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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Fair Trading Amendment (Fuel Price
Transparency) Bill 2016
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The objects of this Bill are:
(a) to amend the Fair Trading Act 1987 (the principal Act) to provide for the establishment of
a scheme for the publication of service station fuel prices on an ongoing and up-to-date
basis, and
(b) to make a consequential amendment to the Fair Trading Regulation 2012.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on the date of assent to the
proposed Act.
Schedule 1 Amendment of Fair Trading Act 1987 No 68
Schedule 1 inserts a new Division into Part 4 of the principal Act to support the establishment of
a scheme for the publication of service station fuel prices on an ongoing and up-to-date basis. The
details of the scheme are to be specified by the Secretary (as defined in the principal Act) by order
published on the NSW legislation website. Proposed section 58 (4) provides that it is an offence
to fail to register for the scheme or to offer fuel at a standard retail price other than the price
notified under the scheme.
b2015-155.d12
Fair Trading Amendment (Fuel Price Transparency) Bill 2016 [NSW]
Explanatory note
Schedule 2 Amendment of Fair Trading Regulation 2012
Schedule 2 amends the Fair Trading Regulation 2012 to include an offence relating to the scheme
as a penalty notice offence.
Page 2
First print
New South Wales
Fair Trading Amendment (Fuel Price
Transparency) Bill 2016
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Fair Trading Act 1987 No 68 3
Schedule 2 Amendment of Fair Trading Regulation 2012 5
b2015-155.d12
New South Wales
Fair Trading Amendment (Fuel Price
Transparency) Bill 2016
No , 2016
A Bill for
An Act to amend the Fair Trading Act 1987 to provide for the establishment of a scheme for the
publication of service station fuel prices; and to make a consequential amendment to the Fair
Trading Regulation 2012.
Fair Trading Amendment (Fuel Price Transparency) Bill 2016 [NSW]
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Fair Trading Amendment (Fuel Price Transparency) Act 2016. 3
2 Commencement 4
This Act commences on the date of assent to this Act. 5
Page 2
Fair Trading Amendment (Fuel Price Transparency) Bill 2016 [NSW]
Schedule 1 Amendment of Fair Trading Act 1987 No 68
Schedule 1 Amendment of Fair Trading Act 1987 No 68 1
Part 4 NSW consumer safety and information requirements 2
Insert after Division 5: 3
Division 6 Publication of service station fuel prices 4
58 Scheme for publication of service station fuel prices 5
(1) The Secretary may, by order published on the NSW legislation website, 6
establish a scheme for the publication of standard retail prices of prescribed 7
fuel available for the fuelling of motor vehicles at service stations on an 8
ongoing and up-to-date basis. 9
(2) Without limiting subsection (1), the order may: 10
(a) specify requirements for the registration of service stations or service 11
station operators for the purposes of the scheme or apply the scheme to 12
persons, or persons of a specified class, registered under the Biofuels 13
Act 2007, and 14
(b) specify requirements for the notification of the standard retail price of 15
each kind of fuel available at a service station for the fuelling of motor 16
vehicles and the date and time from which the notified price is the 17
standard retail price for the fuel. 18
(3) The Secretary may arrange for information notified under the order to be 19
published as the Secretary thinks fit, including by making it available on a 20
website, through a telecommunication system or by any other means. 21
(4) The operator of a service station is guilty of an offence if: 22
(a) the service station or operator is not registered as required by an order 23
under this section, or 24
(b) a type of prescribed fuel is offered for retail sale for the fuelling of 25
motor vehicles at the service station at a standard retail price other than 26
the price notified as being in effect at the time of the offer in accordance 27
with an order under this section. 28
(5) It is a defence to a prosecution for an offence against subsection (4) if the 29
defendant proves that the commission of the offence was due to causes over 30
which the defendant had no control and that the defendant took reasonable 31
precautions and exercised due diligence to prevent the commission of the 32
offence. 33
(6) In this section: 34
biodiesel, biodiesel blend, ethanol and petrol-ethanol blend have the same 35
meanings as in the Biofuels Act 2007. 36
prescribed fuel means the following: 37
(a) petrol, being a petroleum-based fuel (whether or not containing ethanol) 38
for spark-ignition internal combustion engines that is sold as petrol or 39
as petrol-ethanol blend, but does not include diesel fuel, aviation fuel or 40
liquid petroleum gas, 41
(b) diesel fuel, being a petroleum-based fuel (whether or not containing 42
biodiesel) for internal combustion engines that is sold as diesel fuel or 43
as a biodiesel blend, 44
(c) liquefied petroleum gas, 45
(d) liquefied natural gas, 46
Page 3
Fair Trading Amendment (Fuel Price Transparency) Bill 2016 [NSW]
Schedule 1 Amendment of Fair Trading Act 1987 No 68
(e) compressed gas, 1
(f) any fuel specified in a preceding paragraph that is combined with 2
another such fuel or other substance. 3
service station means a building or place used for the fuelling of motor 4
vehicles involving the sale by retail of a prescribed fuel, whether or not any 5
other fuel or other product is sold there and whether or not the building or 6
place is used for any other purpose, but does not include a building or place 7
used primarily for the purpose of hiring, leasing or selling motor vehicles. 8
service station operator means a person who operates or controls the operation 9
of a service station. 10
standard retail price, in relation to a prescribed fuel supplied by retail at a 11
service station, means the price per litre at which the fuel is available to retail 12
customers without any discounts or special offers. 13
Page 4
Fair Trading Amendment (Fuel Price Transparency) Bill 2016 [NSW]
Schedule 2 Amendment of Fair Trading Regulation 2012
Schedule 2 Amendment of Fair Trading Regulation 2012 1
Schedule 1 Penalty notice offences 2
Insert in appropriate order under the heading "Offences under the Fair Trading Act 1987 3
(other than the ACL)": 4
5
Section 58 (4) $550
Page 5
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