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