Fuel Quality Standards Amendment (Miscellaneous Measures) Regulations 2017 (Cth)

Fuel Quality Standards Amendment (Miscellaneous Measures) Regulations 2017

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 10 August 2017

Peter Cosgrove

Governor‑General

By His Excellency’s Command

Josh Frydenberg

Minister for the Environment and Energy

Contents

1Name

This instrument is the Fuel Quality Standards Amendment (Miscellaneous Measures) Regulations 2017.

2Commencement

1. (1)

   Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this instrument	The day after this instrument is registered.	15 August 2017

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

1. (2)

   Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3Authority

This instrument is made under the Fuel Quality Standards Act 2000.

4Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Fuel Quality Standards Regulations 2001

1. 1

   Subregulation 3(1) (paragraph (b) of the definition of contact details)

After “address”, insert “, if it differs from the address described in paragraph (a)”.

1. 2

   Subregulation 3(1) (paragraph (d) of the definition of contact details)

Repeal the paragraph.

3

Subregulation 4(3)

Omit “or an SES employee of the Department”.

4

Subregulation 4(3)

Omit “or SES employee”.

5

Paragraph 24(2)(c)

Omit “2 years”, substitute “12 months after the end of the calendar year to which the record relates”.

6

Regulation 25 (heading)

Repeal the heading, substitute:

25Records for suppliers who produce or blend fuels

7

Regulation 26 (heading)

Repeal the heading, substitute:

26Records for suppliers who import fuel

8

Regulation 27 (heading)

Repeal the heading, substitute:

27Records for suppliers who distribute fuel using their own vehicles or contractors’ vehicles

9

Regulation 28 (heading)

Repeal the heading, substitute:

28Records for suppliers who operate service stations or distribute fuel

10

Regulation 30

Omit “is”, substitute “and the Low Aromatic Fuel Act 2013 are”.

11

At the end of Part 7

Add:

30ADelegation of Minister’s powers and functions

1. (1)

   The Minister may, in writing, delegate all or any of his or her functions or powers under these Regulations to the Secretary or to an SES employee, or acting SES employee, in the Department.

   Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.

2. (2)

   In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Minister.

30BDelegation of Secretary’s powers and functions

1. (1)

   The Secretary may, in writing, delegate all or any of his or her functions or powers under these Regulations to an SES employee, or acting SES employee, in the Department.

   Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.

2. (2)

   In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Secretary.

12

In the appropriate position in Part 8

Insert:

32Amendments made by the Fuel Quality Standards Amendment (Miscellaneous Measures) Regulations 2017

1. (1)

   This regulation sets out the application of amendments of these Regulations made by the Fuel Quality Standards Amendment (Miscellaneous Measures) Regulations 2017 (the amending regulations).

2. (2)

   The amendments of the definition of contact details in subregulation 3(1) apply in relation to:

   1. (a)

      applications for approvals made on or after the commencement of the amending regulations; and

   2. (b)

      supplies of fuel made on or after that commencement.

3. (3)

   The amendments of subregulation 4(3) apply in relation to requirements made on or after the commencement of the amending regulations.

4. (4)

   The amendment of paragraph 24(2)(c) applies to records for calendar years starting on or after the commencement of the amending regulations.