120 penalty units or 12 months
imprisonment or both.
(4) A retailer must not sell liquefied petroleum gas at
a place in rural Victoria that is located more than
200 kilometres from the Melbourne metropolitan
25 area for a price per litre greater than the last price
determined under section 6 for liquefied
petroleum gas plus 7 cents per litre.
Penalty: 120 penalty units or 12 months
imprisonment or both.
30 (5) For the purposes of this section, a distance of a
place from the Melbourne metropolitan area must
be determined by measuring the distance between
that place and the nearest point on the boundary of
the metropolitan area.
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(6) It is a defence to a prosecution for an offence
under this section if the retailer proves that the
retailer did not know and had no reasonable
means of finding out the relevant price determined
5 under section 6 for the relevant class of petrol or
liquefied petroleum gas.
8. Place of sale
For the purposes of this Act a sale of petrol or gas
to a person is deemed to take place at the place
10 where the petrol or gas is physically delivered to
that person.
9. Delegation
The Director of Consumer and Business Affairs
may, by instrument, delegate to any person or
15 class of persons employed under Part 3 of the
Public Sector Management and Employment
Act 1998 in the administration of this Act, any of
the Director's functions or powers under this Act,
other than this power of delegation.
20 10. Application of provisions of Fair Trading Act 1999
Part 10 of the Fair Trading Act 1999 (except
section 121) extends and applies (with any
necessary modifications) to this Act as if any
reference in that Part to the Fair Trading Act
25 1999 were a reference to this Act.
11. Operation of Fuel Prices Regulation Act 1981
If a determination under section 6 is inconsistent
with an Order under the Fuel Prices Regulation
Act 1981, the determination under section 6
30 prevails.
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__________________
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Sch.
Act No.
SCHEDULE
MELBOURNE METROPOLITAN AREA
MUNICIPAL COUNCILS
Banyule Maribyrnong
Bayside Maroondah
Boroondara Melbourne
Brimbank Melton
Cardinia Monash
Casey Moonee Valley
Darebin Moreland
Frankston Mornington Peninsula
Glen Eira Nillumbik
Greater Dandenong Port Phillip
Hobsons Bay Stonnington
Hume Whitehorse
Kingston Whittlesea
Knox Wyndham
Manningham Yarra
5
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Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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Act No.
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