New South Wales Bills

[Index] [Search] [Download] [Related Items] [Help]


This is a Bill, not an Act. For current law, see the Acts databases.


BIOFUEL (ETHANOL CONTENT) AMENDMENT BILL 2009





Biofuel (Ethanol Content) Amendment
Bill 2009
No     , 2009


A Bill for

An Act to amend the Biofuel (Ethanol Content) Act 2007 to make further provision
with respect to the required ethanol content in petrol sold in NSW and to make
provision with respect to a required biodiesel content in diesel fuel; and for other
purposes.
Clause 1      Biofuel (Ethanol Content) Amendment Bill 2009




The Legislature of New South Wales enacts:                                        1

 1    Name of Act                                                                 2

           This Act is the Biofuel (Ethanol Content) Amendment Act 2009.          3

 2    Commencement                                                                4

           This Act commences on a day or days to be appointed by proclamation.   5




Page 2
Biofuel (Ethanol Content) Amendment Bill 2009

Amendment of Biofuel (Ethanol Content) Act 2007 No 23                    Schedule 1




Schedule 1             Amendment of Biofuel (Ethanol Content)                              1
                       Act 2007 No 23                                                      2

[1]   Long title                                                                           3

      Omit "to provide for a minimum ethanol content requirement in respect of the         4
      total volume of petrol sales in the State".                                          5

      Insert instead "to provide for a minimum ethanol and biodiesel content               6
      requirement in respect of petrol and diesel fuel sales in the State".                7

[2]   Section 1 Name of Act                                                                8

      Omit "Biofuel (Ethanol Content) Act 2007".                                           9

      Insert instead "Biofuels Act 2007".                                                 10

[3]   Section 3 Definitions                                                               11

      Insert in alphabetical order in section 3 (1):                                      12
                    biodiesel means a diesel fuel obtained by esterification of oil       13
                    derived from plants or animals.                                       14
                    biodiesel blend means diesel fuel that contains biodiesel (such as    15
                    the fuel known as B5).                                                16
                    biofuel sustainability standard means a standard, in respect of       17
                    the sustainable manufacture of ethanol or biodiesel, prescribed by    18
                    the regulations for the purposes of this definition.                  19
                    diesel fuel means a petroleum-based fuel (whether or not              20
                    containing biodiesel) for internal combustion engines that is sold    21
                    as diesel fuel or as a biodiesel blend.                               22
                    E10 means petrol-ethanol blend that contains between 9% and           23
                    10% ethanol by volume, being ethanol that complies with a             24
                    biofuel sustainability standard.                                      25
                    ethanol means ethanol derived from renewable biological               26
                    feedstock.                                                            27
                    fuel wholesaler means a person engaged in a business of selling       28
                    petrol or diesel fuel for resale (whether or not that business also   29
                    involves the sale of petrol or diesel fuel by retail).                30
                    major retailer is defined in section 4A.                              31
                    minimum biofuel requirement means a requirement imposed by            32
                    section 6, 7 or 8.                                                    33
                    regular unleaded petrol means unleaded petrol that has a              34
                    research octane number of less than 95.                               35
                    volume fuel seller means a major retailer or primary wholesaler.      36




                                                                              Page 3
                    Biofuel (Ethanol Content) Amendment Bill 2009

Schedule 1          Amendment of Biofuel (Ethanol Content) Act 2007 No 23




[4]   Section 3 (1), definition of "Expert Panel"                                             1
      Omit "section 20". Insert instead "section 24".                                         2

[5]   Section 3 (1), definition of "petrol wholesaler"                                        3

      Omit the definition.                                                                    4

[6]   Section 3 (1), definition of "relevant period"                                          5

      Omit the definition. Insert instead:                                                    6
                  relevant period--see subsection (1A).                                       7

[7]   Section 3 (1A)                                                                          8

      Insert after section 3 (1):                                                             9

             (1A)      Each of the 3-month periods that starts at the beginning of           10
                       October, January, April and July in each year is a relevant period    11
                       for the purposes of this Act. The regulations can change what is      12
                       a relevant period for the purposes of this Act.                       13

[8]   Section 4                                                                              14

      Omit the section. Insert instead:                                                      15

         4    Primary wholesalers                                                            16

              (1)      In this Act:                                                          17
                       primary wholesaler means a fuel wholesaler who operates or            18
                       supplies petrol or diesel fuel from any of the following facilities   19
                       (whether or not in New South Wales) in connection with fuel           20
                       wholesaling:                                                          21
                        (a) an oil refinery,                                                 22
                       (b) a shipping facility,                                              23
                        (c) a facility to which petrol or diesel fuel is shipped by          24
                              pipeline from an oil refinery or a shipping facility,          25
                       (d) a facility to which petrol or diesel fuel is supplied by          26
                              pipeline from a facility referred to in paragraph (c).         27

              (2)      The regulations may include any other fuel wholesaler or class of     28
                       fuel wholesalers in the definition of primary wholesaler.             29

              (3)      A regulation under subsection (2) may apply to a fuel wholesaler      30
                       generally or may be limited so as to apply only to the primary        31
                       wholesaling of petrol or to the primary wholesaling of diesel fuel.   32

              (4)      The regulations may exclude a person or class of persons from         33
                       the definition of primary wholesaler.                                 34




Page 4
Biofuel (Ethanol Content) Amendment Bill 2009

Amendment of Biofuel (Ethanol Content) Act 2007 No 23                       Schedule 1




 [9]   Section 4A                                                                             1
       Insert after section 4:                                                                2

       4A     Major retailers                                                                 3

              (1)    In this Act:                                                             4
                     major retailer means a person who operates or controls the               5
                     operation of more than 20 service stations.                              6

              (2)    The regulations may include any other person or class of persons         7
                     in the definition of major retailer.                                     8

              (3)    The regulations may exclude a person or class of persons from            9
                     the definition of major retailer.                                       10

              (4)    In this section, service station means a building or place used for     11
                     the fuelling of motor vehicles involving the sale by retail of petrol   12
                     or diesel fuel, whether or not any other fuel or other product is       13
                     sold there and whether or not the building or place is used for any     14
                     other purpose.                                                          15

[10]   Section 5 Act applies only to sales to person in NSW or for delivery in               16
       NSW                                                                                   17

       Omit "petrol by a primary wholesaler" from section 5 (1).                             18

       Insert instead "petrol or diesel fuel by a volume fuel seller".                       19

[11]   Section 5 (2) and (3)                                                                 20

       Insert "or diesel fuel" after "petrol" wherever occurring.                            21

[12]   Section 5 (2A)                                                                        22

       Insert after section 5 (2):                                                           23

             (2A)    Sections 6 and 7 do not apply to a sale of petrol or diesel fuel by     24
                     a primary wholesaler to a major retailer.                               25

[13]   Parts 2 and 3                                                                         26

       Omit the Parts. Insert instead:                                                       27


       Part 2        Minimum biofuel requirements                                            28

         6    Minimum ethanol requirement for volume fuel sellers                            29

              (1)    A volume fuel seller must ensure that the volume of ethanol sold        30
                     by the seller (in petrol-ethanol blend) during a relevant period is     31
                     not less than the minimum ethanol percentage of the total volume        32




                                                                                 Page 5
               Biofuel (Ethanol Content) Amendment Bill 2009

Schedule 1     Amendment of Biofuel (Ethanol Content) Act 2007 No 23




                   of all petrol (including petrol-ethanol blend) sold by the seller          1
                   during the relevant period.                                                2

             (2)   The minimum ethanol percentage is:                                         3
                   (a) 2% for any relevant period before a relevant            period to      4
                        which paragraph (b) or (c) applies, or                                5
                   (b) 4% for a relevant period that starts on                  or after      6
                        1 January 2010 other than a relevant period            to which       7
                        paragraph (c) applies, or                                             8
                   (c) 6% for a relevant period that starts on                  or after      9
                        1 January 2011.                                                      10

             (3)   Only ethanol that complies with a biofuel sustainability standard         11
                   may be counted towards the volume of ethanol sold for the                 12
                   purposes of this section.                                                 13

         7   Minimum biodiesel requirement for volume fuel sellers                           14

             (1)   A volume fuel seller must ensure that the volume of biodiesel             15
                   sold by the seller (in biodiesel blend) during a relevant period is       16
                   not less than the minimum biodiesel percentage of the total               17
                   volume of all diesel fuel (including biodiesel blend) sold by the         18
                   seller during the relevant period.                                        19

             (2)   The minimum biodiesel percentage is:                                      20
                   (a) 2% for any relevant period before a relevant period to                21
                        which paragraph (b) applies, or                                      22
                   (b) 5% for a relevant period that starts on or after                      23
                        1 January 2012.                                                      24

             (3)   Only biodiesel that complies with a biofuel sustainability                25
                   standard may be counted towards the volume of biodiesel sold for          26
                   the purposes of this section.                                             27

         8   Regular unleaded petrol to be E10                                               28

             (1)   A primary wholesaler must not sell regular unleaded petrol unless         29
                   the petrol is E10.                                                        30
                   Note. E10 is defined in section 3 (1) to mean petrol-ethanol blend that   31
                   contains between 9% and 10% ethanol by volume, being ethanol that         32
                   complies with a biofuel sustainability standard.                          33

             (2)   This section takes effect on 1 July 2011 or on a later date that is       34
                   prescribed by the regulations as the start date for the purposes of       35
                   this section.                                                             36




Page 6
Biofuel (Ethanol Content) Amendment Bill 2009

Amendment of Biofuel (Ethanol Content) Act 2007 No 23                   Schedule 1




             (3)    A regulation to prescribe a date as a later start date for the        1
                    purposes of this section cannot be made except on the                 2
                    recommendation of the Minister. The Minister is not to                3
                    recommend the making of such a regulation unless the Minister         4
                    has first obtained the advice of the Expert Panel on the proposed     5
                    regulation.                                                           6

             (4)    In providing its advice, the Expert Panel is to consult with the      7
                    relevant industry about the proposed start date.                      8

             (5)    This section does not apply in respect of sales of petrol by a        9
                    primary wholesaler to a person who is the holder of an E10           10
                    exemption under section 16, in accordance with any conditions of     11
                    that exemption.                                                      12

        9    Method for determining volumes of petrol and biodiesel                      13

             (1)    For the purpose of determining the volume of petrol sold by a        14
                    volume fuel seller, the volume of petrol that is petrol-ethanol      15
                    blend is to be determined as the combined volume of petrol and       16
                    ethanol in the petrol-ethanol blend (that is, by including the       17
                    volume of the ethanol).                                              18

             (2)    For the purpose of determining the volume of diesel fuel sold by     19
                    a volume fuel seller, the volume of diesel fuel that is biodiesel    20
                    blend is to be determined as the combined volume of diesel fuel      21
                    and biodiesel in the biodiesel blend (that is, by including the      22
                    volume of the biodiesel).                                            23

             (3)    The regulations may provide for the way in which the volume of       24
                    petrol, ethanol, diesel fuel and biodiesel is to be determined for   25
                    the purposes of this Act.                                            26


      Part 3        Compliance                                                           27

       10    Offence--failure to comply with minimum biofuel requirements                28

             (1)    A person who fails to comply with a minimum biofuel                  29
                    requirement is guilty of an offence.                                 30
                    Maximum penalty:                                                     31
                     (a) in the case of a first offence--100 penalty units, or           32
                    (b) in the case of a second or subsequent offence--1,000             33
                          penalty units.                                                 34

             (2)    It is a defence to a prosecution for a failure to comply with a      35
                    minimum biofuel requirement if the defendant proves that the         36
                    defendant took all reasonable steps to comply with the               37
                    requirement.                                                         38




                                                                              Page 7
                Biofuel (Ethanol Content) Amendment Bill 2009

Schedule 1      Amendment of Biofuel (Ethanol Content) Act 2007 No 23




              (3)   The regulations may make provision for or with respect to               1
                    prescribing actions the taking of which by a volume fuel seller         2
                    will constitute the taking of reasonable steps to comply with a         3
                    biofuel requirement.                                                    4

              (4)   The regulations do not prevent a volume fuel seller from proving        5
                    that other actions taken by the volume fuel seller constitute the       6
                    taking of reasonable steps to comply with a biofuel requirement.        7

         11   Returns by volume fuel sellers                                                8

              (1)   A volume fuel seller must furnish a return to the Director-General      9
                    within 1 month after the end of each relevant period.                  10

              (2)   The return is to specify the following information in respect of       11
                    sales of petrol and diesel fuel by the volume fuel seller during the   12
                    relevant period:                                                       13
                     (a) the total volume of petrol sold (including petrol-ethanol         14
                           blend),                                                         15
                    (b) the total volume of ethanol sold (in the form of                   16
                           petrol-ethanol blend),                                          17
                     (c) the total volume of diesel fuel sold (including biodiesel         18
                           blend),                                                         19
                    (d) the total volume of biodiesel sold (in the form of biodiesel       20
                           blend),                                                         21
                     (e) such other information as may be prescribed by the                22
                           regulations.                                                    23

              (3)   The return is to be in such form as the Director-General may from      24
                    time to time require and notify to volume fuel sellers.                25

         12   Keeping of records by volume fuel sellers                                    26

              (1)   A volume fuel seller must keep such records in respect of sales of     27
                    petrol and diesel fuel by the volume fuel seller as may be             28
                    necessary to enable the volume fuel seller to furnish the returns      29
                    required by section 11.                                                30

              (2)   Those records are to include records of such transactions and          31
                    other matters in connection with petrol and diesel fuel sales as the   32
                    regulations may require.                                               33

              (3)   The regulations may prescribe the form and manner in which             34
                    records are to be kept and the period for which records are to be      35
                    retained.                                                              36




Page 8
Biofuel (Ethanol Content) Amendment Bill 2009

Amendment of Biofuel (Ethanol Content) Act 2007 No 23                   Schedule 1




       13    Offence--failure to furnish returns or keep records                          1
             (1)    A person who fails to furnish a return in compliance with             2
                    section 11 or who in purported compliance with that section           3
                    furnishes a return containing information that the person knows       4
                    (or ought reasonably to know) is false or misleading in a material    5
                    particular is guilty of an offence.                                   6
                    Maximum penalty:                                                      7
                     (a) in the case of a first offence--100 penalty units, or            8
                    (b) in the case of a second or subsequent offence--1,000              9
                           penalty units.                                                10

             (2)    A person who fails to keep and retain records in compliance with     11
                    section 12 or who in purported compliance with that section          12
                    makes a record containing information that the person knows (or      13
                    ought reasonably to know) is false or misleading in a material       14
                    particular is guilty of an offence.                                  15
                    Maximum penalty:                                                     16
                    (a) in the case of a first offence--100 penalty units, or            17
                    (b) in the case of a second or subsequent offence--1,000             18
                           penalty units.                                                19

             (3)    It is a defence to a prosecution for a failure to keep and retain    20
                    records in compliance with section 12 if the defendant proves that   21
                    the defendant had a reasonable excuse for the failure.               22

       14    Compliance reporting by Minister                                            23

             (1)    The Minister may from time to time publish information about         24
                    compliance with the requirements of this Act by volume fuel          25
                    sellers.                                                             26

             (2)    Without limiting this section, the Minister may publish the names    27
                    of volume fuel sellers who fail to comply with any provision of      28
                    this Act, together with information about the nature and extent of   29
                    any such failure.                                                    30

             (3)    Information published under this section can include a copy of       31
                    any return furnished under this Act by a volume fuel seller.         32

             (4)    The regulations can prohibit the publication under this section of   33
                    specified information or information of a specified kind, for the    34
                    purpose of protecting the confidentiality of the information.        35




                                                                              Page 9
               Biofuel (Ethanol Content) Amendment Bill 2009

Schedule 1     Amendment of Biofuel (Ethanol Content) Act 2007 No 23




      15     Exemptions from minimum biofuel requirements                                       1
             (1)   The Minister may by order in writing exempt a specified person               2
                   from compliance with a minimum biofuel requirement if the                    3
                   Minister is satisfied that:                                                  4
                    (a) compliance by the person with the requirement is                        5
                         uneconomic because of the price at which the person is                 6
                         reasonably able to obtain ethanol or biodiesel, or                     7
                   (b) circumstances exist that are prescribed by the regulations               8
                         as justifying exempting the person from compliance with                9
                         the requirement.                                                      10

             (2)   The Minister is not to grant an exemption without first referring           11
                   the proposed exemption to the Expert Panel for advice and                   12
                   considering the advice of the Expert Panel on the proposed                  13
                   exemption.                                                                  14

             (3)   An exemption can be granted subject to conditions.                          15

             (4)   An exemption can be granted as a partial exemption specifying a             16
                   percentage that is less than the minimum ethanol percentage or              17
                   minimum biodiesel percentage applicable under section 6 or 7                18
                   (with the result that the relevant section then applies to require          19
                   that the volume of petrol or diesel fuel sold by the volume fuel            20
                   seller during a relevant period covered by the exemption is not             21
                   less than that specified percentage of the total volume of all petrol       22
                   or diesel fuel sold by the volume fuel seller during the relevant           23
                   period).                                                                    24

             (5)   An exemption that is granted for a specified period remains in              25
                   force for that period.                                                      26

             (6)   An exemption that is not granted for a specified period remains             27
                   in force until it is revoked. The Minister may revoke such an               28
                   exemption at any time by notice in writing to the volume fuel               29
                   seller concerned.                                                           30
                   Note. An exemption from compliance with a minimum biofuel                   31
                   requirement does not affect the obligation to comply with section 11        32
                   (Returns by volume fuel sellers) or 12 (Keeping of records by volume fuel   33
                   sellers).                                                                   34

      16     Business specific exemptions from E10 requirement                                 35

             (1)   The Minister may by order in writing grant an E10 exemption to:             36
                   (a) a person who sells petrol by retail in the course of carrying           37
                        on a small business if the Minister is satisfied that limiting         38
                        the sales by the small business of regular unleaded petrol             39
                        to E10 would cause the business significant hardship, or               40




Page 10
Biofuel (Ethanol Content) Amendment Bill 2009

Amendment of Biofuel (Ethanol Content) Act 2007 No 23                     Schedule 1




                    (b)    a person who sells petrol by retail in the course of carrying    1
                           on a business if the Minister is satisfied that the person       2
                           sells petrol wholly or predominantly for the fuelling of         3
                           vessels or watercraft (such as at a marina).                     4

             (2)    An E10 exemption entitles the person to be sold regular unleaded        5
                    petrol that is not E10 and, accordingly, a primary wholesaler does      6
                    not commit an offence under section 8 by selling regular                7
                    unleaded petrol that is not E10 to the holder of an E10 exemption       8
                    in accordance with any conditions of the exemption.                     9

             (3)    The Minister is not to grant an exemption without first referring      10
                    the proposed exemption to the Expert Panel for advice and              11
                    considering the advice of the Expert Panel on the proposed             12
                    exemption.                                                             13

             (4)    An exemption from the E10 requirement can be granted subject           14
                    to conditions.                                                         15

             (5)    An exemption from the E10 requirement that is granted for a            16
                    specified period remains in force for that period.                     17

             (6)    An exemption from the E10 requirement that is not granted for a        18
                    specified period remains in force until it is revoked. The Minister    19
                    may revoke such an exemption at any time by notice in writing to       20
                    the person concerned.                                                  21

             (7)    In this section, a small business means a business that has less       22
                    than 20 employees.                                                     23

       17    Suspension of minimum biofuel requirements                                    24

             (1)    The Minister may by order published in the Gazette suspend the         25
                    operation of a minimum biofuel requirement if satisfied that           26
                    compliance with that requirement:                                      27
                    (a) is uneconomic as a result of the price at which volume fuel        28
                          sellers are reasonably able to obtain ethanol or biodiesel or    29
                          industry-wide ethanol or biodiesel shortages, as                 30
                          appropriate, or                                                  31
                    (b) may result in a risk to public health or safety, or                32
                    (c) may have an adverse effect on the retail price of petrol or        33
                          diesel fuel for motorists, or                                    34
                    (d) should be suspended for some other extraordinary reason.           35

             (2)    The Minister is not to suspend the operation of a minimum              36
                    biofuel requirement without first referring the proposed               37
                    suspension to the Expert Panel for advice and considering the          38
                    advice of the Expert Panel on the proposed suspension.                 39




                                                                              Page 11
                 Biofuel (Ethanol Content) Amendment Bill 2009

Schedule 1       Amendment of Biofuel (Ethanol Content) Act 2007 No 23




              (3)   A suspension can be granted as a partial suspension specifying a           1
                    percentage that is less than the minimum ethanol percentage or             2
                    minimum biodiesel percentage applicable under section 6 or 7               3
                    (with the result that the relevant section then applies to require         4
                    that the volume of ethanol or biodiesel sold by a volume fuel              5
                    seller during a relevant period covered by the suspension is not           6
                    less than that specified percentage of the total volume of all petrol      7
                    or diesel fuel (as appropriate) sold by the volume fuel seller             8
                    during the relevant period).                                               9

              (4)   A suspension granted for a specified period remains in force for          10
                    that period.                                                              11

              (5)   A suspension that is not granted for a specified period (an               12
                    indefinite suspension) remains in force until it is revoked.              13

              (6)   The Minister must keep an indefinite suspension under periodic            14
                    review and must revoke the suspension when satisfied that                 15
                    grounds for the suspension no longer exist. The Minister revokes          16
                    an indefinite suspension by notice in writing published in the            17
                    Gazette.                                                                  18
                    Note. The suspension of operation of section 6 or 7 does not affect the   19
                    obligation to comply with section 11 (Returns by volume fuel sellers)     20
                    or 12 (Keeping of records by volume fuel sellers).                        21

[14]   Existing sections 14-28                                                                22

       Renumber as sections 18-32.                                                            23

[15]   Section 19 Power of investigator to obtain information, records and                    24
       evidence (as renumbered by Schedule 1 [14])                                            25

       Omit "primary wholesaler" from section 19 (2) (a).                                     26

       Insert instead "volume fuel seller".                                                   27

[16]   Section 19 (2) (b) (as renumbered by Schedule 1 [14])                                  28

       Omit "petrol by a primary wholesaler".                                                 29

       Insert instead "petrol or diesel fuel by a volume fuel seller".                        30

[17]   Section 20 Powers of investigators (as renumbered by Schedule 1 [14])                  31

       Omit "primary wholesaler" from section 20 (2) (a).                                     32

       Insert instead "volume fuel seller".                                                   33

[18]   Section 20 (2) (b) (as renumbered by Schedule 1 [14])                                  34

       Omit "petrol by a primary wholesaler".                                                 35

       Insert instead "petrol or diesel fuel by a volume fuel seller".                        36



Page 12
Biofuel (Ethanol Content) Amendment Bill 2009

Amendment of Biofuel (Ethanol Content) Act 2007 No 23                    Schedule 1




[19]   Section 20 (3) (a) and (c) (as renumbered by Schedule 1 [14])                     1
       Insert "or diesel fuel" after "petrol" wherever occurring.                        2

[20]   Section 23 Registration of volume fuel sellers (as renumbered by                  3
       Schedule 1 [14])                                                                  4

       Omit "primary wholesalers" wherever occurring in section 23 (1) and (2).          5

       Insert instead "volume fuel sellers".                                             6

[21]   Section 23 (2) (e) (as renumbered by Schedule 1 [14])                             7

       Omit "primary wholesaler". Insert instead "volume fuel seller".                   8

[22]   Section 24 (as renumbered by Schedule 1 [14])                                     9

       Omit the section. Insert instead:                                                10

       24    Expert Panel                                                               11

              (1)   An Expert Panel is established consisting of the following as       12
                    members of the Expert Panel:                                        13
                    (a) the Department heads of the Department of Lands,                14
                         the Department of State and Regional Development,              15
                         the Department of Primary Industries, the Department of        16
                         Environment and Climate Change and the Department of           17
                         Commerce, or their nominees,                                   18
                    (b) the Secretary of the Treasury or the Secretary's nominee.       19

              (2)   The Director-General of the Department of Lands or that             20
                    Director-General's nominee is to chair the Expert Panel.            21

              (3)   The function of the Expert Panel is to provide advice to the        22
                    Minister on:                                                        23
                    (a) any proposal referred to the Panel by the Minister for the      24
                          granting of an exemption from, or the suspension of, the      25
                          operation of a minimum biofuel requirement, and               26
                    (b) any proposal referred to the Panel by the Minister for the      27
                          start date of a regulation under section 8 (2), and           28
                    (c) such other matters in connection with the operation of this     29
                          Act as may be referred to the Expert Panel by the Minister.   30

              (4)   The Minister can issue guidelines to the Expert Panel from time     31
                    to time as to:                                                      32
                     (a) the matters that are relevant for the purpose of determining   33
                          whether grounds exist for the grant of an exemption from      34
                          or suspension of the operation of a minimum biofuel           35
                          requirement, and                                              36




                                                                            Page 13
                 Biofuel (Ethanol Content) Amendment Bill 2009

Schedule 1       Amendment of Biofuel (Ethanol Content) Act 2007 No 23




                     (b)   such other matters in connection with the operation of this       1
                           Act as may be referred to the Expert Panel by the Minister.       2

[23]   Section 26 Liability (as renumbered by Schedule 1 [14])                               3

       Insert "or the biodiesel content of diesel fuel supplied by diesel fuel suppliers"    4
       after "suppliers" in section 26 (1) (c).                                              5

[24]   Section 26 (2), definition of "the State" (as renumbered by                           6
       Schedule 1 [14])                                                                      7

       Omit "section 14". Insert instead "section 18".                                       8

[25]   Section 31 (as renumbered by Schedule 1 [14])                                         9

       Omit the section. Insert instead:                                                    10

       31     Delegation                                                                    11

                    The Minister may delegate the exercise of any function of the           12
                    Minister under this Act (other than this power of delegation) to:       13
                    (a) any member of staff of the Department, or                           14
                    (b) any person, or any class of persons, authorised for the             15
                          purposes of this section by the regulations.                      16

[26]   Schedule 1                                                                           17

       Insert after section 32 (as renumbered by Schedule 1 [14]):                          18


       Schedule 1             Savings, transitional and other                               19
                              provisions                                                    20


       Part 1       General                                                                 21

          1   Regulations                                                                   22

              (1)   The regulations may contain provisions of a savings or                  23
                    transitional nature consequent on the enactment of the following        24
                    Acts:                                                                   25
                    Biofuel (Ethanol Content) Amendment Act 2009                            26

              (2)   Any such provision may, if the regulations so provide, take effect      27
                    from the date of assent to the Act concerned or a later date.           28




Page 14
Biofuel (Ethanol Content) Amendment Bill 2009

Amendment of Biofuel (Ethanol Content) Act 2007 No 23                   Schedule 1




             (3)    To the extent to which any such provision takes effect from a date    1
                    that is earlier than the date of its publication on the NSW           2
                    legislation website, the provision does not operate so as:            3
                     (a) to affect, in a manner prejudicial to any person (other than     4
                           the State or an authority of the State), the rights of that    5
                           person existing before the date of its publication, or         6
                    (b) to impose liabilities on any person (other than the State or      7
                           an authority of the State) in respect of anything done or      8
                           omitted to be done before the date of its publication.         9


       Part 2       Provisions consequent on enactment of                                10
                    Biofuel (Ethanol Content) Amendment Act                              11
                    2009                                                                 12

        2    Definition                                                                  13

                    In this Part:                                                        14
                    amending Act means the Biofuel (Ethanol Content) Amendment           15
                    Act 2009.                                                            16

        3    First relevant period for major retailers and sellers of diesel fuel        17
             and biodiesel                                                               18

                    The first relevant period to which section 11 (as inserted by the    19
                    amending Act) applies in respect of:                                 20
                     (a) sales of petrol and petrol-ethanol blend by a major retailer,   21
                            and                                                          22
                    (b) sales of diesel fuel and biodiesel blend by a volume fuel        23
                            seller,                                                      24
                    is the first relevant period to start on or after the commencement   25
                    of Schedule 1 [13] to the amending Act.                              26

[27]   The whole Act (other than section 24 (as substituted by Schedule 1 [22]))         27

       Omit "Department of State and Regional Development" wherever occurring.           28

       Insert instead "Department of Lands".                                             29




                                                                            Page 15
               Biofuel (Ethanol Content) Amendment Bill 2009

Schedule 2     Amendment of other Acts




Schedule 2            Amendment of other Acts                                                1


2.1 Fines Act 1996 No 99                                                                     2

      Schedule 1 Statutory provisions under which penalty notices issued                     3

      Omit "Biofuel (Ethanol Content) Act 2007, section 25".                                 4

      Insert instead "Biofuels Act 2007, section 29".                                        5

2.2 Miscellaneous Acts (Local Court) Amendment Act 2007                                      6
    No 94                                                                                    7

      Schedule 2 Amendments replacing "a Local Court" with "the Local                        8
      Court"                                                                                 9

      Omit the matter relating to the Biofuel (Ethanol Content) Act 2007.                   10

      Insert instead in Columns 1 and 2, respectively:                                      11
                                                                                            12
      Biofuels Act 2007 No 23                                  Section 27 (1) (a) and (2)




Page 16


 


[Index] [Search] [Download] [Related Items] [Help]