Commonwealth Numbered Acts

Liquid Fuel Emergency Act 1984 No. 5 of 1984 - SECT 3

3. (1) In this Act, unless the contrary intention appears-

''aircraft'' means any machine or craft that can derive support in the
atmosphere from the reactions of the air or from buoyancy but does not include
an air-cushion vehicle;

''Australia'', when used in a geographical sense, includes the external
Territories;

''Agreement'' means the Agreement on an International Energy Program that was
signed at Paris on 18 November 1974;

''authority of the Commonwealth'' means-

   (a)  a body corporate established for a purpose of the Commonwealth by or
        under a law of the Commonwealth or a law of a Territory; or

   (b)  an incorporated company in which the Commonwealth, or a body corporate
        referred to in paragraph (a), has a controlling interest;

''contravention'', in relation to a relevant provision of this Act, includes a
failure to comply with that relevant provision;

''corporation'' means a body corporate that-

   (a)  is a foreign corporation;

   (b)  is a trading corporation; or

   (c)  is incorporated in an internal Territory;

''Court'' means the Federal Court of Australia;

''document'' includes-

   (a)  a book, plan, paper, parchment, film or other material on which there
        is writing or printing, or on which there are marks, symbols or
        perforations having a meaning for persons qualified to interpret them;

   (b)  a disc, tape, paper, film or other device from which sounds or images
        are capable of being reproduced; and

   (c)  any other record of information;

''Energy Minister'' means-

   (a)  in relation to a State-the Minister of the State who, under a law of
        that State, is responsible, or principally responsible, for the
        administration of emergency measures relating to any liquid fuel
        shortage that might affect that State;

   (b)  in relation to the Northern Territory-the person holding Ministerial
        office under section 36 of the
        Northern Territory (Self-Government) Act 1978
who, under a law of that Territory, is responsible, or principally
responsible, for the administration of emergency measures relating to any
liquid fuel shortage that might affect that Territory;

   (c)  in relation to the Australian Capital Territory (including the Jervis
        Bay Territory) and an external Territory (other than an external
        Territory referred to in paragraph (d))-the Minister for Territories
        and Local Government; and

   (d)  in relation to the Australian Antarctic Territory and the Territory of
        Heard Island and McDonald Islands-the Minister for Science and
        Technology;

''enter'', in relation to a ship or an aircraft, includes board;

''examine'' includes account, measure, weigh, grade or gauge;

''foreign corporation'' means a foreign corporation to which paragraph 51 (xx)
of the Constitution is applicable, and includes a body corporate that is
incorporated in an external Territory;

''liquid fuel'' means liquid petroleum, a liquid petroleum product, a liquid
petrochemical, methanol or ethanol;

''liquid petrochemical'' means a substance that is a petrochemical and is in a
liquid state at standard temperature and pressure;

''liquid petroleum'' means a substance that is petroleum and is in a liquid
state at-

     (a)   standard temperature and pressure; or


   (b)  a temperature and pressure prescribed for the purposes of this
        definition;

''liquid petroleum product'' means any substance that is a petroleum product
and is in a liquid state at-

     (a)   standard temperature and pressure; or


   (b)  a temperature and pressure prescribed for the purposes of this
        definition;

''offence against this Act'' means-

   (a)  an offence against sub-section 14 (4) or (5), 29 (5), 30 (2) or (3) or
        33 (1) of this Act; or

   (b)  an offence against-

        (i)    section 6, 7 or 7A of the Crimes Act 1914; or

        (ii)   sub-section 86 (1) of that Act by virtue of paragraph (a) of
               that sub-section,

being an offence that relates to an offence referred to in paragraph (a) of
this definition;

''officer of the Northern Territory'' means-

   (a)  an officer or employee of the Northern Territory;

   (b)  a member of the police force of the Northern Territory; or

   (c)  a person who constitutes, is a member of, or is employed by, an
        authority established by or under a law of the Northern Territory;

''officer of a State'', in relation to a State, means-

   (a)  an officer or employee of the State;

   (b)  a member of the police force of the State; or

   (c)  a person who constitutes, is a member of, or is employed by, an
        authority established by or under a law of the State;

''period of national liquid fuel emergency'' means a period specified in a
Proclamation made under sub-section 16 (1);

''petrochemical'' means a substance (not being a petroleum product), whether
in a gaseous, liquid or solid state, manufactured from any of, or from a
mixture of any of, the following substances, that is to say, a petroleum
product, petroleum or a petroliferous mineral;

''petroleum'' means-

   (a)  any naturally occurring hydrocarbon or mixture of hydrocarbons,
        whether in a gaseous, liquid or solid state; or

   (b)  any naturally occurring mixture of a hydrocarbon or hydrocarbons and
        of another substance or other substances, whether in a gaseous, liquid
        or solid state;

''petroleum product'' means-

   (a)  any hydrocarbon or mixture of hydrocarbons produced by subjecting
        petroleum to a process of refining or produced from petroliferous
        minerals; or

   (b)  any mixture of a hydrocarbon or hydrocarbons so produced with another
        substance or other substances;

''price'' includes a charge of any description;

''refined liquid petroleum product'' means-

   (a)  a liquid petroleum product, being-

        (i)    aviation gasoline;

        (ii)   motor spirit;

        (iii)  aviation turbine fuel;

        (iv)   lighting kerosine;

        (v)    heating oil;

        (vi)   power kerosine;

        (vii)  automotive distillate;

        (viii) industrial diesel fuel;

        (ix)   liquid petroleum gas;

        (x)    fuel oil;

        (xi)   bitumen;

        (xii)  naphtha;

        (xiii) lubricating oil; or

        (xiv)  lubricating grease;

   (b)  a liquid petroleum product (other than a liquid petroleum product
        referred to in paragraph (a) ) that is declared by the regulations to
        be a refined liquid petroleum product for the purposes of this Act;

   (c)  methanol; or

   (d)  ethanol;

''relevant fuel industry corporation'' means a corporation that-

   (a)  is engaged in the importation into Australia, or in the exportation
        from Australia, of liquid fuel;

   (b)  is engaged in the recovery of petroleum;

   (c)  is engaged in the refining or production of liquid fuel; or

   (d)  is engaged in the sale, in Australia, of liquid fuel, either in bulk
        or otherwise,

whether or not that activity constitutes the sole or principal activity in
which the corporation is engaged;

''relevant liquid fuel'', in relation to a period of national liquid fuel
emergency, means a liquid fuel the shortage or likely shortage of which
resulted in the declaration of that national liquid fuel emergency;

''relevant person'' means a person, other than a corporation, who-

   (a)  is engaged in the importation into Australia, or the exportation from
        Australia, of liquid fuel; or

   (b)  is engaged in the sale in Australia of liquid fuel, either in bulk or
        otherwise,

whether or not that activity constitutes the sole or principal activity in
which the person is engaged;

''relevant provision of this Act'' means sub-section 12 (5), 13 (5), 14 (2) or
(3), 17 (2), 18 (2), 19 (3), 20 (2), 21 (4), 22 (4), 23 (5) or 24 (5) or
section 28;

''ship'' means a vessel or boat of any description and includes-

   (a)  any floating structure; and

   (b)  any air-cushion vehicle;

''trading corporation'' means a trading corporation to which paragraph 51 (xx)
of the Constitution is applicable.

(2) In this Act, a reference to standard temperature and pressure is a
reference to a temperature of 15 degrees Celsius and a pressure of 101.325
kilopascals.

(3) In this Act, a reference to trading or commercial activities is a
reference to trading activities or commercial activities carried on within
Australia or carried on between Australia and places outside Australia.

(4) The express references in this Act to corporations and bodies corporate
shall not be taken to imply that references to persons do not also include
references to persons who are not natural persons.

(5) For the purposes of this Act, in interpreting whether a purchase of a
particular kind of refined liquid petroleum product is a purchase in bulk,
regard shall be had to all relevant matters, including, but without limiting
the generality of the foregoing, such matters (if any) as are prescribed in
relation to refined liquid petroleum products of that kind.