Australian Consumer Law and Fair Trading (Code of Practice for Fuel Price Boards) Regulations 2016 (Vic)

Version No. 001

Australian Consumer Law and Fair Trading (Code of Practice for Fuel Price Boards) Regulations 2016

S.R. No. 54/2016

Version as at

30 November 2016

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Prescription of Code of Practice for Fuel Price Boards

Schedule 1—Code of Practice for Fuel Price Boards

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 001

Australian Consumer Law and Fair Trading (Code of Practice for Fuel Price Boards) Regulations 2016

S.R. No. 54/2016

Version as at

30 November 2016

1Objective

The objective of these Regulations is to prescribe a code of practice to regulate the display of fuel prices on price boards at service stations.

2Authorising provision

These Regulations are made under section 232 of the Australian Consumer Law and Fair Trading Act 2012.

3Commencement

These Regulations come into operation on 30 November 2016.

4Prescription of Code of Practice for Fuel Price Boards

For the purposes of Part 6.3 of the Australian Consumer Law and Fair Trading Act 2012, the code of practice set out in the Schedule to these Regulations is the Code of Practice for Fuel Price Boards.

Schedule 1—Code of Practice for Fuel Price Boards

Regulation 4

1Citation

This code of practice may be cited as the Code of Practice for Fuel Price Boards.

2Purpose of code

The purpose of this code of practice is to regulate the display of fuel prices on price boards at service stations.

3Definitions

In this code of practice—

biodiesel means a diesel fuel obtained by esterification of oil derived from plants or animals;

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)petroleum products within the meaning of the Business Franchise (Petroleum Products) Act 1979;

(b)biodiesel;

(c)compressed gas;

(d)liquefied natural gas;

(e)liquefied petroleum 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;

liquefied petroleum gas means a hydrocarbon fluid composed predominantly of any of the following hydrocarbons or mixtures of all or any of them—

(a)propane;

(b)propylene;

(c)butane;

(d)butylene;

normal fuel price, in relation to a type of fuel, means the price 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 information regarding the price of types of fuel for retail sale at the service station;

service station means a building, place or premises where fuel is 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.

4Price board not to display discounted fuel price

A fuel retailer must not display a discounted fuel price on any price board.

5Price board may display information about discounts

A fuel retailer may display information about discounts and special offers on a price board so long as only normal fuel prices are displayed.

6Display of prices on price board and fuel pump display

(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.

(2)If a fuel retailer decreases the normal fuel price for a type of fuel, the retailer must change the price displayed on any price board to reflect the decrease in price after, or at the same time as, changing the price displayed on any fuel pump display for that type of fuel.

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Endnotes

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Australian Consumer Law and Fair Trading (Code of Practice for Fuel Price Boards) Regulations 2016, S.R. No. 54/2016 were made on 31 May 2016 by the Governor in Council, on the recommendation of the Minister, under section 232 of the Australian Consumer Law and Fair Trading Act 2012, No. 21/2012 and came into operation on 30 November 2016: regulation 3.

The Australian Consumer Law and Fair Trading (Code of Practice for Fuel Price Boards) Regulations 2016 will sunset 10 years after the day of making on 31 May 2026 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

There are no amendments made to the Australian Consumer Law and Fair Trading (Code of Practice for Fuel Price Boards) Regulations 2016 by statutory rules, subordinate instruments and Acts.

3   Amendments Not in Operation

There are no amendments which were Not in Operation at the date of this publication.

4   Explanatory details

No entries at date of publication.