Commonwealth Consolidated Acts

FUEL QUALITY STANDARDS ACT 2000 - SECT 20

  (1)   A person commits an offence if:

  (a)   the person alters in any way fuel in Australia that is the subject of a fuel standard; and

  (b)   the person is a constitutional corporation or a Commonwealth entity or the person alters the fuel in the course of, or for any purpose that is incidental to, constitutional trade or commerce; and

  (c)   the person alters the fuel with the intention of using it in Australia; and

  (ca)   in the case where the fuel standard specifies the circumstances in which the standard applies--the person alters the fuel with the intention of using it in Australia in those circumstances; and

  (d)   the fuel as altered does not comply with the base standard (whether or not the fuel complied with that standard before the alteration); and

  (e)   another person (the supplier ) supplied the fuel to the person in Australia, and either:

  (i)   if the supplier held an approval varying the standard in respect of the supply--the fuel as altered does not comply with the standard as varied (whether or not the fuel complied with that standard as varied before the alteration); or

  (ii)   if another person held an approval varying the standard in respect of the supply by the supplier--the fuel as altered does not comply with the standard as varied (whether or not the fuel complied with that standard as varied before the alteration).

Note:   See section   5 for the applicable standard in respect of that supply.

Penalty:   500 penalty units.

  (2)   For the purposes of subsection   (1), base standard means the standard determined under section   21, disregarding the application of subsection   21(2).

  (3)   Subsection   (1) is an offence of strict liability.

Note:   For strict liability , see section   6.1 of the Criminal Code .