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FUEL (PENALTY SURCHARGES) ADMINISTRATION ACT 1997 No. 166 of 1997 - SECT 13
Record-keeping obligations of persons acquiring ownership or physical control of fuel
(1) For the purposes of this section, a person is not to be taken to acquire
physical control of fuel if the person has taken charge of the fuel solely for
the purpose of transporting it from one place to another place (whether or not
the person is an employee of the owner of the fuel).
(2) A person is guilty of an offence if:
(a) the person acquires ownership or
physical control of fuel; and
(b) the person fails, at the time when the fuel enters the person's
ownership or physical control, to create a type A record in relation
to the acquisition of ownership or physical control of the fuel.
Penalty: 10 penalty units.
(3) Without limiting the manner in which a type A record can be created, if:
(a) a person (the acquirer ) acquires ownership or physical control of fuel;
and
(b) the acquirer is given a copy of the type C record of the disposal of
that fuel to the acquirer; and
(c) the acquirer signs the copy or the copy bears an imprint of the
acquirer's signature;
that copy of the type C record may, at the
discretion of the acquirer, be treated for all purposes as the
acquirer's type A record created in relation to that fuel.
(4) A person is guilty of an offence if:
(a) the person acquires ownership or
physical control of fuel; and
(b) the person subsequently stores some or all of that fuel; and
(c) the person fails, at the time of so storing the fuel, to create a type
B record in relation to the storage of the fuel so stored.
Penalty:
10 penalty units.
(5) For the purposes of subsection (4), storage of fuel does not include
having charge of the fuel in a vessel or vehicle for the purpose of moving the
fuel from one place to another.
(6) A person is guilty of an offence if:
(a) the person acquires ownership or
physical control of fuel; and
(b) the person subsequently uses, blends or disposes of some or all of
that fuel; and
(c) the person fails, at the time of so using, blending or disposing of
the fuel, to create a type C record in relation to the use, blending
or disposal of the fuel so used, blended or disposed of.
Penalty: 10
penalty units.
(7) A person who acquires ownership or physical control of fuel may, if the
person disposes of some or all of the fuel by transferring ownership or
physical control of that fuel to another person, give a copy of the type C
record relating to that fuel so disposed of to the person who acquires
ownership or physical control of the fuel.
Note: Chapter 2 of the C riminal
Code sets out the general principles of criminal responsibility applying in
respect of all offences set out in subsections (2), (4) and (6).
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