New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Biofuels Further Amendment Bill 2012
No , 2012
A Bill for
An Act to amend the Biofuels Act 2007 to make further provision regarding
minimum ethanol and biodiesel content requirements in respect of petrol and diesel
fuel sales in the State; and for related purposes.
Clause 1 Biofuels Further Amendment Bill 2012
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Biofuels Further Amendment Act 2012. 3
2 Commencement 4
This Act commences on a day or days to be appointed by proclamation. 5
Page 2
Biofuels Further Amendment Bill 2012
Amendment of Biofuels Act 2007 No 23 Schedule 1
Schedule 1 Amendment of Biofuels Act 2007 No 23 1
[1] Section 3 Definitions 2
Omit the definitions of Department and Director-General from section 3 (1). 3
Insert instead, respectively: 4
Department means the Department of Trade and Investment, 5
Regional Infrastructure and Services. 6
Director-General means the Director-General of the 7
Department. 8
[2] Section 3 (1) 9
Insert in alphabetical order: 10
investigator means a person appointed as an investigator under 11
section 18. 12
[3] Section 10 Offence--failure to comply with minimum biofuel 13
requirements 14
Omit the following from section 10 (1): 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-- 18
1,000 penalty units. 19
Insert instead: 20
Maximum penalty: 21
(a) in the case of a first offence--500 penalty units, or 22
(b) in the case of a second or subsequent offence-- 23
5,000 penalty units. 24
[4] Section 13 Offence--failure to furnish returns or keep records 25
Omit the following wherever occurring in section 13 (1) and (2): 26
Maximum penalty: 27
(a) in the case of a first offence--100 penalty units, or 28
(b) in the case of a second or subsequent offence-- 29
1,000 penalty units. 30
Insert instead: 31
Maximum penalty: 32
(a) in the case of a first offence--500 penalty units, or 33
Page 3
Biofuels Further Amendment Bill 2012
Schedule 1 Amendment of Biofuels Act 2007 No 23
(b) in the case of a second or subsequent offence-- 1
5,000 penalty units. 2
[5] Section 15 Exemptions from minimum biofuel requirements 3
Omit section 15 (1). Insert instead: 4
(1) The Minister may by order in writing exempt a specified person 5
from compliance with a minimum biofuel requirement if the 6
Minister is satisfied that one or more of the following 7
circumstances exist and that those circumstances, separately or in 8
combination, justify the grant of the exemption: 9
(a) it is uneconomic for the person to comply with the 10
requirement because of the price at which the person is 11
reasonably able to obtain ethanol or biodiesel, 12
(b) the person has taken, is taking or will take all reasonable 13
steps to comply with the requirement, 14
(c) other circumstances as are prescribed by the regulations 15
for the purposes of this section. 16
(1A) The Minister, for the purpose of determining whether he or she is 17
satisfied that a person has taken, is taking or will take all 18
reasonable steps to comply with a minimum biofuel requirement, 19
may have regard to whether the person has taken the actions 20
prescribed under section 10 (3) (if any). 21
[6] Section 15 (2) 22
Omit the subsection. Insert instead: 23
(2) The Minister is not to grant an exemption unless the proposed 24
exemption has been referred to the Expert Panel and the Minister 25
has considered any advice of the Panel on the proposed 26
exemption. 27
[7] Section 15 (3A) 28
Insert after section 15 (3): 29
(3A) A person must not contravene a condition of an exemption. 30
Maximum penalty: 31
(a) in the case of a first offence--500 penalty units, or 32
(b) in the case of a second or subsequent offence-- 33
5,000 penalty units. 34
Page 4
Biofuels Further Amendment Bill 2012
Amendment of Biofuels Act 2007 No 23 Schedule 1
[8] Section 15 (5)-(9) 1
Omit section 15 (5) and (6). Insert instead: 2
(5) An exemption may: 3
(a) apply generally or be limited in its application by reference 4
to specified exceptions or factors, and 5
(b) apply differently according to different factors of a 6
specified kind, and 7
(c) be granted for a specified period or for an indefinite period, 8
and 9
(d) if granted for a specified period, be granted before, during 10
or after that period. 11
(6) An exemption that is granted for: 12
(a) a specified period remains in force for that period, and 13
(b) an indefinite period remains in force until it is revoked. 14
A condition of an exemption may, according to its terms, 15
continue in force after the exemption has ceased to be in force. 16
(7) The Minister may vary or revoke an exemption (including by 17
imposing, varying or revoking a condition of the exemption) at 18
any time by notice in writing to the volume fuel seller concerned. 19
(8) However, the Minister is not to vary or revoke an exemption 20
unless the proposed variation or revocation has been referred to 21
the Expert Panel and the Minister has considered any advice of 22
the Panel on the proposed variation or revocation. 23
(9) The regulations may make provision for or with respect to 24
applications for exemptions. 25
[9] Section 19 Power of investigator to obtain information, records and 26
evidence 27
Insert "ethanol, biodiesel," before "petrol or diesel fuel" in section 19 (2) (b). 28
[10] Section 19 (2) (c) 29
Insert after section 19 (2) (b): 30
(c) any person whom the investigator reasonably believes has 31
supplied a volume fuel seller with ethanol, biodiesel, petrol 32
or diesel fuel. 33
Page 5
Biofuels Further Amendment Bill 2012
Schedule 1 Amendment of Biofuels Act 2007 No 23
[11] Section 20 Powers of investigators 1
Insert at the end of section 20 (2) (b): 2
, or 3
(c) used for the conduct of a business by a person whom the 4
investigator reasonably believes has supplied a volume 5
fuel seller with ethanol, biodiesel, petrol or diesel fuel. 6
[12] Section 20 (3) (a) and (c) 7
Insert "ethanol, biodiesel," before "petrol or diesel fuel" wherever occurring. 8
[13] Section 20 (3) (c1) 9
Insert after section 20 (3) (c): 10
(c1) take for analysis or examination samples of ethanol, 11
biodiesel, petrol or diesel fuel, 12
[14] Section 24 Expert Panel 13
Omit section 24 (1) (a). Insert instead: 14
(a) the Director-General of the Department of Trade and 15
Investment, Regional Infrastructure and Services or the 16
Director-General's nominee, 17
(a1) an officer of the Department of Trade and Investment, 18
Regional Infrastructure and Services with expertise in 19
regional industry development nominated by the 20
Director-General of the Department, 21
(a2) the Chief Executive of the Office of Environment and 22
Heritage or the Chief Executive's nominee, 23
(a3) the Director-General of the Department of Primary 24
Industries or the Director-General's nominee, 25
(a4) the Commissioner for Fair Trading or the Commissioner's 26
nominee, 27
(a5) the Director-General of the Department of Finance and 28
Services or the Director-General's nominee, 29
[15] Section 24 (1) (c) 30
Insert after section 24 (1) (b): 31
(c) up to 3 persons appointed by the Minister who have recent 32
experience or expertise in the petroleum or biofuels 33
industry. 34
Page 6
Biofuels Further Amendment Bill 2012
Amendment of Biofuels Act 2007 No 23 Schedule 1
[16] Section 24 (2) and (2A) 1
Omit section 24 (2). Insert instead: 2
(2) The Director-General of the Department is to be the Chairperson 3
of the Expert Panel. 4
(2A) Schedule 2 contains provisions relating to the constitution and 5
procedure of the Expert Panel. 6
[17] Section 24 (3) (a) and (b) 7
Omit section 24 (3) (a). Insert instead: 8
(a) a proposed exemption from, or a proposed suspension of, 9
the operation of a minimum biofuel requirement, and 10
(b) a proposed variation or revocation of such an exemption, 11
and 12
[18] Section 27 Proceedings for offences 13
Omit "100 penalty units" from section 27 (2). 14
Insert instead "500 penalty units". 15
[19] Section 27 (3) 16
Insert after section 27 (2): 17
(3) Proceedings for an offence against this Act or the regulations 18
must be commenced within 2 years of the date of the alleged 19
offence. 20
[20] Schedule 1 Savings, transitional and other provisions 21
Insert at the end of the Schedule: 22
Part 4 Provision consequent on enactment of 23
Biofuels Further Amendment Act 2012 24
5 Pending exemption applications 25
Section 15, as amended by the Biofuels Further Amendment Act 26
2012, extends to an application for an exemption that has been 27
made but not determined before that section was so amended. 28
Page 7
Biofuels Further Amendment Bill 2012
Schedule 1 Amendment of Biofuels Act 2007 No 23
[21] Schedule 2 1
Insert after Schedule 1: 2
Schedule 2 Constitution and procedure of 3
Expert Panel 4
(Section 24 (2A)) 5
Part 1 General 6
1 Definitions 7
In this Schedule: 8
appointed member means a person who is appointed by the 9
Minister as a member of the Expert Panel. 10
Chairperson means the Chairperson of the Expert Panel. 11
member means any member of the Expert Panel. 12
Part 2 Constitution 13
2 Terms of office of members 14
Subject to this Schedule and the regulations, an appointed 15
member holds office for such period (not exceeding 4 years) as is 16
specified in the member's instrument of appointment, but is 17
eligible (if otherwise qualified) for re-appointment. 18
3 Part-time appointments 19
Appointed members hold office as part-time members. 20
4 Remuneration 21
An appointed member is entitled to be paid such remuneration 22
(including travelling and subsistence allowances) as the Minister 23
may from time to time determine in respect of the member. 24
5 Vacancy in office of member 25
(1) The office of an appointed member becomes vacant if the 26
member: 27
(a) dies, or 28
(b) completes a term of office and is not re-appointed, or 29
(c) resigns the office by instrument in writing addressed to the 30
Minister, or 31
Page 8
Biofuels Further Amendment Bill 2012
Amendment of Biofuels Act 2007 No 23 Schedule 1
(d) is removed from office by the Minister under this clause, 1
or 2
(e) is absent from 3 consecutive meetings of the Expert Panel 3
of which reasonable notice has been given to the member 4
personally or by post, except on leave granted by the 5
Minister or unless the member is excused by the Minister 6
for having been absent from those meetings, or 7
(f) becomes bankrupt, applies to take the benefit of any law 8
for the relief of bankrupt or insolvent debtors, compounds 9
with his or her creditors or makes an assignment of his or 10
her remuneration for their benefit, or 11
(g) becomes a mentally incapacitated person, or 12
(h) is convicted in New South Wales of an offence that is 13
punishable by imprisonment for 12 months or more or is 14
convicted elsewhere than in New South Wales of an 15
offence that, if committed in New South Wales, would be 16
an offence so punishable. 17
(2) The Minister may remove an appointed member from office at 18
any time. 19
6 Disclosure of pecuniary interests 20
(1) If: 21
(a) a member has a direct or indirect pecuniary interest in a 22
matter being considered or about to be considered at a 23
meeting of the Expert Panel, and 24
(b) the interest appears to raise a conflict with the proper 25
performance of the member's duties in relation to the 26
consideration of the matter, 27
the member must, as soon as possible after the relevant facts have 28
come to the member's knowledge, disclose the nature of the 29
interest at a meeting of the Expert Panel. 30
(2) A disclosure by a member at a meeting of the Expert Panel that 31
the member: 32
(a) is a member, or is in the employment, of a specified 33
company or other body, or 34
(b) is a partner, or is in the employment, of a specified person, 35
or 36
(c) has some other specified interest relating to a specified 37
company or other body or to a specified person, 38
is a sufficient disclosure of the nature of the interest in any matter 39
relating to that company or other body or to that person which 40
Page 9
Biofuels Further Amendment Bill 2012
Schedule 1 Amendment of Biofuels Act 2007 No 23
may arise after the date of the disclosure and which is required to 1
be disclosed under subclause (1). 2
(3) Particulars of any disclosure made under this clause must be 3
recorded by the Expert Panel in a book kept for the purpose and 4
that book must be open at all reasonable hours to inspection by 5
any person on payment of the fee determined by the Expert Panel. 6
(4) After a member has disclosed the nature of an interest in any 7
matter, the member must not, unless the Minister or the Expert 8
Panel otherwise determines: 9
(a) be present during any deliberation of the Expert Panel with 10
respect to the matter, or 11
(b) take part in any decision of the Expert Panel with respect 12
to the matter. 13
(5) For the purposes of the making of a determination by the Expert 14
Panel under subclause (4), a member who has a direct or indirect 15
pecuniary interest in a matter to which the disclosure relates must 16
not: 17
(a) be present during any deliberation of the Expert Panel for 18
the purpose of making the determination, or 19
(b) take part in the making by the Expert Panel of the 20
determination. 21
(6) A contravention of this clause does not invalidate any decision of 22
the Expert Panel. 23
(7) This clause applies to a member of a committee of the Expert 24
Panel and the committee in the same way as it applies to a 25
member of the Expert Panel and the Expert Panel. 26
7 Effect of certain other Acts 27
(1) Chapter 2 of the Public Sector Employment and Management 28
Act 2002 does not apply to or in respect of the appointment of an 29
appointed member. 30
(2) If by or under any Act provision is made: 31
(a) requiring a person who is the holder of a specified office to 32
devote the whole of his or her time to the duties of that 33
office, or 34
(b) prohibiting the person from engaging in employment 35
outside the duties of that office, 36
the provision does not operate to disqualify the person from 37
holding that office and also the office of an appointed member or 38
Page 10
Biofuels Further Amendment Bill 2012
Amendment of Biofuels Act 2007 No 23 Schedule 1
from accepting and retaining any remuneration payable to the 1
person under this Act as a member. 2
8 Personal liability 3
A matter or thing done or omitted to be done by the Expert Panel, 4
a member of the Expert Panel or a person acting under the 5
direction of the Expert Panel does not, if the matter or thing was 6
done or omitted to be done in good faith for the purpose of 7
executing this or any other Act, subject a member or a person so 8
acting personally to any action, liability, claim or demand. 9
Part 3 Procedure 10
9 General procedure 11
The procedure for the calling of meetings of the Expert Panel and 12
for the conduct of business at those meetings is, subject to this 13
Act and the regulations, to be as determined by the Expert Panel. 14
10 Quorum 15
The quorum for a meeting of the Expert Panel is a majority of its 16
members for the time being. 17
11 Presiding member 18
(1) The Chairperson or, in the absence of the Chairperson, the 19
Director-General's nominee, is to preside at a meeting of the 20
Expert Panel. 21
(2) In the absence of both the Chairperson and the 22
Director-General's nominee, another member of the Expert Panel 23
elected by the members of the Expert Panel who are present is to 24
preside at a meeting of the Expert Panel. 25
(3) The presiding member has a deliberative vote and, in the event of 26
an equality of votes, has a second or casting vote. 27
12 Voting 28
A decision supported by a majority of the votes cast at a meeting 29
of the Expert Panel at which a quorum is present is the decision 30
of the Expert Panel. 31
13 Transaction of business outside meetings or by telephone 32
(1) The Expert Panel may, if it thinks fit, transact any of its business 33
by the circulation of papers among all the members of the Expert 34
Panel for the time being, and a resolution in writing approved in 35
Page 11
Biofuels Further Amendment Bill 2012
Schedule 1 Amendment of Biofuels Act 2007 No 23
writing by a majority of those members is taken to be a decision 1
of the Expert Panel. 2
(2) The Expert Panel may, if it thinks fit, transact any of its business 3
at a meeting at which members (or some members) participate by 4
telephone, closed-circuit television or other means, but only if 5
any member who speaks on a matter before the meeting can be 6
heard by the other members. 7
(3) For the purposes of: 8
(a) the approval of a resolution under subclause (1), or 9
(b) a meeting held in accordance with subclause (2), 10
each member has the same voting rights as they have at an 11
ordinary meeting of the Expert Panel. 12
(4) A resolution approved under subclause (1) is, subject to the 13
regulations, to be recorded in the minutes of the meetings of the 14
Expert Panel. 15
(5) Papers may be circulated among the members for the purposes of 16
subclause (1) by facsimile or other transmission of the 17
information in the papers concerned. 18
14 First meeting 19
The Chairperson may call the first meeting of the Expert Panel 20
after the commencement of this Schedule in such manner as the 21
Chairperson thinks fit. 22
Page 12
Biofuels Further Amendment Bill 2012
Amendment of Biofuels Regulation 2007 Schedule 2
Schedule 2 Amendment of Biofuels Regulation 2007 1
[1] Clause 7 Reasonable steps for compliance with volumetric biofuel 2
requirement 3
Insert after clause 7 (e): 4
(f) the taking of all reasonable action (on a continuing basis) 5
to ensure that all E10 sold by the volume fuel seller 6
contains at least 9% ethanol. 7
[2] Clause 9 Grounds for exemption 8
Omit "as a circumstance that justifies the exemption of a person from 9
compliance with a minimum biofuel requirement". 10
[3] Clause 9A Registration of volume fuel sellers 11
Omit "10 penalty units" from clause 9A (1). Insert instead "100 penalty units". 12
[4] Clause 9A (5A) 13
Insert after clause 9A (5): 14
(5A) A person must not contravene a condition of registration. 15
Maximum penalty: 100 penalty units. 16
[5] Clause 9B 17
Insert after clause 9A: 18
9B Applications for exemptions 19
(1) An application for an exemption under section 15 of the Act: 20
(a) is to be made in the manner and form approved by the 21
Director-General, and 22
(b) is to be accompanied by the documents specified by the 23
Director-General. 24
(2) Nothing in this clause prevents the Minister granting an 25
exemption in the absence of an application. 26
[6] Schedule 1 Penalty notice offences 27
Omit "$1,100" wherever occurring in Column 2 of the Schedule. 28
Insert instead "$5,500". 29
Page 13
Biofuels Further Amendment Bill 2012
Schedule 2 Amendment of Biofuels Regulation 2007
[7] Schedule 1 1
Insert at the end of the Schedule: 2
3
Biofuels Regulation 2007
Clause 9A (1) $1,100
Clause 9A (5A) $1,100
Page 14
[Index] [Search] [Download] [Related Items] [Help]