Fuel Quality Standards Act 2000 (Cth)

Fuel Quality Standards Act 2000

No. 153, 2000

Compilation No. 10

Compilation date: 14 October 2024

Includes amendments: Act No. 39, 2024

About this compilation

This compilation

This is a compilation of the Fuel Quality Standards Act 2000 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Objects of Act 4 Definitions 5 Applicable fuel standard for fuel supplies 6 Act binds the Crown 7 External Territories 8 Relationship to other Commonwealth laws 9 Relationship to State and Territory laws Part 2—Regulation of fuel and fuel additives Division 1—Overview 11 Overview of Part Division 2—Supply of fuel 12 Offence—supplying fuel that does not comply with fuel standards 12AA Civil penalty—supplying fuel that does not comply with fuel standards 12A Offence—supplying fuel that does not comply with fuel quality information standards 12B Civil penalty—supplying fuel that does not comply with fuel quality information standards Division 3—Approvals Subdivision A—Grant of approval 13 Grant of approval 13A Period of effect of approval 14 Application for approval 15 Criteria for granting approval 16 Conditions of approval 17 Condition about informing people of obligations 17A Approvals and reasons for approvals to be made public 17B Notification of refusal to grant approval Subdivision B—Variation of approval 17C Variation of approval—general 17D Variation of approval—Secretary's initiative 17E Variation of approval—adding regulated persons 17F Variation of approval—extended period of effect of emergency approval Subdivision C—Revoking an approval 17G Revoking an approval Subdivision D—Contravening conditions of approval 18 Offences—contravening conditions of approval 18A Civil penalties—contravening conditions of approval Division 4—Fuel documentation 19 Offence—supplying fuel without documentation 19A Civil penalty—supplying fuel without documentation Division 5—Alteration of fuel 20 Offence—altering fuel the subject of a fuel standard 20A Civil penalty—altering fuel the subject of a fuel standard Division 6—Fuel standards and fuel quality information standards 21 Making fuel standards 22 Guidelines for more stringent fuel standards 22A Making fuel quality information standards 24 Fuel Standards Consultative Committee 24A Consultation—general 24B Consultation—extended period of effect of emergency approval 24C Notification 25 Membership of Committee 26 Procedures of Committee 28 Remuneration 29 Appointment conditions of committee members Division 7—Supply and importation of fuel additives 30 Offence—supplying a fuel additive 30A Civil penalty—supplying a fuel additive 31 Offence—importing a fuel additive 31A Civil penalty—importing a fuel additive Division 8—Register of Prohibited Fuel Additives 32 Minister to keep Register 33 Inspection of the Register 34 Notice of proposed entries in the Register 35 Minister to consider submissions and make a decision 36 Guidelines for making a decision Part 3—Enforcement Division 1—Overview 37 Overview of Part Division 2—Appointment of inspectors and identity cards 38 Appointment of inspectors 39 Identity card Division 3—Monitoring powers 40 Powers available to inspectors for monitoring compliance 41 Monitoring powers—with consent or with warrant 41A Exercise of powers in public areas of business premises 42 Inspector on premises under monitoring warrant may require persons to answer questions etc. Division 4—Search and seizure powers 43 Searches and seizures 44 Search and seizure powers Division 5—Obligations and incidental powers of inspectors 45 Inspector must produce identity card on request 46 Consent 47 Announcement before entry 48 Details of warrant to be given to occupier etc. 49 Use of electronic equipment already at premises 50 Securing electronic equipment for use by experts 51 Compensation for damage to electronic equipment Division 6—Occupier's rights and responsibilities 52 Occupier entitled to be present during search 53 Occupier to provide inspector with all facilities and assistance Division 7—General provisions relating to seizure 54 Copies of seized things to be provided 55 Receipts for things seized 56 Return of seized things 57 Magistrate may permit a thing to be retained 58 Disposal of goods if there is no owner or owner cannot be located Division 7A—Analysing samples taken under this Part etc. 58A How sample is to be dealt with 58B Evidentiary certificates in relation to certain matters Division 8—Warrants 59 Monitoring warrants 60 Enforcement warrants 61 Enforcement warrants by telephone, telex, fax etc. 62 Offences relating to warrants Division 9—Powers of magistrates 63 Powers conferred on magistrates in their personal capacity 64 Immunity of magistrates Division 10—Injunctions 65 Injunctions Division 11—Civil penalties Subdivision A—Obtaining an order for a civil penalty 65A Court may order person to pay pecuniary penalty for contravening civil penalty provision 65B Persons involved in contravening civil penalty provision 65C Recovery of a pecuniary penalty 65D Gathering information for application for pecuniary penalty Subdivision B—Civil penalty proceedings and criminal proceedings 65E Civil proceedings after criminal proceedings 65F Criminal proceedings during civil proceedings 65G Criminal proceedings after civil proceedings 65H Evidence given in proceedings for penalty not admissible in criminal proceedings 65J Civil double jeopardy Subdivision C—Miscellaneous 65K Multiple contraventions of civil penalty provisions Division 12—Infringement notices 65L When an infringement notice may be given 65M Matters to be included in an infringement notice 65N Extension of time to pay penalty 65P Withdrawal of an infringement notice 65Q Effect of payment of penalty 65R Effect of this Division 65S Regulations Division 13—Enforceable undertakings 65T Acceptance of undertakings 65U Enforcement of undertakings Part 4—Record keeping and reporting obligations 66 Offence—failure to keep and maintain records 66A Civil penalty—failure to keep and maintain records 67 Annual statements Part 5—Other matters 67A Disclosure of information 68 Delegation by Minister 69 Delegation by Secretary 70 Review of decisions 71 Annual report 72 Review of operation of Act 73 Regulations Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history