Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Minister may grant to any person an approval in writing that varies a fuel standard or a fuel quality information standard in a specified way in respect of specified supplies of the fuel by:
(a) that person; or
(b) any other specified person (a regulated person ).
(2) Subject to subsection (3), the Minister may grant a type of approval under subsection (1), known as an emergency approval , if the Minister is satisfied that:
(a) a shortfall in the supply of a fuel will exist within two weeks; and
(b) the shortfall will have a serious impact on:
(i) the interests of consumers; or
(ii) economic or regional development; and
(c) the shortfall will not reasonably be met by one or more persons (other than the applicant for the approval), either separately or together; and
(d) granting the approval will enable, or assist in enabling, the shortfall to be met or mitigated; and
(e) the shortfall will exist because of exceptional circumstances.
Note: Before granting an emergency approval, the Minister must notify, rather than consult, the Fuel Standards Consultative Committee: see subsections 24A(1) and 24C(1).
(3) The Minister must not grant an emergency approval in respect of a particular shortfall in the supply of a fuel if the Minister has previously granted an emergency approval in respect of that shortfall.
(4) If an application for an approval is made and the Minister does not grant an approval, the Minister must refuse to grant the approval.
(5) If:
(a) an application for an approval (other than an emergency approval) is made; and
(b) within 21 days of receiving any recommendations of the Fuel Standards Consultative Committee arising out of the consultation required by section 24A, the Minister neither grants, nor refuses to grant, the approval;
the Minister is taken to have refused to grant the approval.
(6) An approval granted under subsection (1) is not a legislative instrument.