This Act commences on the day it is notified in the Gazette .
3 Act amended
This Act amends the Fair Trading (Fuel Prices) Act 1993 . 1
4 Interpretation
Section 2 is amended by inserting in subsection (1) the following definition:
(a) at least 2,000 litres; and
(b) delivered to or withdrawn from a place in the Territory under, or because of, an agreement for the sale, purchase or exchange of fuel.”.
5 Insertion
After section 7 the following sections are inserted:
“8 When a volume of fuel must be temperature converted
“(1) The volume of a fuel in a regulated transfer must be measured or calculated as if the fuel were at the temperature of 15 o C.
“(2) A person must not, without reasonable excuse, authorise a regulated transfer in which—
(a) the volume of the fuel is measured or calculated contrary to subsection (1); or
(b) the price or value of the fuel transferred is fixed by reference to a volume measured or calculated contrary to subsection (1).
Penalty for contravention of subsection (2):
(a) for a natural person—50 penalty units or imprisonment for 6 months, or both;
(b) for a body corporate—250 penalty units.
“9 Section 8 must not be circumvented
“(1) Section 8 applies even if there is an agreement or understanding to the contrary.
“(2) A provision in an agreement is void so far as it is inconsistent with section 8 or a right or remedy arising from the section.
“(3) Section 8 applies even if the proper law of the agreement is that of another jurisdiction.
“(4) Nothing in section 8 affects the operation of an agreement so far as it can operate consistently with that section.”.
6 Renumbering
Section 8 (Regulations) is renumbered as section 10.