Commonwealth Numbered Acts

Liquid Fuel Emergency Act 1984 No. 5 of 1984 - SECT 10

10. (1) At any time (whether or not during a period of national liquid fuel
emergency), the Minister may, by instrument in writing-

   (a)  specify guidelines to be observed in identifying persons who, or
        organizations which, have purchased in bulk, or who propose to
        purchase in bulk, a refined liquid petroleum product of a kind
        specified in the instrument from a relevant fuel industry corporation
        or from a relevant person as bulk customers of that corporation or
        that relevant person, as the case may be, in relation to that product;

   (b)  vary guidelines specified by him under this sub-section (including
        guidelines varied by virtue of a previous application or previous
        applications of this sub-section); and

   (c)  revoke guidelines specified by him under this sub-section (including
        guidelines varied by virtue of a previous application or previous
        applications of this sub-section).

(2) Without limiting the generality of sub-section (1), guidelines specified
under that sub-section may relate to the likelihood that activities carried on
by a person or organization before being identified as a bulk customer will
continue to be carried on by that person or organization during the period in
relation to which the identification has effect.

(3) The Minister may, by instrument in writing-

   (a)  identify a person or an organization as a bulk customer of a relevant
        fuel industry corporation or of a relevant person in relation to a
        period of national liquid fuel emergency and to a particular
        refined liquid petroleum product; and

   (b)  at any time revoke an instrument identifying a person or an
        organization in accordance with paragraph (a).

(4) The Minister shall not identify a person or an organization as a bulk
customer of a particular relevant fuel industry corporation or of a particular
relevant person in relation to a period of national liquid fuel emergency and
to a particular refined liquid petroleum product unless the person or
organization is so identified in accordance with guidelines specified under
sub-section (1) that are in force, in relation to that product, immediately
before the person or organization is so identified.

(5) The Minister shall not revoke an instrument identifying a person or an
organization as a bulk customer of a relevant fuel industry corporation or of
a relevant person in relation to a particular period of national liquid fuel
emergency and to a particular refined liquid petroleum product unless he is
satisfied that the person or organization has ceased to carry on activities by
reason of which the person or organization could have been identified as such
a bulk customer at the time when the instrument so revoked was made.

(6) For the purposes of this Act, a person or an organization identified as a
bulk customer of a particular relevant fuel industry corporation or of a
particular relevant person in relation to a period of national liquid fuel
emergency and to a particular refined liquid petroleum product shall be taken-

   (a)  if the person or organization was so identified before the
        commencement of that period-to be such a bulk customer for the
        duration of the period; or

   (b)  if the person or organization was so identified during the period-to
        have been such a bulk customer during that part of the planning period
        during which the person or organization was so identified that
        preceded the identification of the person or organization and to be
        such a bulk customer during the remainder of that planning period and
        during each succeeding planning period occurring during the
        period of national liquid fuel emergency.

(7) Where, after the commencement of a period of national liquid fuel
emergency, the Minister revokes an instrument identifying a person or an
organization as a bulk customer of a particular relevant fuel industry
corporation or of a particular relevant person in relation to that period of
national liquid fuel emergency and to a particular refined liquid petroleum
product, that person or organization shall be taken, for the purposes of this
Act, to have ceased to be such a bulk customer with effect from the expiration
of the planning period during which the instrument effecting the revocation
was made.

(8) Where the Minister, by instrument in writing-

   (a)  identifies a person or an organization under this section as a bulk
        customer of a particular relevant fuel industry corporation or of a
        particular relevant person in relation to a
        period of national liquid fuel emergency and to a particular
        refined liquid petroleum product; or

   (b)  revokes an instrument so identifying a person or an organization as
        such a bulk customer, the Minister shall forthwith cause a copy of the
        first-mentioned instrument to be made available to the person or
        organization concerned.