Minister for Industry, Tourism and Resources v Mobil Oil Australia Pty Ltd [2004] FCA 694

FEDERAL COURT OF AUSTRALIA

Minister for Industry, Tourism and Resources v Mobil Oil Australia Pty Ltd

[2004] FCA 694

THE MINISTER FOR INDUSTRY, TOURISM AND RESOURCES v MOBIL OIL AUSTRALIA PTY LTD

N 1593 OF 2003

GYLES J 31 MAY 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1593 OF 2003

BETWEEN: THE MINISTER FOR INDUSTRY, TOURISM AND RESOURCES

APPLICANT

AND: MOBIL OIL AUSTRALIA PTY LTD

RESPONDENT

JUDGE: GYLES J

DATE OF ORDER: 31 MAY 2004

WHERE MADE: SYDNEY

THE COURT DECLARES THAT:

The respondent has, in contravention of s 10(2) of the Petroleum Retail Marketing Sites Act 1980 (the Sites Act), during the period from January 1998 to January 2000 (inclusive) operated retail sites such that the aggregate of the sites each month operated by the respondent in excess of the permissible number of retail sites specified in the Petroleum Retail Marketing Sites Regulations (the Sites Regulations) was 563.

THE COURT ORDERS THAT:

1. The respondent whether by its directors, employees, agents or otherwise be restrained for a period of six (6) months from the date of these Orders from acquiring equity in any corporation so that by that acquisition the respondent becomes by virtue of the deeming provisions in s 4 of the Sites Act, a related body corporate to that corporation and the respondent thereby operates retail sites exceeding the permissible number of retail sites specified in the Sites Regulations.

2. The respondent pay to the Commonwealth a pecuniary penalty of $844,500 pursuant to s 13 of the Sites Act in respect of the conduct referred to in the above declaration.

3. The respondent shall implement, maintain and audit a compliance program in the terms of annexure 'A' to the Application in this proceeding to reduce the risk of a repeat of breaches of s 10 of the Sites Act.