Commonwealth Consolidated Acts

FUEL QUALITY STANDARDS ACT 2000 - SECT 73

    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.

This Part sets out a regulatory regime in relation to activities involving fuel and fuel additives.

Division   2 creates offences and civil penalty provisions relating to supplying fuel that does not comply with fuel standards and to supplies of fuel that do not comply with fuel quality information standards.

Division   3 deals with the granting of approvals (including emergency approvals) to vary a fuel standard or a fuel quality information standard. It also deals with varying and revoking those approvals.

Division   4 deals with fuel documentation that is required for certain supplies of fuel in Australia.

Division   5 creates an offence and a civil penalty provision relating to the alteration of fuel.

Division   6 deals with the making and varying of fuel standards and fuel quality information standards and the consultation required beforehand. In some cases, notification, rather than consultation, is required.

Division   7 creates offences and civil penalty provisions relating to the supply or importation of a fuel additive that is covered by an entry in the Register of Prohibited Fuel Additives.

Division   8 deals with keeping the Register and the process to be followed before entries are made in it.

This Part mainly sets out an enforcement regime for the purpose of finding out whether this Act has been complied with or of assessing the correctness of information provided under this Act.

Division   2 provides for the appointment of inspectors.

Divisions   3 to 7 deal with the powers and obligations of inspectors and the rights and responsibilities of an occupier of premises when an inspector seeks to exercise powers.

Division   7A deals with the analysis of samples taken under this Part and the evidentiary value of certificates containing information about the analysis of such samples.

Division   8 deals with monitoring warrants and enforcement warrants.

Division   9 deals with the powers of magistrates under this Part.

Division   10 deals with injunctions restraining a person from engaging in conduct that would otherwise be an offence against this Act or a contravention of a civil penalty provision.

Division   11 sets out the procedure for obtaining an order that a pecuniary penalty be paid for the contravention of a civil penalty provision.

Division   12 allows a person to be given an infringement notice and, in most cases, avoid prosecution or civil proceedings if the person pays the amount required by the notice.

Division   13 allows for the Secretary to accept and enforce enforceable undertakings in relation to an offence against this Act or a contravention of a civil penalty provision.