Commonwealth Numbered Acts

Liquid Fuel Emergency Act 1984 No. 5 of 1984 - SECT 11

11. (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, in relation to a
        refined liquid petroleum product of a kind specified in the
        instrument, persons or organizations as essential users, or high
        priority users, of that product in a State or Territory;

   (b)  vary guidelines specified by him under this sub-section (including
        criteria 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
        criteria 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 for the identification of persons or organizations as
essential users, or high priority users, of a refined liquid petroleum product
of a particular kind in a State or Territory may relate to-

   (a)  activities carried on by those persons or organizations outside that
        State or Territory; and

   (b)  the likelihood that activities carried on by persons or organizations
        before being identified as essential users, or as high priority users,
        of that product in that State or Territory will continue to be carried
        on by those persons or organizations during the period in relation to
        which the identification has effect.

(3) The Minister may, by instrument in writing, identify a person or
organization as an essential user, or as a high priority user, of a particular
refined liquid petroleum product in a State or Territory if, and only if, the
activities carried on by that person or organization, being activities by
reason of which the person or organization could be identified as an essential
user, or a high priority user, of that product in that State or Territory are,
or include-

   (a)  activities related to the defence of Australia;

   (b)  activities related to the provision of that product as fuel for ships
        and aircraft engaged in trade or commerce-

        (i)    between Australia and places outside Australia;

        (ii)   among the States; or

        (iii)  between a State and a Territory or between Territories;

   (c)  activities related to the export of that product from Australia; or

   (d)  activities (other than the activities referred to in paragraph (a),
        (b) or (c)) that the Minister, by notice published in the Gazette,
        determines to be activities of national significance.

(4) Subject to sub-section (5), a person or organization shall not be taken to
have been identified for the purposes of sub-section (6) as an essential user,
or as a high priority user, of a particular refined liquid petroleum product
in a State or Territory unless the person or organization is so identified by
the Energy Minister for that State or Territory, or by the Minister, 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
identified.

(5) An identification of a person or organization by the Energy Minister for a
State or Territory as an essential user, or as a high priority user, of a
particular refined liquid petroleum product in that State or Territory that
would, but for this sub-section, be taken to be an identification of the
person for the purposes of sub-section (6) shall not be taken to be an
identification for those purposes if at the time of the identification, the
person could have been identified under sub-section (3).

(6) For the purposes of this Act, a person or organization identified as an
essential user, or a high priority user, of a particular refined liquid
petroleum product in a particular State or Territory by the Energy Minister
for that State or Territory, or by the Minister, shall be taken-

   (a)  if the person or organization was so identified at a time other than
        during any planning period and the identification is not revoked
        before the commencement of the planning period next following the
        identification-to be such an essential user, or such a high priority
        user, for the duration of that planning period; or

   (b)  if the person or organization was so identified during a planning
        period-to have been such an essential user, or high priority user,
        during that part of the planning period that preceded the
        identification of the person or organization, and to be such an
        essential user, or high priority user, as the case requires, during
        the remainder of that planning period.

(7) Where the Minister makes a decision identifying, or refusing to identify,
a person or organization seeking identification as an essential user, or as a
high priority user, of a particular refined liquid petroleum product in a
State or Territory as such an essential user or as such a high priority user,
he shall forthwith cause notice in writing of that decision to be made
available-

   (a)  to that person or organization; and

   (b)  to the Energy Minister for that State or Territory.

(8) Where the Energy Minister for a Territory other than the Northern
Territory makes a decision identifying, or refusing to identify, a person
seeking identification as an essential user, or as a high priority user, of a
particular refined liquid petroleum product in that Territory as such an
essential user or as such a high priority user, the Energy Minister for that
Territory shall forthwith cause notice in writing of that decision to be made
available to that person or organization.

(9) Nothing in paragraph (3) (a), (b) or (c) shall be taken, by implication,
to limit the generality of paragraph (3) (d).