Commonwealth Numbered Acts

PETROLEUM AND OTHER FUELS REPORTING ACT 2017 (NO. 90, 2017) - SECT 13

Exceptions prescribed by the rules

             (1)  Subsection 11(2) does not apply in the circumstances prescribed by the rules.

Note:          A person bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

             (2)  Without limiting subsection (1), the rules must prescribe that subsection 11(2) does not apply in circumstances relating to a threshold or thresholds prescribed by, or worked out in accordance with, the rules.

Exemptions by the Secretary

             (3)  Subsection 11(2) does not apply to a particular person, in relation to a particular kind of covered activity and a particular kind of covered product, if the Secretary:

                     (a)  is satisfied that, in all the circumstances, it is not appropriate for that subsection to apply to the person in relation to the covered activity and the covered product; and

                     (b)  makes a written determination to that effect.

Note:          A person bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

             (4)  A determination under paragraph (3)(b) is not a legislative instrument.