Commonwealth Numbered Acts

Liquid Fuel Emergency Act 1984 No. 5 of 1984 - SECT 21

21. (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 for the calculation of the respective quantities of
        a refined liquid petroleum product of a kind specified in the
        instrument that, if the Governor-General declares that a national
        liquid fuel emergency will exist, would be required to be made
        available by relevant fuel industry corporations during each planning
        period in relation to that period of national liquid fuel emergency to
        persons who, or organizations which, are bulk customers of those
        corporations;

   (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) During a period of national liquid fuel emergency the Minister may, for
the purpose of dealing with a shortage or likely shortage of relevant liquid
fuel, by instrument in writing published in the Gazette, direct each relevant
fuel industry corporation that ordinarily makes a refined liquid petroleum
product of a specified kind available, in the course of its trading or
commercial activities for purchase in bulk in a State or Territory by persons
who are, or organizations that are, in relation to that product, bulk
customers of the corporation, to make available for purchase in bulk in that
State or Territory by those persons or organizations during a period that is
specified in the instrument, being a planning period in relation to that
period of national liquid fuel emergency, in accordance with bulk allocation
procedures approved by the Minister under section 13-

   (a)  in the case of such of those persons or organizations (if any) as have
        been identified by the Energy Minister for that State or Territory, in
        relation to that planning period, as essential users, or high priority
        users, of that product in that State or Territory, such respective
        quantities of that product as-

        (i)    are calculated by or on behalf of the Energy Minister for that
               State or Territory in accordance with a manner specified in the
               instrument; and

        (ii)   are notified in writing, by or on behalf of the Energy Minister
               for that State or Territory, to that corporation;

   (b)  in the case of such of those persons or organizations (if any) as have
        been identified by the Minister or by a delegate of the Minister, in
        relation to that planning period, as essential users, or high priority
        users, of that product in that State or Territory, such respective
        quantities of that product as-

        (i)    are calculated by or on behalf of the Minister in accordance
               with a manner specified in the instrument; and

        (ii)   are notified in writing, by or on behalf of the Minister, to
               that corporation; or

   (c)  in the case of such of those persons or organizations (if any) as are
        persons to whom or organizations to which neither paragraph (a) nor
        (b) applies, such respective quantities of that product as-

        (i)    are calculated by or on behalf of the Minister in accordance
               with a manner specified in the instrument; and

        (ii)   are notified in writing, by or on behalf of the Minister, to
               that corporation.

(3) The Minister shall not specify a manner of calculation of a quantity of a
refined liquid petroleum product for the purposes of a direction under
sub-section (2) that is not in accordance with guidelines that have been
specified under sub-section (1) in relation to that product and that are in
force at the time when the direction is given.

(4) Where the Minister has, under sub-section (2), directed relevant fuel
industry corporations to make available for purchase by bulk customers of
those corporations, during a specified period, in accordance with bulk
allocation procedures approved by the Minister under section 13, quantities of
a refined liquid petroleum product, any such corporation shall not, without
reasonable excuse-

   (a)  refuse or fail to make that product available for purchase by such a
        bulk customer of that corporation, during that period, in accordance
        with that direction; or

   (b)  make that product available for purchase in bulk, during that period,
        by a person who is not, in relation to that product, a bulk customer
        of that corporation.
(5) Without limiting the generality of the expression ''reasonable excuse'' in
sub-section (4), it is a reasonable excuse, for the purposes of paragraph (4)
(a), if the person in respect of whom, or the organization in respect of
which, a contravention of that sub-section is alleged to have been committed
in relation to a particular refined liquid petroleum product refused or failed
to produce to the relevant fuel industry corporation concerned a copy of the
notice that was caused to be made available to the person or organization by
the Minister under sub-section 10 (8) and stated the person or organization to
be a bulk customer of that corporation in relation to that product.
(6) Without limiting the generality of the expression ''reasonable excuse'' in
sub-section (4), it is a reasonable excuse, for the purposes of paragraph (4)
(a), if the person in respect of whom, or the organization in respect of
which, a contravention of that sub-section is alleged to have been committed
in relation to a particular refined liquid petroleum product, being a person
who is, or an organization that is, an essential user, or a high priority
user, of that product in the State or Territory in which the contravention is
alleged to have been committed, refused or failed to produce to the relevant
fuel industry corporation concerned-

   (a)  a copy of the notice that was caused to be made available to the
        person or organization by the Minister under sub-section 10 (8) and
        stated the person or organization to be a bulk customer of that
        corporation in relation to that product; and

   (b)  a copy of a notice that stated the person or organization to be such
        an essential user or such a high priority user, being a notice made
        available to that person or organization by the Energy Minister for
        that State or Territory or by the Minister.

(7) A manner of calculation of a quantity of a refined liquid petroleum
product specified in an instrument under sub-section (2) may be applicable
generally to persons or organizations respectively referred to in each of
paragraphs (2) (a), (b) and (c) or to persons or organizations included in
classes of persons or organizations so referred to, being classes that are
specified in the instrument.