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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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…
Overview
The Fuel Quality Standards Act 2000 was enacted by the Commonwealth of Australia Parliament to regulate the quality of fuel supplied in Australia and ensure that, where appropriate, information about fuel is provided when the fuel is supplied. The Act was introduced to address the need to reduce pollutants and emissions from fuel use, facilitate better engine and emission control technologies, and improve engine efficiency. It also aims to provide information about fuel to consumers. The Act applies to various entities, including constitutional corporations, Commonwealth entities, and persons engaged in constitutional trade or commerce. Key provisions include the establishment of fuel standards and fuel quality information standards, the regulation of fuel and fuel additives, and the imposition of penalties for non-compliance. The Act also provides for the establishment of a Fuel Standards Consultative Committee to advise the Minister on matters related to fuel standards and quality information.
Scope and Application
The Fuel Quality Standards Act 2000 (the Act) is a Commonwealth Act that regulates the quality of fuel supplied in Australia. It applies to constitutional corporations, Commonwealth entities, and entities involved in constitutional trade or commerce, specifically focusing on fuel and fuel additives. The Act extends to every external Territory of Australia, excluding Norfolk Island, and operates in conjunction with other Commonwealth laws, as well as State and Territory laws where it does not exclude them. The Act's primary objectives are to reduce pollutants and emissions from fuel use, facilitate the adoption of better engine and emission control technologies, and ensure the provision of fuel quality information where appropriate. It establishes a regulatory framework that includes the setting of fuel standards and fuel quality information standards, the granting of approvals for variations to these standards, and the imposition of penalties for non-compliance. The Act also establishes a Fuel Standards Consultative Committee to provide advice on fuel standards and quality information standards. Enforcement mechanisms include the appointment of inspectors, the issuance of warrants for monitoring and enforcement, and the imposition of civil penalties for certain contraventions. Additionally, the Act includes provisions for the supply and importation of fuel additives, record-keeping requirements, and mechanisms for the review and amendment of the Act.
Key Provisions
- The Fuel Quality Standards Act 2000, as amended, establishes a comprehensive regulatory framework for the supply and use of fuel and fuel additives in Australia. The Act aims to regulate the quality of fuel to reduce environmental and health risks, facilitate better engine technology, and ensure the provision of necessary information about fuel. Key provisions of the Act include the establishment of fuel standards and fuel quality information standards, the regulation of fuel and fuel additive supply, and the enforcement mechanisms to ensure compliance. Suppliers of fuel that does not comply with the set standards face both criminal and civil penalties, as outlined in sections 12 and 12AA, with penalties ranging from 500 to 2,500 penalty units depending on the severity of the offence and the entity involved. Similarly, supplying fuel without the required documentation, altering fuel, and supplying or importing prohibited fuel additives are also subject to penalties as specified in sections 19, 20, 30, and 31. The Act further mandates record-keeping and reporting obligations for suppliers, with failure to comply resulting in strict liability offences and civil penalties as stipulated in sections 66 and 66A. Enforcement of the Act is facilitated through the appointment of inspectors with extensive monitoring and search powers, detailed in sections 38 and 40, among others. Inspectors can operate electronic equipment, seize evidential material, and require individuals on premises to answer questions, with specific procedural requirements outlined in sections 49 to 51. Failure to comply with these provisions can result in criminal or civil penalties, including imprisonment and fines. The Act also includes provisions for the issuance of infringement notices as a less severe enforcement option, detailed in Division 12, which can be withdrawn or result in refunds under certain conditions. Additionally, the Act provides for the disclosure of information under specific circumstances to aid in the administration and enforcement of related laws, as outlined in section 67A. The Act's operation is overseen through annual reports and independent reviews, with decisions subject to review by the Administrative Review Tribunal, as specified in sections 70 to 72.
- Area of Law
- Environmental Law
- Corporate Law & Governance
- Instrument
- Act
- Concepts
- Offence Provisions
- Civil Penalty Provisions
- Licensing & Registration
- Enforcement Powers
- Regulatory Standards
- Regulatory Discretion