Commonwealth Numbered Acts

Liquid Fuel Emergency Act 1984 No. 5 of 1984 - SECT 22

22. (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 exists, will be required to be made available by
        relevant persons 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 relevant persons;

   (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
person who ordinarily makes a refined liquid petroleum product of a specified
kind available, in the course of his 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 relevant person,
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 specified in the
instrument-

   (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 relevant person;

   (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 relevant person; 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 relevant person.

(3) The Minister shall not specify a manner of calculating 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 persons
to make available for purchase by bulk customers of those relevant persons,
during a specified period, in accordance with allocation procedures specified
in the direction, quantities of a refined liquid petroleum product, any such
relevant person shall not, without reasonable excuse-

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

   (b)  make that product available for purchase in bulk by such a bulk
        customer of that relevant person, during that period, otherwise than
        in accordance with that direction; or

   (c)  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 relevant person.
(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 person 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 relevant person 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
person 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
        relevant person 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.