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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Fuel Watch Bill 2020
A BILL FOR
An Act to facilitate the provision of information to consumers regarding
the price and availability of fuel for retail sale and wholesale, to regulate
the retail sale and wholesale of fuel, and for other purposes.
Contents
Part 2—Functions of
Commissioner
6Minister may declare fuel
watch areas
Part 4—Information regarding pricing
and availability of fuel
9Offences
relating to display of fuel price
10Offences
relating to sale of fuel
11Court may
order compensation for contravention of Act
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Fuel Watch Act 2020.
The objects of this Act are—
(a) to ensure that consumers are provided with up to date accurate
information regarding the price and availability of fuel; and
(b) to promote fair, competitive and transparent fuel pricing practices;
and
(c) to mitigate negative impacts on consumers and the economy of the State
as a result of fluctuating fuel prices; and
(d) to ensure that fuel prices for retail sale and wholesale are made
available to the public for ease of comparison.
In this Act, unless the contrary intention appears—
biodiesel means a diesel fuel obtained by esterification of
oil derived from plants or animals;
Commissioner means the Commissioner for Consumer
Affairs;
discounted fuel price, in relation to a type of fuel, means
the price per litre at which fuel of that type is available to consumers after
any discount (whether by a voucher, discount rate, reward scheme or any other
means) is applied;
fuel means any of the following:
(a) a petroleum product within the meaning of the
Petroleum
Products Regulation Act 1995
;
(b) biodiesel;
(c) compressed gas;
(d) liquefied natural gas;
fuel pump display means the numerical display of the normal
fuel price appearing on a metered fuel pump at a service station;
fuel retailer means a person or body who carries on the
business of supplying fuel for retail sale;
fuel watch area means—
(a) Metropolitan Adelaide; and
(b) any area declared to be a fuel watch area by the Minister under
section 6
,
but does not include any area declared not to be a fuel watch area by the
Minister under
section 6
;
fuel watch website—see
section 8
;
fuel wholesaler means a person or body who carries on the
business of supplying fuel for wholesale;
Metropolitan Adelaide means Metropolitan Adelaide as defined
by GRO Plan 639/93;
normal fuel price, in relation to a type of fuel, means the
price in cents per litre at which fuel of that type is available to consumers
without any discount (whether by a voucher, discount rate, reward scheme or any
other means) applying;
price board means a board, sign or notice at a service
station that displays the price in cents per litre of each type of fuel
available for retail sale at that service station;
retail sale means a sale in retail quantity for the purposes
of use or consumption;
service station means a building, place or premises where
fuel is offered and supplied for retail sale, but does not include a building,
place or premises where the primary business is the hiring, leasing or sale of
motor vehicles;
wholesale means a sale other than a retail sale.
(1) The Commissioner for Consumer Affairs is responsible for the
administration of this Act.
(2) The Commissioner must, in the administration of this Act, have regard
to the objects of this Act.
Part 2—Functions
of Commissioner
The Commissioner has the following functions under this Act:
(a) to monitor and publish information regarding fuel price and
availability;
(b) to monitor and keep under continuous review the prices of fuel in the
State, and the services provided by fuel retailers and fuel wholesalers
generally;
(c) to give advice to fuel consumers;
(d) to conduct research into matters concerning fuel prices, the interest
of fuel consumers and related issues;
(e) any other functions required for the administration of this
Act.
6—Minister
may declare fuel watch areas
(1) The Minister may,
by notice in the Gazette—
(a) declare an area of the State to be a fuel watch area for the purposes
of this Act; or
(b) declare that the whole or a part of Metropolitan Adelaide is not a
fuel watch area for the purposes of this Act.
(2) The Minister must, before making a declaration under this section,
seek the advice of the Commissioner.
(3) In making a declaration under this section, the Minister must have
regard to the objects of this Act.
(4) The Minister may, by subsequent notice in the Gazette, vary or revoke
a declaration under this section.
(5) Sections 10, 10AA and 10A of the
Subordinate
Legislation Act 1978
apply to a notice made under this section as if it were a regulation
within the meaning of that Act.
Part 4—Information
regarding pricing and availability of fuel
7—Provision
of information to Commissioner on price and availability of fuel and
restrictions on change of fuel price etc
(1) A fuel retailer
must, at the prescribed time, provide the following information to the
Commissioner:
(a) the name, address and contact details of the fuel retailer;
(b) the address of the service station at which fuel is available for sale
by that fuel retailer;
(c) the price in cents
per litre of each type of fuel available for retail sale at that service
station.
Maximum penalty:
(a) for a fuel retailer offering fuel for retail sale within a fuel watch
area—$10 000;
(b) in any other case—$5 000.
(2) A fuel retailer
offering fuel for retail sale within a fuel watch area must not increase or
decrease the price at which fuel will be offered for retail
sale—
(a) if fuel is offered for sale before 6 am on any day—before
midnight on the day following the day on which fuel is offered for retail sale
at the price provided to the Commissioner under
subsection (1)(c)
; or
(b) in any other case—for 24 hours from the time at which fuel is
offered for retail sale at the price provided to the Commissioner under
subsection (1)(c)
.
Maximum penalty: $10 000.
(3) A fuel
wholesaler must, at the prescribed time, provide the following information to
the Commissioner:
(a) the name, address and contact details of the fuel
wholesaler;
(b) the address at which fuel is available for sale by that fuel
wholesaler;
(c) the price in cents per litre of each type of fuel available for
wholesale by the fuel wholesaler.
Maximum penalty: $5 000.
(4) A fuel retailer
or a fuel wholesaler must, not less than 30 minutes after becoming aware of the
fact that fuel will be unavailable for sale by the fuel retailer or fuel
wholesaler (as the case may be), provide that information to the
Commissioner.
Maximum penalty: $5 000.
(5) It is a defence to a charge of an offence against
subsection (1)
,
(2)
,
(3)
or
(4)
for the defendant to prove that—
(a) the defendant did not comply with the requirement due to an emergency;
or
(b) it was unreasonable in the circumstances for the defendant to comply
with the requirement.
(6) Information required to be provided to the Commissioner under this
section must be provided to the Commissioner in a manner and form determined by
the Commissioner.
(7) The Commissioner must ensure that information provided to the
Commissioner under this section is easily accessible to the public on the fuel
watch website and in any other manner the Commissioner thinks fit.
(8) In this section—
prescribed time means—
(a) in relation to a fuel retailer offering fuel for retail sale outside a
fuel watch area—within 30 minutes of increasing or decreasing the price at
which fuel will be offered for retail sale; and
(b) in relation to a fuel retailer offering fuel for retail sale within a
fuel watch area—before 2 pm on the day before offering fuel for retail
sale at the increased or decreased price (as the case may be); and
(c) in relation to a fuel wholesaler offering fuel for wholesale within or
outside a fuel watch area—within 30 minutes of increasing or decreasing
the price at which fuel will be offered for wholesale.
The Commissioner must maintain a website (the fuel watch
website) for the purposes of informing consumers of the price and
availability of fuel in the State containing—
(a) information provided to the Commissioner under
section 7
; and
(b) any other information that the Commissioner thinks relevant.
9—Offences
relating to display of fuel price
(1) If a fuel retailer increases the normal fuel price for a type of fuel,
the retailer must change the price displayed on any price board to reflect the
increase in price before, or at the same time as, changing the price displayed
on any fuel pump display for that type of fuel.
Maximum penalty: $5 000.
(2) A fuel retailer must not display a discounted fuel price on any price
board or fuel pump display.
Maximum penalty: $5 000.
(3) A fuel retailer or a fuel wholesaler must specify the normal fuel
price for a type of fuel separately from the price of any other type of fuel or
any other goods or services offered for sale by the fuel retailer or fuel
wholesaler (as the case may be).
Maximum penalty: $5 000.
(4) The regulations may provide for the manner and form in which a fuel
retailer must display the normal fuel prices for types of fuel, or a type of
fuel of a particular class or kind, on any price board or fuel pump
display.
10—Offences
relating to sale of fuel
(1) A fuel retailer
must not, without reasonable excuse, refuse or fail to sell fuel on demand for
the price provided to the Commissioner in accordance with this Act.
Maximum penalty: $10 000.
(2) A fuel
wholesaler must not, without reasonable excuse, refuse or fail to sell fuel on
demand for the price provided to the Commissioner in accordance with this
Act.
Maximum penalty: $10 000.
(3) It is a defence to a charge against
subsection (1)
or
(2)
if the defendant proves that—
(a) they sold a reasonable quantity of the fuel demanded; or
(b) they did not have a sufficient quantity of fuel to supply the quantity
demanded in addition to the quantity required to satisfy—
(i) all other existing arrangements under which they were obliged to
supply quantities of fuel for consumption or use; and
(ii) the ordinary requirements of their business.
(4) A fuel retailer or fuel wholesaler must not make the sale of fuel to a
person conditional on the sale of any other goods or services.
Maximum penalty: $10 000.
(5) A fuel wholesaler must, on request from a person, provide to the
person in writing, an itemised list of the cost of any of the following
components of the normal fuel price:
(a) delivery of the fuel;
(b) use of a brand in relation to the type of fuel;
(c) use of a credit or payment facility.
Maximum penalty: $10 000.
11—Court
may order compensation for contravention of Act
If the District Court is satisfied, on the application of the Commissioner
or any other person, that a fuel retailer or a fuel wholesaler has contravened a
provision of this Act, the Court may order the fuel retailer or fuel wholesaler
to pay compensation to a person who has suffered loss or damage as a result of
the contravention.
(1) The Commissioner may, by instrument in writing, delegate powers or
functions under this Act to any person.
(2) A delegation under this section—
(a) may be absolute or conditional; and
(b) does not derogate from the power of the Commissioner to act personally
in any matter; and
(c) is revocable at will; and
(d) may, if the instrument of delegation so provides, be further
delegate.
(1) The Commissioner must, on or before 31 October in each year, submit to
the Minister a report on the administration of this Act by the Commissioner
during the year ended on the preceding 30 June.
(2) A report of the Commissioner required under this section may be
combined with a report of the Commissioner required under any other Act
(provided that such reports relate to the same period).
(3) The Minister must, within 14 sitting days after receiving the
Commissioner's report, have copies of the report laid before both Houses of
Parliament.
14—Regulations
and fee notices
(1) The Governor may make such regulations as are contemplated by, or
necessary or expedient for the purposes of, this Act.
(2) A regulation may be of general or limited application and may vary in
operation according to factors stated in the regulation.
(3) The Minister may prescribe fees for the purposes of this Act by fee
notice under the
Legislation
(Fees) Act 2019
.