Consumer Affairs and Fair Trading (Fuel Retailers) Regulations 2017 (NT)

NORTHERN TERRITORY OF AUSTRALIA

CONSUMER AFFAIRS AND FAIR TRADING (FUEL RETAILERS) REGULATIONS 2017

As in force at 1 November 2017

Table of provisions [if supportFields]><span style='mso-element:field-begin'></span><span style='mso-spacerun:yes'>&#160;</span>TOC \o &#34;1-9&#34; <span style='mso-element: field-separator'></span><![endif] — Citation2 — Commencement3 — Scheme for publication of service station fuel prices4 — Registering for MyFuel NT5 — Reporting for MyFuel NT6 — Changing price displayed on price board7 — Discounted fuel price not to be displayed on price board8 — ExemptionENDNOTES NORTHERN TERRITORY OF AUSTRALIA

NORTHERN TERRITORY OF AUSTRALIA

As in force at 1 November 2017

CONSUMER AFFAIRS AND FAIR TRADING (FUEL RETAILERS) REGULATIONS 2017

Regulations under the Consumer Affairs and Fair Trading Act 1990

1Citation

These Regulations may be cited as the Consumer Affairs and Fair Trading (Fuel Retailers) Regulations 2017.

2Commencement

These Regulations commence on 1 November 2017.

3Scheme for publication of service station fuel prices

For section 187(1) of the Act, there is to be a scheme known as MyFuel NT.

4Registering for MyFuel NT

• (1)

  The fuel retailer for a service station is required to register the service station for MyFuel NT before offering prescribed fuel for retail sale at the service station.

• (2)

  Subject to subregulation (3), a service station is registered in accordance with MyFuel NT when:

  • (a)

    the fuel retailer for the service station gives the following details (registration details) to the Commissioner:

    • (i)

      the name, ABN and ACN (if any) of the fuel retailer;

    • (ii)

      the telephone number, postal address and email address of the fuel retailer;

    • (iii)

      the name, position title, telephone number and email address of the primary contact person for the fuel retailer;

    • (iv)

      the business name registered under the Business Names Registration Act 2011 (Cth) for the service station;

    • (v)

      the telephone number, street address, postal address and email address of the service station;

    • (vi)

      the name, position title, telephone number and email address of the primary contact person for the service station;

    • (vii)

      the fuel brand offered for retail sale at the service station (if any);

    • (viii)

      each prescribed fuel usually offered for retail sale at the service station; and

  • (b)

    the Commissioner gives confirmation of registration to the fuel retailer.

• (3)

  A service station is not registered in accordance with MyFuel NT if:

  • (a)

    any of the registration details for the service station change; and

  • (b)

    the fuel retailer for the service station fails to notify the Commissioner of the change within 14 days of the change occurring.

• (4)

  The Commissioner must cancel the registration of a service station if:

  • (a)

    the person who registered the service station under subregulation (1) requests the Commissioner to do so; and

  • (b)

    the Commissioner is satisfied that the person is no longer the fuel retailer for the service station.

• (5)

  In this regulation:

  ABN, see section 41 of the A New Tax System (Australian Business Number) Act 1999 (Cth).

  ACN, see section 9 of the Corporations Act 2001.

5Reporting for MyFuel NT

The fuel retailer for a service station is required to report the following information to the Commissioner:

• (a)

  the normal fuel price of each prescribed fuel offered for retail sale at the service station and the date and time at which that normal fuel price is effective;

• (b)

  that a prescribed fuel offered for retail sale is temporarily unavailable, when that occurs.

6Changing price displayed on price board

• (1)

  This regulation applies if a fuel retailer for a service station displays the price of a prescribed fuel on a price board at the service station.

• (2)

  If the fuel retailer displays the price of a prescribed fuel on a price board and the normal fuel price of the prescribed fuel changes, the fuel retailer must change the price displayed on the price board:

  • (a)

    as soon as the price change is effective as reported under regulation 5(a); and

  • (b)

    if the normal fuel price increases ‑ before, or at the same time as, changing the price on any fuel pump display; and

  • (c)

    if the normal fuel price decreases ‑ after, or at the same time as, changing the price on any fuel pump display.

• (3)

  In this regulation:

  fuel pump display means the display of the normal fuel price appearing on a metered fuel pump at a service station.

7Discounted fuel price not to be displayed on price board

• (1)

  A discounted fuel price must not be displayed on a price board.

• (2)

  To avoid doubt, information about discounts and special offers may be displayed on a price board.

8Exemption

The Commissioner may exempt a fuel retailer for a service station from a requirement of these Regulations if it appears to the Commissioner that, in the circumstances, compliance with the requirement is not necessary for the public interest.

ENDNOTES

• 1

  KEY

Key to abbreviations

 

amd = amended od = order

app = appendix om = omitted

bl = by-law pt = Part

ch = Chapter r = regulation/rule

cl = clause rem = remainder

div = Division renum = renumbered

exp = expires/expired rep = repealed

f = forms s = section

Gaz = Gazette sch = Schedule

hdg = heading sdiv = Subdivision

ins = inserted SL = Subordinate Legislation

lt = long title sub = substituted

nc = not commenced

• 2

  LIST OF LEGISLATION

Consumer Affairs and Fair Trading (Fuel Retailers) Regulations (SL No. 28, 2017)
Notified	27 September 2017
Commenced	1 November 2017 (r 2)

• 3

  GENERAL AMENDMENTS

General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22 of 2018) to: r 1.