Commonwealth Consolidated Acts

FUEL QUALITY STANDARDS ACT 2000 - SECT 20A

  (1)   A person contravenes this subsection 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

  (d)   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

  (e)   if the fuel standard applies only in specified circumstances--the fuel is intended to be used in those circumstances; and

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

  (g)   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.

Civil penalty:

  (a)   for an individual--500 penalty units; and

  (b)   for a body corporate--2,500 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).