Commonwealth Numbered Regulations

1984 No. 96 GUIDELINES UNDER SUB-REGON 11 (1) OF THE LIQUID FUEL EMERGENCY ACT 1984 - REG 2

2. (1) A person or an organization shall be taken to be an essential user of a
prescribed product in a State or Territory-

   (a)  if the person or organization-

        (i)    ordinarily carries on, or proposes to carry on, in the State or
               Territory, activities that are indispensable for the provision
               to the community, or to a section of the community, in the
               State or Territory or in another State or Territory of goods or
               services the supply of which is essential for the preservation
               of the health, safety or general welfare of the community or
               that section of the community;

        (ii)   is likely to carry on, or to continue to carry on, those
               activities during the planning period in relation to which the
               identification of the person or organization as an essential
               user is to have effect; and

        (iii)  would be unable to carry on those activities unless the
               prescribed product was made available to the person or
               organization; or

   (b)  where paragraph (a) does not apply, if-

        (i)    the person or organization will, during the planning period in
               relation to which the identification of the person or
               organization as an essential user is to have effect, be unable
               to carry on, or to continue to
carry on, activities (in this paragraph referred to as "normal activities")
that the person or organization proposes to carry on, or carries on, in the
State or Territory unless the prescribed product is made available to the
person or organization; and

        (ii)   a failure by the person or organization to carry on, or to
               continue to carry on, those activities during the planning
               period referred to in sub-paragraph (i) would result in-

                (A)  the person or organization sustaining substantial
                     financial losses or incurring substantial expenses that
                     would be extremely difficult to recover, being losses or
                     expenses that are substantially in excess of the
                     financial losses sustained or likely to be sustained, or
                     the expenses incurred or likely to be incurred, generally
                     by persons or organizations in the State or Territory or
                     by persons or organizations in the State or Territory
                     included in a class of persons or organizations in which
                     the person or organization is included as a result of
                     their being unable, for the same reason, to carry on
                     their normal activities during the planning period; or

                (B)  a substantial number of employees (whether of that person
                     or organization or of other persons or organizations)
                     being laid off or dismissed from their employment, being
                     a number that is substantially greater than the average
                     number of employees being laid off or likely to be laid
                     off by a person or organization (as the case may be) in
                     the State or Territory as a result of the circumstances
                     prevailing during the planning period.