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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Petroleum Legislation Amendment Bill 2001
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Petroleum Retailers Rights and
Liabilities Act 1982
3. The Act amended 3
4. Long title amended 3
5. Section 3 amended 3
6. Section 4 amended 5
7. Section 5 amended 11
8. Section 6 amended 16
9. Section 7 amended 17
10 . Section 10 repealed 17
11 . Section 12 amended 17
12 . Section 13 amended 17
13 . Certain references to underground storage amended 18
14 . Certain references to tenants amended 18
15 . Certain references to power corrected 18
Part 3 -- Petroleum Products Pricing
Act 1983
16 . The Act amended 20
17 . Section 22H amended 20
18 . Section 22J replaced 20
19 . Penalties amended 21
page i
4--2
Western Australia
LEGISLATIVE ASSEMBLY
(Proforma Committal)
Petroleum Legislation Amendment Bill 2001
A Bill for
An Act to amend the Petroleum Retailers Rights and Liabilities
Act 1982 and the Petroleum Products Pricing Act 1983 and for related
purposes.
The Parliament of Western Australia enacts as follows:
page 1
Petroleum Legislation Amendment Bill 2001
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Petroleum Legislation Amendment
Act 2001.
5 2. Commencement
(1) This Act comes into operation on a day fixed by proclamation.
(2) The day fixed under subsection (1) for section 18 may be
different from the day fixed for the other provisions.
page 2
Petroleum Legislation Amendment Bill 2001
Petroleum Retailers Rights and Liabilities Act 1982 Part 2
s. 3
Part 2 -- Petroleum Retailers Rights and Liabilities
Act 1982
3. The Act amended
The amendments in this Part are to the Petroleum Retailers
5 Rights and Liabilities Act 1982*.
[* Act No. 105 of 1982.
For subsequent amendments see 2000 Index to Legislation of
Western Australia, Table 1, p. 338.]
4. Long title amended
10 The long title is amended by deleting "Persons occupying Land
for the purpose of " and inserting instead the following --
" certain persons ".
5. Section 3 amended
Section 3(1) is amended as follows:
15 (a) by deleting the definition of "dispensing equipment" and
inserting instead the following definition --
"
"dispensing equipment" means --
(a) in relation to petrol or diesel fuel, a pump
20 that transfers motor fuel from any bulk
storage into the part of a road vehicle
designed to hold that kind of motor fuel for
use in the propulsion of that vehicle;
(b) in relation to LPG fuel, a device that
25 transfers LPG fuel from any bulk storage
into the part of a road vehicle designed to
hold LPG fuel for use in the propulsion of
that vehicle;
";
page 3
Petroleum Legislation Amendment Bill 2001
Part 2 Petroleum Retailers Rights and Liabilities Act 1982
s. 5
(b) by deleting the definition of "franchise agreement";
(c) by deleting the definition of "landlord" and inserting
instead the following definition --
"
5 "landlord" means, in relation to a site at which the
retailer is a tenant, the person who has granted to
the retailer the right to occupy the site;
";
(d) in the definition of "motor fuel", by inserting before
10 "petrol" the following --
" LPG (liquefied petroleum gas), ";
(e) by deleting the definition of "primary supplier" and
inserting instead the following definition --
"
15 "primary supplier", in relation to a particular kind
and, where applicable, grade of motor fuel, means
the person, if any, from whom the retailer would,
but for this Act, be obliged to purchase more than
50% of that kind and, where applicable, grade of
20 motor fuel for the site concerned;
";
(f) by inserting, in its appropriate alphabetical position, the
following definition --
"
25 "retailer" means a person who sells motor fuel by
retail at a site;
";
(g) by deleting the definition of "tenant" and inserting
instead the following definition --
30 "
"tenant" means, in relation to a site, a retailer whose
right to occupy the site at which motor fuel is sold
page 4
Petroleum Legislation Amendment Bill 2001
Petroleum Retailers Rights and Liabilities Act 1982 Part 2
s. 6
is not as the owner of the site but derives through
another person.
";
(h) by deleting the definition of "underground storage" and
5 inserting instead, in its appropriate alphabetical position,
the following definition --
"
"bulk storage" means a storage tank or a number of
storage tanks for motor fuel installed at a site;
10 ".
6. Section 4 amended
(1) Section 4(1) is repealed and the following subsections are
inserted instead --
"
15 (1) A retailer at a site may --
(a) purchase motor fuel, for resale at the site, from
a supplier other than the primary supplier for
that kind and, where applicable, grade of motor
fuel for that site; and
20 (b) if, under paragraph (a) or otherwise, the retailer
is lawfully able to purchase motor fuel for
resale at the site from a supplier other than the
primary supplier for that kind and, where
applicable, grade of motor fuel for that site --
25 (i) use, for the storage of that motor fuel,
any bulk storage at the site that is
suitable; and
(ii) use, for the dispensing of that motor
fuel, any dispensing equipment on the
30 site that is suitable.
page 5
Petroleum Legislation Amendment Bill 2001
Part 2 Petroleum Retailers Rights and Liabilities Act 1982
s. 6
(1a) Subsection (1) applies subject to this section but,
except as stated in subsection (1b), despite --
(a) any Act or law affecting the contractual
relationship between a landlord and a tenant;
5 or
(b) any agreement to the contrary, whether made
between the primary supplier and the retailer or
not.
(1b) Subsection (1)(a) does not apply if a purchase under
10 that paragraph would be contrary to an agreement that
was entered into before 10 February 2001.
(1c) An agreement resulting from the modification,
continuation, or renewal of an agreement entered into
before 10 February 2001 is to be considered, when
15 applying subsection (1b), to have been entered into on
the day on which it was most recently modified,
continued, or renewed, but --
(a) a modification is not to be taken into
consideration if it had no necessary connection
20 with the duration of the agreement; and
(b) a modification, continuation, or renewal is not
to be taken into consideration if the retailer was
the only party who had a choice about whether
the modification, continuation, or renewal
25 would be made.
(1d) Nothing in this section limits any right that the retailer
may, independently of this section, have to purchase
motor fuel, for resale at the site, from a supplier other
than the primary supplier for that kind and, where
30 applicable, grade of motor fuel for that site.
".
page 6
Petroleum Legislation Amendment Bill 2001
Petroleum Retailers Rights and Liabilities Act 1982 Part 2
s. 6
(2) Section 4(2) is repealed and the following subsection is inserted
instead --
"
(2) A right conferred on the retailer by subsection (1) is
5 not exercisable until 7 days after notice in writing of
the intention to exercise it has been given --
(a) if it is a right conferred by subsection (1)(a), to
the retailer's primary supplier, if any, for the
kind and, where applicable, grade of motor fuel
10 concerned;
(b) if it is a right conferred by subsection (1)(b), to
the retailer's landlord, if the retailer is a tenant,
and to the retailer's primary supplier, if any, for
the kind and, where applicable, grade of motor
15 fuel concerned.
".
(3) Section 4(3)(a) is amended by inserting before "grade" the
following --
" , where applicable, ".
20 (4) Section 4(3)(b)(i) and (ii) are each amended as follows --
(a) by inserting after "purchases motor fuel" the
following --
" of a particular kind and, where applicable, grade ";
(b) by inserting after "other than his primary supplier" the
25 following --
"
for that kind and, where applicable,
grade of motor fuel
";
30 (c) by deleting "each kind or grade from" and inserting
instead the following --
" that kind and, where applicable, grade from ".
page 7
Petroleum Legislation Amendment Bill 2001
Part 2 Petroleum Retailers Rights and Liabilities Act 1982
s. 6
(5) Section 4(3)(b)(ii) is amended by deleting "each kind or grade
as" and inserting instead the following --
" that kind and, where applicable, grade that ".
(6) Section 4(3)(c) is amended by deleting "does not display" and
5 inserting instead the following --
"
for the kind and, where applicable, grade of
fuel dispensed does not, and any bulk storage
on the site that is not underground and is used
10 to store motor fuel other than motor fuel
supplied by the primary supplier for the kind
and, where applicable, grade of fuel stored does
not, display
".
15 (7) Section 4(3)(h) is amended by deleting "petrol and diesel fuel"
and inserting instead the following --
" different kinds, grades, or brands of motor fuel ".
(8) Section 4(3)(i) is amended by deleting "that".
(9) At the foot of section 4(3), the following is inserted --
20 " Penalty: $20 000. ".
(10) After section 4(3) the following subsection is inserted --
"
(3a) For the purposes of deciding whether a
person has, as required by subsection
25 (3)(a), ensured, so far as is practicable, that
motor fuel that the retailer is obliged to
purchase from the primary supplier is
available for sale at the site, the lack of
availability of storage is not relevant.
30 ".
page 8
Petroleum Legislation Amendment Bill 2001
Petroleum Retailers Rights and Liabilities Act 1982 Part 2
s. 6
(11) Section 4(3) the following subsection is inserted --
"
(4) Subsection (3)(b) does not apply for a particular kind
or grade of motor fuel in any 6 month period if --
5 (a) the primary supplier has not, as reasonably
requested by the retailer, supplied the
reasonable requirements of the retailer for that
kind or grade of motor fuel in that period; and
(b) after the failure to supply --
10 (i) the retailer has given the primary
supplier notice in writing that it is
intended to rely on this subsection if the
supply requested is not made within a
further time reasonably specified in the
15 notice; and
(ii) the primary supplier does not make the
supply within that further time.
".
(12) After section 4(4), the following subsection is inserted --
20 "
(4a) For the purposes of deciding whether a person has, as
required by subsection (3)(g) or (h), ensured, so far as
is practicable, that bulk storage does not contain a
particular motor fuel, the lack of availability of other
25 storage is not relevant.
".
(13) Section 4(5) is amended as follows --
(a) by deleting "Where a term of provision of a franchise
agreement" and inserting instead the following --
30 " If a provision of an agreement ";
page 9
Petroleum Legislation Amendment Bill 2001
Part 2 Petroleum Retailers Rights and Liabilities Act 1982
s. 7
(b) in paragraph (a) --
(i) by inserting before "or any colour" the
following --
" of a kind or grade of motor fuel "; and
5 (ii) by inserting after "dispensing equipment" the
following --
" or on bulk storage that is not underground ";
(c) in paragraph (c) --
(i) by deleting "or" after "landlord" and inserting
10 instead the following --
" , if the retailer is a tenant, or a "; and
(ii) by inserting after "operated" the following --
" , or bulk storage being used, ";
(d) by deleting "term or";
15 (e) by deleting "tenant's" and inserting instead the
following --
" retailer's ".
(14) Section 4(6) is amended by inserting before "purchased" the
following --
20 " of the kind and, where applicable, grade concerned ".
(15) At the foot of section 4(6), the following is inserted --
" Penalty: $20 000. ".
(16) Section 4(7) is amended by deleting "who fails to make an entry
in a register as required by this Act or".
25 (17) At the foot of section 4(7), the following is inserted --
" Penalty for an offence under subsection (7): $20 000. ".
page 10
Petroleum Legislation Amendment Bill 2001
Petroleum Retailers Rights and Liabilities Act 1982 Part 2
s. 7
7. Section 5 amended
(1) Section 5(1) is amended as follows:
(a) in paragraph (a), by inserting after "site" the
following --
5 " if the retailer is a tenant ";
(b) by deleting paragraphs (b) and (c), and "and" between
those paragraphs, and inserting instead the following --
"
(b) may --
10 (i) with the permission of the owner of any
bulk storage, if the retailer does not own
it, isolate from the bulk storage any
other bulk storage;
(ii) with the permission of the landlord of
15 the site if the retailer is a tenant and, if
neither the retailer nor the landlord
owns the bulk storage to which the
dispensing equipment is to be
connected, the permission of the owner
20 of the bulk storage, install additional
dispensing equipment; and
(iii) with the permission of the owner of the
dispensing equipment, if the retailer
does not own it, connect any existing
25 dispensing equipment to any bulk
storage installed by the retailer;
and
(c) may, with the permission of the owner of the
dispensing equipment, if the retailer does not
30 own it, replace any dispensing equipment
connected to any existing bulk storage.
".
page 11
Petroleum Legislation Amendment Bill 2001
Part 2 Petroleum Retailers Rights and Liabilities Act 1982
s. 7
(2) Section 5(2) is amended by deleting all of the subsection before
"notice" and inserting instead the following --
"
A retailer at a site intending to exercise a right under
5 subsection (1) that is exercisable only with another
person's permission may give to the other person
".
(3) Section 5(3) is amended as follows:
(a) by deleting "14" and inserting instead the following --
10 " 28 ";
(b) by deleting paragraph (b) and inserting the following
paragraph instead --
"
(b) refuse to give permission, or give
15 permission subject to any condition, and
state the ground upon which permission is
refused or any condition is imposed.
".
(4) Section 5(3) and (4) are each amended by deleting "landlord or
20 a primary supplier" and inserting instead the following --
" person ".
(5) Section 5(4) is amended as follows:
(a) by deleting "or unreasonably refuses to give permission
to the tenant under that subsection";
25 (b) by deleting "to the tenant" after "given".
page 12
Petroleum Legislation Amendment Bill 2001
Petroleum Retailers Rights and Liabilities Act 1982 Part 2
s. 7
(6) After section 5(4), the following subsections are inserted --
"
(4a) A retailer who, under subsection (3), is refused
permission to exercise a right under subsection (1) is
5 deemed to have been given that permission if --
(a) the person who refused to give permission
concedes that the refusal was unreasonable; or
(b) the Commissioner has determined under
subsection (9) that the refusal was
10 unreasonable.
(4b) A retailer who, under subsection (3), is given
permission to exercise a right under subsection (1)
subject to any condition --
(a) is deemed to have been given that permission
15 unconditionally if --
(i) the person who gave permission concedes
that any condition was unreasonable; or
(ii) the Commissioner has determined under
subsection (9) that any condition was
20 unreasonable without specifying conditions
to which the retailer and the person giving
permission have agreed;
(b) if the Commissioner has determined under
subsection (9) that any condition was unreasonable
25 but specifies conditions to which the retailer and the
person giving permission have agreed, is deemed to
have been given that permission subject to those
conditions.
(4c) A determination of the Commissioner does not take
30 effect for the purposes of subsection (4a) or (4b)
unless --
(a) the time within which an appeal against the
determination may be made under subsection (10)
has elapsed without an appeal having been made; or
page 13
Petroleum Legislation Amendment Bill 2001
Part 2 Petroleum Retailers Rights and Liabilities Act 1982
s. 7
(b) although an appeal against the determination was
made under subsection (10), the appeal has been
withdrawn or has been finally disposed of without a
finding that the refusal or condition that the
5 Commissioner found to be unreasonable was
reasonable.
".
(7) Section 5(5) is amended by inserting after "have been given"
the following --
10 "
nor contrary to any condition to which the permission
is subject
".
(8) Section 5(6)(a) is amended by inserting after "manner" the
15 following --
"
and, subject to this paragraph, in accordance with any
relevant proposal given under subsection (2)
".
20 (9) Section 5(6)(b) is amended by deleting "insure" and inserting
instead --
" ensure ".
(10) At the foot of section 5(6), the following is inserted --
" Penalty: $20 000. ".
25 (11) Section 5(7) is amended as follows:
(a) by inserting after "under this section" the following --
" with the permission of another person ";
(b) by deleting "and hold harmless the landlord and the
primary supplier" and inserting instead the following --
30 " that person and hold that person harmless ";
page 14
Petroleum Legislation Amendment Bill 2001
Petroleum Retailers Rights and Liabilities Act 1982 Part 2
s. 7
(c) by deleting "either" and inserting instead the
following --
" the person ".
(12) After section 5(7) the following subsection is inserted --
5 "
(7a) Where a retailer exercises a right under this
section with the permission of another
person the retailer has no claim or suit
against that person in relation to any loss or
10 damage which the retailer or another person
may suffer by reason of the workmanship or
materials employed in the exercise of such
right or arising in respect of or from the use
of the bulk storage or dispensing equipment,
15 as the case may be, affected by that exercise.
".
(13) Section 5(8)(a) is amended by deleting "the landlord or primary
supplier may reasonably require;" and inserting instead --
" is prescribed by the regulations; ".
20 (14) Section 5(8)(b) is amended by deleting "landlord or primary
supplier" and inserting instead the following --
" person indemnified ".
(15) At the foot of section 5(8), the following is inserted --
" Penalty: $20 000. ".
25 (16) Section 5(9) is amended by deleting "the landlord or primary
supplier" and inserting instead the following --
" a person ".
page 15
Petroleum Legislation Amendment Bill 2001
Part 2 Petroleum Retailers Rights and Liabilities Act 1982
s. 8
(17) Section 5(9) is further amended by inserting before "shall" the
following --
"
or to the reasonableness of a condition subject to which
5 permission is given
".
(18) Section 5(10) is amended by deleting "tenant, landlord, or
primary supplier" and inserting instead the following --
" retailer or other person referred to in this section ".
10 8. Section 6 amended
(1) Section 6(1) is amended by deleting "or primary supplier" after
"maintained by the landlord" and inserting instead the
following --
"
15 , if the retailer is a tenant, or a primary supplier of any
kind or grade of motor fuel for the site
".
(2) Section 6(1) is further amended as follows --
(a) by deleting "50 per cent" and inserting instead the
20 following --
" 100% ";
(b) by inserting after "equipment" at the end of the
subsection the following --
"
25 while it is being used for the dispensing of
motor fuel supplied otherwise than by the
primary supplier
".
page 16
Petroleum Legislation Amendment Bill 2001
Petroleum Retailers Rights and Liabilities Act 1982 Part 2
s. 9
9. Section 7 amended
(1) Section 7(1) is amended by deleting "or primary supplier of "
and inserting instead the following --
"
5 of, or a primary supplier of any kind or grade of motor
fuel for,
".
(2) At the foot of section 7(1), the following is inserted --
" Penalty: $20 000. ".
10 (3) Section 7(2)(c) is amended by deleting "tenants" and inserting
instead the following --
" retailers ".
10. Section 10 repealed
Section 10 is repealed.
15 11. Section 12 amended
Section 12 is amended by deleting "Permanent Head of the
Department within the meaning of the Consumer Affairs
Act 1971" and inserting instead the following --
" Commissioner ".
20 12. Section 13 amended
(1) Section 13 is amended by inserting before "The Governor" the
subsection designation "(1)".
(2) At the end of section 13, the following subsection is inserted --
"
25 (2) The regulations may make contravention of any of
their provisions an offence and may provide for a
penalty for the offence not exceeding a fine of
page 17
Petroleum Legislation Amendment Bill 2001
Part 2 Petroleum Retailers Rights and Liabilities Act 1982
s. 13
$20 000 for an individual or $100 000 for a body
corporate.
".
13. Certain references to underground storage amended
5 A provision listed in the Table to this section is amended by
deleting "underground" and inserting instead the following --
" bulk ".
Table
s. 4(3)(g) and (h) s. 5(7)
s. 5(1)(a)
14. Certain references to tenants amended
10 (1) A provision listed in the Table to this subsection is amended by
deleting "tenant" (including where, in section 4(5)(b), it is
incorrectly spelt as "tentant") and inserting instead the
following --
" retailer ".
15 Table
s. 4(3) (in 2 places) s. 5(7) and (8)
s. 4(5)(a), (b), and (c) s. 6(1) and (2)
s. 4(6) (in 2 places) s. 7(1) (in 2 places)
s. 5(3)(a)
(2) Each of section 5(1), (5), and (6) is amended by deleting "tenant
of " and inserting instead the following --
" retailer at ".
15. Certain references to power corrected
20 (1) Section 5(9) is amended by deleting "of power" and "of a
power" and in each case inserting instead the following --
" of a right ".
page 18
Petroleum Legislation Amendment Bill 2001
Petroleum Retailers Rights and Liabilities Act 1982 Part 2
s. 15
(2) Section 7(1) is amended by deleting "or power".
(3) A provision listed in the Table to this subsection is amended by
deleting "power" and inserting instead the following --
" right ".
5 Table
s. 4(3)(g) and (h) s. 5(6) (in 4 places)
s. 5(3)(a) and (5) s. 5(7) (in 2 places)
page 19
Petroleum Legislation Amendment Bill 2001
Part 3 Petroleum Products Pricing Act 1983
s. 16
Part 3 -- Petroleum Products Pricing Act 1983
16. The Act amended
The amendments in this Part are to the Petroleum Products
Pricing Act 1983*.
5 [* Act No. 1 of 1983.
For subsequent amendments see 2000 Index to Legislation of
Western Australia, Table 1, p. 337.]
17. Section 22H amended
Section 22H is amended by deleting the definition of "kind of
10 motor fuel" and inserting the following definition instead --
"
"kind of motor fuel" refers to the type of motor fuel
and, if there are different grades or brands of a
particular type of motor fuel, motor fuel of that
15 type has to be of the same grade and brand for it to
be the same kind of motor fuel;
".
18. Section 22J replaced
Section 22J is repealed and the following section is inserted
20 instead --
"
22J. Regulations requiring notification of, and
restricting change of, price
(1) The regulations may --
25 (a) require a person who offers motor fuel for retail
sale at a particular place to have notified the
Commissioner, in accordance with the
regulations, of the standard retail price at which
each kind of motor fuel is to be offered for sale
30 at that place for a period fixed by the
regulations;
page 20
Petroleum Legislation Amendment Bill 2001
Petroleum Products Pricing Act 1983 Part 3
s. 19
(b) prohibit a person from offering motor fuel for
sale at a standard retail price that differs from
the standard retail price that was notified as
required by regulations under paragraph (a).
5 (2) If a kind of motor fuel is not available for retail sale at
a particular place except in accordance with an existing
agreement or arrangement between the customer and
the retailer, subsection (1) does not apply to the sale of
that kind of motor fuel at that place.
10 (3) The regulations may include provision for the
Commissioner to be notified if a person ceases,
temporarily or not, to be required by regulations under
subsection (1)(a) to notify in respect of all motor fuel
or any kind of motor fuel.
15 19. Penalties amended
(1) Under the provisions identified in the Table to this subsection
"Penalty: in the case of an individual, $4 000 and, in the case of
a body corporate, $10 000." is deleted and the following is
inserted instead --
20 " Penalty: $20 000. ".
Table
s. 11(1) s. 21
s. 14(1) s. 22B
s. 14(2) s. 22C
s. 15 s. 22D
s. 16(1) s. 22E
s. 17 s. 22F
s. 18(3) s. 27(5)
s. 19(1) s. 27A(5)
s. 20(1)
(2) The penalties specified under the provisions identified in
column 1 of the Table to this subsection are amended by
page 21
Petroleum Legislation Amendment Bill 2001
Part 3 Petroleum Products Pricing Act 1983
s. 19
deleting the amounts shown in column 2 and inserting instead
the amounts shown in column 3.
Table
column 1 column 2 column 3
provision amount deleted amount inserted
s. 25(1) $4 000 $20 000
s. 26 $4 000 $20 000
s. 33(1) $10 000 $20 000
(3) Section 34(a) is amended as follows --
5 (a) in subparagraph (i), by deleting "$1 000" and inserting
instead --
" $20 000 ";
(b) in subparagraph (ii), by deleting "$2 000" and inserting
instead --
10 " $100 000 ".
".
page 22
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