LOW AROMATIC FUEL BILL 2012

Low Aromatic Fuel Bill 2012 No. , 2012 i

Contents

Part 1--Preliminary

1 Short

title

...........................................................................................

2 Commencement

.................................................................................

Guide to this Act ................................................................................ 2

Object of this Act ............................................................................... 3

5 Dictionary

..........................................................................................

6 Act

binds

Crown

................................................................................

Relationship to State and Territory laws ............................................ 5

Part 2--Requirements relating to fuels for low aromatic fuel

areas and fuel control areas

Division 1--Requirements relating to regular unleaded petrol

for low aromatic fuel areas

Prohibition on supplying etc. regular unleaded petrol in low

aromatic fuel areas ............................................................................. 6

Division 2--Requirements relating to low aromatic fuel for low

aromatic fuel areas and fuel control areas

Requirements relating to low aromatic fuel for low aromatic

fuel areas and fuel control areas ......................................................... 8

Offence--contravening requirements relating to low

aromatic fuel ...................................................................................... 8

Division 3--Requirements relating to fuels generally for low

aromatic fuel areas and fuel control areas

Requirements relating to fuels generally for low aromatic

fuel areas and fuel control areas ....................................................... 10

12 Offence--contravening

requirements relating to fuels

generally .......................................................................................... 11

Consultation before determining requirements relating to

fuels generally .................................................................................. 12

Part 3--Designating low aromatic fuel areas and fuel control

areas

Minister may designate low aromatic fuel areas .............................. 13

Minister may designate fuel control areas ....................................... 13

Consultation before designating low aromatic fuel areas and

fuel control areas .............................................................................. 14

Part 4--Exemptions from requirements of this Act

Minister may exempt conduct in relation to low aromatic

fuel areas and fuel control areas ....................................................... 16

Part 1 Preliminary

Section 2

2 Low Aromatic Fuel Bill 2012 No. , 2012

2 Commencement

This Act commences on the day this Act receives the Royal

Assent.

3 Guide to this Act

This Act is about promoting the supply of low aromatic fuel and

controlling the supply of other fuels in certain areas in order to

reduce potential harm to the health of people living in those areas

from sniffing fuel (see the object of this Act in section 4).

Part 2--Requirements relating to fuels for low aromatic fuel areas

and fuel control areas

Division 1 of Part 2 deals with requirements relating to regular

unleaded petrol for low aromatic fuel areas. A corporation must not

supply regular unleaded petrol in a low aromatic fuel area.

Division 2 of Part 2 deals with requirements relating to low

aromatic fuel for low aromatic fuel areas and fuel control areas.

These requirements are determined by the Minister by legislative

instrument.

Division 3 of Part 2 deals with requirements for fuels generally for

low aromatic fuel areas and fuel control areas. These requirements

are determined by the Minister by legislative instrument.

Before making a determination for the purposes of Division 2 or 3

of Part 2, the Minister must be satisfied that making the

determination will further the object of this Act.

Part 3--Designating low aromatic fuel areas and fuel control

areas

Low aromatic fuel areas and fuel control areas are designated by

the Minister under Part 3.

The Minister may only designate an area as a low aromatic fuel

area, following appropriate consultation, if satisfied that doing so is

Preliminary Part 1

Section 4

Low Aromatic Fuel Bill 2012 No. , 2012 3

reasonably likely to help reduce potential harm from sniffing fuel

in that area.

The Minister may only designate an area as a fuel control area,

following appropriate consultation, if satisfied that doing so is

reasonably likely to help reduce potential harm from sniffing fuel

in that area or in a low aromatic fuel area.

Part 4--Exemptions from requirements of this Act

Under Part 4, the Minister may exempt specified conduct from one

or more of the requirements that would otherwise apply under

Part 2 in relation to a low aromatic fuel area or a fuel control area.

Part 5--Miscellaneous matters

Part 5 deals with miscellaneous matters, including reviewing the

operation of this Act and the power to make regulations.

Other introductory matters

Part 1 contains the Dictionary. The Dictionary is a list of every

term that is defined in this Act. A term will either be defined in the

Dictionary itself, or in another provision of this Act. If another

provision defines the term, the Dictionary will have a signpost to

that definition.

In addition, Part 1 deals with the application of this Act to the

Crown and the relationship between this Act and State and

Territory laws.

4 Object of this Act

The object of this Act is to reduce potential harm to the health of

people living in certain areas from sniffing fuel.

5 Dictionary

In this Act:

Part 1 Preliminary

Section 6

4 Low Aromatic Fuel Bill 2012 No. , 2012

conduct means an act, an omission to perform an act or a state of

affairs.

corporation means a corporation to which paragraph 51(xx) of the

Constitution applies.

emergency law means:

(a)

the

Liquid Fuel Emergency Act 1984; or

(b) a law prescribed by the regulations for the purposes of this

definition.

engage in conduct means:

(a) do an act; or

(b) omit to perform an act.

fuel control area means an area designated by the Minister under

section 15.

low aromatic fuel area means an area designated by the Minister

under section 14.

petrol means a petroleum based fuel (whether or not containing

ethanol) for spark-ignition internal combustion engines.

regular unleaded petrol means unleaded petrol that has a research

octane number of less than 95, but does not include low aromatic

fuel.

supply includes give, distribute, barter and exchange, whether or

not for consideration, and whether or not the supply is a wholesale

or retail supply.

6 Act binds Crown

(1) This Act binds the Crown in each of its capacities.

(2) This Act does not make the Crown liable to be prosecuted for an

offence.

(3) The protection in subsection (2) does not apply to an authority of

the Crown.

Part 2 Requirements relating to fuels for low aromatic fuel areas and fuel control areas

Division 1 Requirements relating to regular unleaded petrol for low aromatic fuel areas

Section 8

6 Low Aromatic Fuel Bill 2012 No. , 2012

Part 2--Requirements relating to fuels for low

aromatic fuel areas and fuel control areas

Division 1--Requirements relating to regular unleaded

petrol for low aromatic fuel areas

8 Prohibition on supplying etc. regular unleaded petrol in low

aromatic fuel areas

Offence--supplying regular unleaded petrol in low aromatic fuel

area

(1) A corporation must not supply regular unleaded petrol to a person

if the person is in a low aromatic fuel area.

Penalty: 300 penalty units.

Note:

Low aromatic fuel areas are designated by the Minister under

section 14.

Offence--transporting regular unleaded petrol for supply in low

aromatic fuel area

(2) A corporation must not transport regular unleaded petrol:

(a) intending to supply any of it to a person (the recipient); or

(b) believing that another person intends to supply any of it to a

third person (the recipient);

if the recipient is in a low aromatic fuel area.

Penalty 300 penalty units.

Offence--possessing regular unleaded petrol for supply in low

aromatic fuel area

(3) A corporation must not possess regular unleaded petrol intending

to supply any of it to a person if the person is in a low aromatic

fuel area.

Penalty 300 penalty units.

Requirements relating to fuels for low aromatic fuel areas and fuel control areas Part 2

Requirements relating to regular unleaded petrol for low aromatic fuel areas Division 1

Section 8

Low Aromatic Fuel Bill 2012 No. , 2012 7

Exceptions

(4) A corporation does not commit an offence against subsection (1),

(2) or (3) by engaging in particular conduct if:

(a)

both:

(i) the conduct is exempt under section 17; and

(ii) the corporation complies with any conditions of the

exemption in engaging in the conduct; or

(b) the corporation engages in the conduct in order to comply

with a direction or order under an emergency law.

Note:

A defendant bears an evidential burden in relation to a matter in this

subsection (see subsection 13.3(3) of the Criminal Code).

Part 2 Requirements relating to fuels for low aromatic fuel areas and fuel control areas

Division 2 Requirements relating to low aromatic fuel for low aromatic fuel areas and

fuel control areas

Section 9

8 Low Aromatic Fuel Bill 2012 No. , 2012

Division 2--Requirements relating to low aromatic fuel for

low aromatic fuel areas and fuel control areas

9 Requirements relating to low aromatic fuel for low aromatic fuel

areas and fuel control areas

Minister may determine requirements

(1) The Minister may, by legislative instrument, determine

requirements relating to the following:

(a) communicating information in connection with the supply of

low aromatic fuel in, or in relation to, a low aromatic fuel

area or fuel control area, including information promoting

low aromatic fuel;

(b) making and keeping records relating to the supply, transport,

possession or storage of low aromatic fuel in, or in relation

to, a low aromatic fuel area or a fuel control area;

supply, transport, possession or storage of low aromatic fuel

in, or in relation to, a low aromatic fuel area or a fuel control

area.

Note 1:

Low aromatic fuel areas and fuel control areas are designated by the

Minister under sections 14 and 15.

Note 2:

For specification by class, see subsection 13(3) of the Legislative

Instruments Act 2003.

(2) Without limiting subsection (1), a determination under that

subsection may determine requirements in relation to one or more

specified areas or areas in a specified class.

(3) Before making a determination under subsection (1), the Minister

must be satisfied that making the determination will further the

object of this Act.

10 Offence--contravening requirements relating to low aromatic

fuel

(1) A corporation must not contravene a requirement determined under

section 9.

Requirements relating to fuels for low aromatic fuel areas and fuel control areas Part 2

Requirements relating to low aromatic fuel for low aromatic fuel areas and fuel control

areas Division 2

Section 10

Low Aromatic Fuel Bill 2012 No. , 2012 9

Penalty: 100 penalty units.

Exceptions

(2) A corporation does not commit an offence against subsection (1)

by engaging in particular conduct if both:

(a) the conduct is exempt under section 17; and

(b) the corporation complies with any conditions of the

exemption in engaging in the conduct.

Note:

A defendant bears an evidential burden in relation to a matter in this

subsection (see subsection 13.3(3) of the Criminal Code).

Part 2 Requirements relating to fuels for low aromatic fuel areas and fuel control areas

Division 3 Requirements relating to fuels generally for low aromatic fuel areas and fuel

control areas

Section 11

10 Low Aromatic Fuel Bill 2012 No. , 2012

Division 3--Requirements relating to fuels generally for

low aromatic fuel areas and fuel control areas

11 Requirements relating to fuels generally for low aromatic fuel

areas and fuel control areas

Minister may determine requirements

(1) The Minister may, by legislative instrument, determine

requirements relating to the supply, transport, possession or storage

of a fuel in, or in relation to, a low aromatic fuel area or a fuel

control area.

Note:

Low aromatic fuel areas and fuel control areas are designated by the

Minister under sections 14 and 15.

(2) Without limiting subsection (1), a determination under that

subsection may do any or all of the following:

(a) prohibit (either absolutely or subject to conditions), limit,

restrict or otherwise affect the supply, transport, possession

or storage, of a fuel in, or in relation to, a low aromatic fuel

area or a fuel control area;

(b) require a fuel in a low aromatic fuel area or a fuel control

area to be stored or secured in accordance with the

determination;

area to be supplied in a specified kind of container;

(d) specify requirements in relation to communicating

information, in accordance with the determination, in

connection with a supply of a fuel in, or in relation to, a low

aromatic fuel area or a fuel control area;

(e) specify requirements in relation to the information or

documentation that a person must provide before a fuel is

supplied to the person in a low aromatic fuel area or a fuel

control area;

(f) require a person to make and keep records relating to the

supply, transport, possession or storage of a fuel in, or in

relation to, a low aromatic fuel area or a fuel control area in

accordance with the determination;

Requirements relating to fuels for low aromatic fuel areas and fuel control areas Part 2

Requirements relating to fuels generally for low aromatic fuel areas and fuel control

areas Division 3

Section 12

Low Aromatic Fuel Bill 2012 No. , 2012 11

(g) require a person to give the Minister specified information

relating to the supply, transport, possession or storage of a

fuel in, or in relation to, a low aromatic fuel area or a fuel

control area, including information relating to a suspected

offence against this Act.

(3) The paragraphs of subsection (2) do not limit each other.

(4) Without limiting subsection (1), a determination under that

subsection may determine requirements in relation to one or more

specified areas or areas in a specified class.

(5) Before making a determination under subsection (1), the Minister

must be satisfied that making the determination will further the

object of this Act.

(6) In making a determination under subsection (1), the Minister must

have regard to:

(a) the wellbeing of people living in and near the area; and

(b) any submissions of the kind referred to in paragraph 13(2)(b);

and

12 Offence--contravening requirements relating to fuels generally

(1) A corporation must not contravene a requirement determined under

section 11.

Penalty: 300 penalty units.

Exceptions

(2) A corporation does not commit an offence against subsection (1)

by engaging in particular conduct if:

(a)

both:

(i) the conduct is exempt under section 17; and

(ii) the corporation complies with any conditions of the

exemption in engaging in the conduct; or

(b) the corporation engages in the conduct in order to comply

with a direction or order under an emergency law.

Part 2 Requirements relating to fuels for low aromatic fuel areas and fuel control areas

Division 3 Requirements relating to fuels generally for low aromatic fuel areas and fuel

control areas

Section 13

12 Low Aromatic Fuel Bill 2012 No. , 2012

Note:

A defendant bears an evidential burden in relation to a matter in this

subsection (see subsection 13.3(3) of the Criminal Code).

13 Consultation before determining requirements relating to fuels

generally

(1) Before making a determination under section 11, the Minister must

consult with such persons and bodies from among the following as

the Minister considers appropriate:

(a) community representatives and bodies;

(b)

suppliers

fuel;

(d) any other person that the Minister considers appropriate.

(2) Without limiting subsection (1), the Minister must ensure that:

(a) information setting out the following has been made

available in the area or areas to which the determination

relates:

(i) the proposed requirements;

(ii) an explanation, in summary form, of the proposed

requirements; and

(b) people living in the area, and businesses and organisations

operating in the area, have been given a reasonable

opportunity to make submissions to the Minister about:

(i) the proposed requirements; and

(ii) the consequences of determining the proposed

requirements; and

(iii) their circumstances, concerns and views, so far as they

relate to the proposed requirements.

Designating low aromatic fuel areas and fuel control areas Part 3

Section 14

Low Aromatic Fuel Bill 2012 No. , 2012 13

Part 3--Designating low aromatic fuel areas and

fuel control areas

14 Minister may designate low aromatic fuel areas

(1) The Minister may, by legislative instrument, designate an area

specified in the instrument as a low aromatic fuel area.

(2) The Minister may only designate an area under subsection (1) if he

or she is satisfied that doing so is reasonably likely to help reduce

potential harm to the health of people living in that area from

sniffing fuel.

(3) In designating an area under subsection (1), the Minister must have

regard to:

(a) the wellbeing of people living in the area; and

(b) whether there is reason to believe that the health of people

living in the area has been harmed by sniffing fuel; and

concerns about sniffing fuel; and

(d) whether people living in the area have expressed the view

that their wellbeing will be improved if the area is designated

as a low aromatic fuel area; and

(e) any submissions of the kind referred to in paragraph 16(2)(b);

and

(f) the availability of low aromatic fuel in relation to the area;

and

(g) any other matter that the Minister considers relevant.

15 Minister may designate fuel control areas

(1) The Minister may, by legislative instrument, designate an area

specified in the instrument as a fuel control area.

(2) The Minister may only designate an area under subsection (1) if he

or she is satisfied that doing so is reasonably likely to help reduce

potential harm to the health of people living in that area or in a low

aromatic fuel area from sniffing fuel.

Part 3 Designating low aromatic fuel areas and fuel control areas

Section 16

14 Low Aromatic Fuel Bill 2012 No. , 2012

(3) In designating an area under subsection (1), the Minister must have

regard to:

(a) the wellbeing of people living in the area and any relevant

low aromatic fuel area; and

(b) whether there is reason to believe that the health of people

living in the area or any relevant low aromatic fuel area has

been harmed by sniffing fuel; and

aromatic fuel area have expressed their concerns about

sniffing fuel; and

(d) whether people living in the area or any relevant low

aromatic fuel area have expressed the view that their

wellbeing will be improved if the area is designated as a fuel

control area; and

(e) any submissions of the kind referred to in paragraph 16(2)(b);

and

(f) the availability of fuel (including low aromatic fuel) in

relation to the area; and

(g) any other matter that the Minister considers relevant.

16 Consultation before designating low aromatic fuel areas and fuel

control areas

(1) Before designating an area under section 14 or 15, the Minister

must consult with such persons and bodies from among the

following as the Minister considers appropriate:

(a)

community

representatives;

(b)

suppliers

fuel;

(d) any other person that the Minister considers appropriate.

(2) Without limiting subsection (1), the Minister must ensure that:

(a) information setting out the following has been made

available in the area:

(i) the proposal to designate the area;

(ii) an explanation, in summary form, of the consequences

of designating the area; and

Part 4 Exemptions from requirements of this Act

Section 17

16 Low Aromatic Fuel Bill 2012 No. , 2012

Part 4--Exemptions from requirements of this Act

17 Minister may exempt conduct in relation to low aromatic fuel

areas and fuel control areas

(1) The Minister may, by written instrument, exempt specified conduct

in, or in relation to, a low aromatic fuel area or a fuel control area

for the purposes of subsection 8(4), 10(2) or 12(2), but only if the

Minister is satisfied that:

(a) there are special circumstances justifying the exemption; and

(b) it is unlikely that the wellbeing of people will be adversely

affected by the exemption.

(2) Without limiting subsection (1), the Minister may exempt conduct:

(a) by one or more specified corporations or corporations in a

specified class; and

(b) in, or in relation to, one or more specified areas or areas in a

specified class.

(3) An exemption under subsection (1) is subject to the conditions

specified in the exemption.

Note 1:

For variation and revocation, see subsection 33(3) of the Acts

Interpretation Act 1901.

Note 2:

A corporation may commit an offence under Part 2 if the corporation

does not comply with a condition of an exemption.

(4) An exemption made under subsection (1) exempting conduct in

relation to one or more specified corporations is not a legislative

instrument.

(5) An exemption made under subsection (1) exempting the following

conduct is a legislative instrument:

(a) conduct by corporations in a specified class;

(b) conduct in, or in relation to, one or more specified areas or

areas in a specified class.

Miscellaneous Part 5

Section 18

Low Aromatic Fuel Bill 2012 No. , 2012 17

Part 5--Miscellaneous

18 Reviewing the operation of this Act

(1) The Minister must cause a review of the operation of this Act to be

undertaken as soon as possible after:

(a) the fifth anniversary of the commencement of this section;

and

(b) each fifth anniversary after the day mentioned in

paragraph (a).

(2) The persons who undertake the review must give the Minister a

written report of the review within one year after the relevant

anniversary mentioned in subsection (1).

(3) The Minister must cause a copy of the report of the review to be

tabled in each House of the Parliament within 15 sitting days of the

day on which the report is given to the Minister.

19 Regulations

The Governor-General may make regulations prescribing matters:

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or

giving effect to this Act.

Commonwealth of Australia Bills

LOW AROMATIC FUEL BILL 2012