Commonwealth Numbered Regulations

1984 No. 93 GUIDELINES UNDER SUB-REGON 21 (1) OF THE LIQUID FUEL EMERGENCY ACT 1984 - SCHEDULE 1

SCHEDULE 1
PRINCIPLES FOR THE PURPOSES OF PARAGRAPH 2 (a)
1. In this Schedule, unless the contrary intention appears-

"month" means a month of the year;

"prescribed month" means-

   (a)  in relation to a period of national liquid fuel emergency-the month,
        being a month in the year immediately preceding the year in which the
        period of national liquid fuel emergency commences, that corresponds
        to the month in which the period of national liquid fuel emergency
        commences; and

   (b)  in relation to a planning period in relation to a period of national
        liquid fuel emergency-the month, being a month in the year immediately
        preceding the year in which the planning period commences, that
        corresponds to the month in which the planning period commences;

"year" means a period of 12 months commencing on 1 January.
2. The quantity of a prescribed product that a person or organization that is,
in relation to the prescribed product, a bulk customer of a relevant fuel
industry corporation would, in normal circumstances, be likely to purchase
from the corporation during any month (in this Schedule referred to as the
"relevant month") that is the month in which a planning period in relation to
a period of national liquid fuel emergency commences shall, subject to clause
3, be ascertained by-

   (a)  determining the average quantity of the prescribed product purchased
        monthly by the person or organization from the corporation during the
        period of 3 months immediately preceding the month in which the period
        of national liquid fuel emergency commences; and

   (b)  in the case of a person or organization that has purchased the
        prescribed product from the corporation during a period of not less
        than 15 months immediately preceding the month in which the period of
        national liquid fuel emergency commences-adjusting the quantity
        determined in accordance with paragraph (a) in relation to that person
        or organization regard being had to the ratio that the first of the
        following quantities bears to the other:

        (i)    the quantity of the prescribed product purchased by the person
               or organization from the corporation during the period of 3
               months that comprises-

                (A)  the prescribed month in relation to the planning period;

                (B)  the month immediately preceding that month; and

                (C)  the month immediately succeeding that month;

        (ii)   the quantity of the prescribed product purchased by the person
               or organization from the corporation during the period of 3
               months immediately preceding the prescribed month in relation
               to the period of national liquid fuel emergency.

3. (1) Where it appears, in relation to a person in relation to whom or an
organization in relation to which a quantity of a prescribed product has been
ascertained under clause 2, that the requirements of the person or
organization for the prescribed product during the relevant month would, in
normal circumstances, be likely to be affected by factors that, by reason of
their nature, have not affected the quantity of the prescribed product
purchased by the person or organization from the relevant fuel industry
corporation in the period referred to in paragraph 2 (a) or in the period
referred to in sub-paragraph 2 (b) (i) or (ii), the quantity of the prescribed
product ascertained in accordance with clause 2 in relation to the person or
organization shall, subject to sub-clauses (2), (3) and (4) of this clause, be
adjusted so as to take into account the effect that those factors would be
likely to have on the quantity of the prescribed product that the person or
organization would, in normal circumstances, purchase from the corporation
during the relevant month.

(2) The quantity of a prescribed product ascertained in accordance with clause
2 in relation to a person or an organization shall not be adjusted under this
clause by the quantity being increased or decreased by an amount that exceeds
10 per cent of the quantity unless the adjustment is effected by or with the
approval of-

   (a)  in the case of a person or organization that has been identified by
        the Energy Minister of a State or Territory as an essential user, or
        high priority user, of the prescribed product in that State or
        Territory-that Energy Minister; or

   (b)  in any other case-the Minister.

(3) Sub-clauses (1) and (2) do not apply in relation to a person or an
organization that is, in relation to a prescribed product, a bulk customer of
a relevant fuel industry corporation where, by reason of the number of persons
or organizations that are, in relation to the prescribed product, bulk
customers of the corporation, it would not be practicable to adjust, in
accordance with those sub-clauses, the quantity of the prescribed product
ascertained in accordance with clause 2 in relation to the person or
organization.

(4) Where quantities of a prescribed product ascertained in accordance with
clause 2 in relation to persons or organizations that are, in relation to the
prescribed product, bulk customers of a relevant fuel industry corporation are
to be adjusted in accordance with this clause, those quantities shall be so
adjusted that the aggregate of those quantities as adjusted shall be equal to
the aggregate of the first-mentioned quantities.