Fair Trading (Fuel Prices) (Amendment) Act 1999 (ACT)

AUSTRALIAN CAPITAL TERRITORY

Fair Trading (Fuel Prices) (Amendment) Act 1999

No. 45 of 1999

An Act to amend the Fair Trading (Fuel Prices) Act 1993

[Notified in ACT Gazette S54: 17 September 1999]

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1. Short title

   This Act is the Fair Trading (Fuel Prices) (Amendment) Act 1999.

2. Commencement

   This Act commences on the day it is notified in the Gazette.

3. Act amended

   This Act amends the Fair Trading (Fuel Prices) Act 1993. 1

4. Interpretation

   Section 2 is amended by inserting in subsection (1) the following definition:

   “regulated transfer means a single consignment of a fuel that is—

   (a)    at least 2,000 litres; and

   (b)    delivered to or withdrawn from a place in the Territory under, or because of, an agreement for the sale, purchase or exchange of fuel.”.

5. Insertion

   After section 7 the following sections are inserted:

6. When a volume of fuel must be temperature converted

7. The volume of a fuel in a regulated transfer must be measured or calculated as if the fuel were at the temperature of 15^oC.

8. A person must not, without reasonable excuse, authorise a regulated transfer in which—

   (a)the volume of the fuel is measured or calculated contrary to subsection (1); or

(b)the price or value of the fuel transferred is fixed by reference to a volume measured or calculated contrary to subsection (1).

Penalty for contravention of subsection (2):

(a)for a natural person—50 penalty units or imprisonment for 6 months, or both;

(b)for a body corporate—250 penalty units.

1. Section 8 must not be circumvented

2. Section 8 applies even if there is an agreement or understanding to the contrary.

3. A provision in an agreement is void so far as it is inconsistent with section 8 or a right or remedy arising from the section.

4. Section 8 applies even if the proper law of the agreement is that of another jurisdiction.

5. Nothing in section 8 affects the operation of an agreement so far as it can operate consistently with that section.”.

6. Renumbering

   Section 8 (Regulations) is renumbered as section 10.

NOTES

Act amended

1. Act 1993 No 40. See also Acts 1997 No 93; 1998 Nos 18 and 54.

Penalty units

1. See section 33AA of the Interpretation Act 1967.

[Presentation speech made in Assembly on 2 July 1999]

©  Australian Capital Territory 1999