Commonwealth Consolidated Acts

FUEL QUALITY STANDARDS ACT 2000 - SECT 17F

  (1)   The Minister may, in writing, vary the period of effect of an emergency approval if the Minister is satisfied that:

  (a)   the shortfall in respect of which the approval was first issued will continue to exist after the end of that period; and

  (b)   the shortfall will have, or is having, 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 holder of the approval), either separately or together; and

  (d)   the variation will enable, or assist in enabling, the shortfall to be met or mitigated; and

  (e)   the shortfall will continue to exist because of exceptional circumstances.

Note:   Before varying an emergency approval under this section, the Minister must consult the Fuel Standards Consultative Committee: see section   24B.

  (2)   The Minister may vary an emergency approval under subsection   (1) either:

  (a)   on the written application of the holder of the approval; or

  (b)   on the initiative of the Secretary.

  (3)   When deciding whether to vary an emergency approval under subsection   (1), the Minister:

  (a)   must have regard to the matters set out in subsection   15(1); and

  (b)   may also have regard to any other matters he or she considers relevant.

  (4)   If the Minister varies an emergency approval under subsection   (1), the Minister may also impose new conditions on the approval or vary or remove existing conditions.

  (5)   As soon as practicable after varying an emergency approval under subsection   (1), the Minister must cause to be published in the Gazette a notice containing the following information:

  (a)   the period of operation of the approval;

  (b)   the condition or conditions (if any) imposed, varied or removed;

  (c)   reasons for the variation.

  (6)   If:

  (a)   the holder of an emergency approval makes an application under paragraph   (2)(a) in relation to the approval; and

  (b)   the Minister does not vary the approval;

the Minister must, as soon as practicable, notify the holder, in writing, of the refusal.