Australian Capital Territory Numbered Acts

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FAIR TRADING (FUEL PRICES) (AMENDMENT) ACT 1999 (NO. 45 OF 1999) - SECT 2

Commencement

    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:

“"regulated transfer" means a single consignment of a fuel that is—

        (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        (b)     delivered to or withdrawn from a place in the Territory under, or because of, an agreement for the sale, purchase or exchange of fuel.”.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.



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