Fuels Control Act 1979 (ACT)

Case

Fuels Control Act 1979 (repealed)   

A1979-14

Republication No 11

Effective:  11 October 2019

Republication date: 11 October 2019

As repealed by A2019‑11 s 105 (1)

About this republication

The republished law

This is a republication of the Fuels Control Act 1979 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any commencement, amendment, repeal or expiry affecting this republished law to 11 October 2019.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

  • authorised republications to which the Legislation Act 2001 applies

  • unauthorised republications.

  • The status of this republication appears on the bottom of each page.

    Editorial changes

    The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

    This republication does not include amendments made under part 11.3 (see endnote 1).

    Uncommenced provisions and amendments

    If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

    Modifications

    If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

    Penalties

    At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

    Fuels Control Act 1979 (repealed)

    Contents

    Page

    1            Name of Act  2

    2            Dictionary  2

    2A          Notes  2

    2BOffences against Act—application of Criminal Code etc 2

    3            Controller of Fuels  3

    4            Delegation by controller  3

    5            Inspectors  3

    5A          Identity cards  3

    6            Controller may make recommendations to the Minister  4

    7           Person carrying on prescribed business must give controller notice        4

    8            Controller may require information  5

    9            Powers of inspector  6

    10          Controller may require information from persons having storage capacity exceeding the prescribed capacity  7

    11          Declaration  8

    12          Powers of emergency services commissioner during emergency           9

    12A           Controller to give information to emergency services commissioner       10

    13          Expiration of requirements  11

    15          Inspector may inspect vehicle suspected of transporting fuel               11

    16          Control of disposal etc of certain fuel brought into ACT  12

    17          Application  13

    20          Information not admissible in evidence  13

    21          Regulation-making power  13

    Dictionary14

    Endnotes

    1            About the endnotes  16

    2            Abbreviation key  16

    3            Legislation history  17

    4            Amendment history  20

    5            Earlier republications  22

    Fuels Control Act 1979 (repealed)

    An Act relating to the distribution of certain fuels in the ACT

    1. Name of Act

      This Act is the Fuels Control Act 1979.

    2. Dictionary

      The dictionary at the end of this Act is part of this Act.

      Note 1The dictionary at the end of this Act defines certain terms used in this Act.

      Note 2A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

    2ANotes

    A note included in this Act is explanatory and is not part of this Act.

    NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

    2BOffences against Act—application of Criminal Code etc

    Other legislation applies in relation to offences against this Act.

    Note 1Criminal Code

    The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

    The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

    Note 2Penalty units

    The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

    1. Controller of Fuels

      The director‑general must appoint a public servant as the Controller of Fuels.

      Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

      Note 2In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).

    2. Delegation by controller

      The controller may delegate to a public servant the controller’s functions under this Act.

      NoteFor the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.

    3. Inspectors

      (1)The director‑general may appoint a public servant as an inspector.

      Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

      Note 2In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).

      (2)An inspector must exercise the functions, subject to this Act, that the controller directs.

    5AIdentity cards

    (1)The director‑general must give an inspector an identity card stating the person’s name and that the person is an inspector.

    (2)The identity card must show—

    (a)a recent photograph of the person; and

    (b)the card’s date of issue and expiry; and

    (c)anything else prescribed by regulation.

    (3)A person commits an offence if—

    (a)the person stops being an inspector; and

    (b)the person does not return the person’s identity card to the director‑general as soon as practicable, but no later than 7 days after the day the person stops being an inspector.

    Maximum penalty:  1 penalty unit.

    (4)An offence against this section is a strict liability offence.

    1. Controller may make recommendations to the Minister

      The controller may make recommendations to the Minister on any matter relating to the storage, supply or use of fuels in the ACT.

    2. Person carrying on prescribed business must give controller notice

      (1)A person who carries on a prescribed business must give the controller a written notice setting out—

      (a)the person’s name; and

      (b)the address and telephone number of each place where the person carries on the business; and

      (c)the kinds of fuel that can be stored at each place; and

      (d)the quantity of each kind of fuel that can be stored at each place.

      (2)The person must give the notice not later than 14 days after the day the person starts to carry on the prescribed business.

      (3)If a person has given a notice under subsection (1), the person must give the controller written notice of a change in any of the particulars stated in the notice not later than 14 days after the day the change happens.

      (4)If a person stops carrying on a prescribed business, the person must, not later than 14 days after the day the person stops carrying on the business, give the controller a written notice stating—

      (a)that the person has stopped carrying on the business; and

      (b)the date the person stopped carrying on the business.

      (5)A person commits an offence if—

      (a)the person is required to give a notice to the controller under this section; and

      (b)the person does not give the notice in accordance with this section.

      Maximum penalty:  5 penalty units.

      (6)An offence against this section is a strict liability offence.

    3. Controller may require information

      (1)The controller may, by written notice, require a person who carries on a prescribed business to give to the controller, in writing and as soon as practicable (but no later than 14 days after the day the person is given the notice), for each kind of fuel stated in the notice, particulars of—

      (a)the quantity of fuel held by the person; and

      (b)the quantity of fuel sold by the person during the period stated in the notice.

      NoteFor how a notice may be served, see the Legislation Act, pt 19.5.

      (2)A person commits an offence if the person does not comply with a requirement made of the person under subsection (1).

      Maximum penalty:  50 penalty units.

      (3)An offence against this section is a strict liability offence.

    4. Powers of inspector

      (1)Where a declaration under section 11 (1) is in force, an inspector may, at any reasonable hour of the day or night—

      (a)inspect premises at which a prescribed business is carried on, and any books or documents at those premises that relate to that business; and

      (b)inspect any receptacles or equipment on the premises; and

      (c)inspect any vehicle that is on the premises, being a vehicle that is so constructed as to be capable of transporting fuel; and

      (d)require the occupier, or person for the time being in charge of the premises, to inform him or her of the nature of the substance held in any receptacle or equipment on the premises; and

      (e)require the occupier, or any person employed at the premises, in the presence of the inspector—

      (i)to open any receptacle or equipment on the premises; and

      (ii)to measure the contents of any such receptacle or equipment; and

      (f)require the driver, or the person in charge, of a vehicle referred to in paragraph (c) to inform him or her whether the vehicle is carrying fuel and, if so, inform him or her of the nature of the fuel; and

      (g)require the driver, or the person in charge, of a vehicle referred to in paragraph (c), in the presence of the inspector—

      (i)to open any tank or receptacle on the vehicle; and

      (ii)to measure the contents of the tank or receptacle.

      (2)A person commits an offence if—

      (a)the person fails to take reasonable steps to comply with a requirement made of the person by an inspector under subsection (1); and

      (b)the inspector complies with any request made under subsection (4) (a).

      Maximum penalty:  50 penalty units.

      NoteThe Legislation Act, s 170 and s 171 deal with the application of the privilege against selfincrimination and client legal privilege.

      (3)An offence against this section is a strict liability offence.

      (4)An inspector who enters premises under this section is not authorised to remain on the premises if—

      (a)the occupier, or the person in charge, of the premises asks the inspector to produce the inspector’s identity card; and

      (b)the inspector does not produce the identity card.

    5. Controller may require information from persons having storage capacity exceeding the prescribed capacity

      (1)The controller may, by notice in writing given to a person who is the occupier of premises on which there are storage facilities for fuel to a capacity exceeding the capacity specified in the notice, require that person to give to the controller, within the period specified in the notice, a notice in writing signed by the occupier and stating—

      (a)the capacity of those storage facilities; and

      (b)the kind or kinds of fuel held in those storage facilities when the notice was signed; and

      (c)the quantity of each kind of fuel so held when the notice was signed; and

      (d)the usual rate of use of each kind of fuel held in those storage facilities; and

      (e) the persons or class of persons who are the usual users of each kind of fuel held in those storage facilities.

      NoteFor how a notice may be served, see the Legislation Act, pt 19.5.

      (2)A person commits an offence if the person does not comply with a requirement made of the person under subsection (1).

      Maximum penalty:  50 penalty units.

      (3)An offence against this section is a strict liability offence.

      (4)The controller may, in a notice under subsection (1), specify a different capacity for storage facilities on residential and commercial premises.

    6. Declaration

      (1)Where there are reasonable grounds for believing—

      (a)that the maintenance of essential services in the ACT is, or is about to be, affected by a reduction of the supply of a fuel to the ACT; or

      (b)that undue hardship is being suffered, or is likely to be suffered, by residents of the ACT by reason of a reduction of the supply of a fuel to the ACT; or

      (c)that undue hardship is being suffered, or is likely to be suffered, by residents of the ACT by reason of difficulties in the distribution of a fuel within the ACT;

      the Minister may, in writing, declare that an emergency exists in relation to that fuel.

      (2)A declaration is a notifiable instrument.

      NoteA notifiable instrument must be notified under the Legislation Act 2001.

      (3)Unless it is sooner repealed, a declaration expires 28 days after the day it is notified under the Legislation Act 2001.

    7. Powers of emergency services commissioner during emergency

      (1)If a declaration under section 11 (1) is in force, the emergency services commissioner may, by written notice given to a person who is carrying on a prescribed business either completely or partly in the ACT, make any 1 or more of the following requirements:

      (a)that the person must not sell a stated declared fuel unless the quantity of that fuel that would remain in storage at the premises, or each of the premises, where the person carries on the business in the ACT exceeds a stated quantity;

      (b)that the person must not sell a stated declared fuel by retail to people other than people approved by the emergency services commissioner;

      (c)that the person must not sell a stated declared fuel by retail to anyone, except on stated days and at stated times;

      (d)that the person must not sell a stated declared fuel by retail to the owner or driver of a motor vehicle on a day unless—

      (i)if the last number on the numberplates attached to the motor vehicle is an even number—the day is an even numbered day of the month; and

      (ii)if the last number on the numberplates attached to the motor vehicle is an odd number—the day is an odd numbered day of the month;

      (e)that the person (the seller) must not refuse to sell a stated declared fuel by retail to anyone who does not operate an account with, or is not a regular customer of, the prescribed business carried on by the seller;

      (f)that the person must not display or exhibit on or near the premises where the person carries on the prescribed business a notice or sign containing the words ‘account customers only’ or ‘regular customers only’, either alone or in combination with any other words, or any other words indicating or implying that the person will sell fuel only to people who operate an account with, or who are regular customers of, the business;

      (g)that the person must not sell a stated declared fuel by wholesale except to the people, and at the times and in the quantities, approved by the emergency services commissioner;

      (h)that the person must not sell, to anyone at one time, a quantity of a stated declared fuel exceeding a stated quantity;

      (i)that the total quantity of a stated declared fuel sold by the person during a stated period must not exceed a stated quantity;

      (j)that the person must not remove a stated declared fuel from the ACT unless the quantity of a stated declared fuel that would remain in storage at the premises, or each of the premises, where the person carries on the business in the ACT exceeds a stated quantity.

      (2)A person commits an offence if the person fails to comply with a requirement made of the person under subsection (1).

      Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

      (3)An offence against this section is a strict liability offence.

    12AController to give information to emergency services commissioner

    (1)This section applies if a declaration under section 11 (1) is in force.

    (2)The controller must give the emergency services commissioner any information required by the commissioner about the storage, supply or use of declared fuel.

    1. Expiration of requirements

      (1)Subject to subsection (2) and unless it is sooner revoked, a requirement made under section 12 (1) ceases to have effect when the declaration under section 11 (1) ceases to be in force.

      (2)Where—

      (a)a declaration under section 11 (1) ceases to be in force; and

      (b) a further declaration under that subsection is made immediately upon the expiration of the firstmentioned declaration in relation to the same fuel;

      a requirement made under section 12 (1) while the firstmentioned declaration was in force remains in force as if it had been made after the secondmentioned declaration was made.

    2. Inspector may inspect vehicle suspected of transporting fuel

      (1)Where there are reasonable grounds for believing that a vehicle is being used, or is so constructed as to be capable of being used, for the transport of fuel, an inspector may—

      (a)inspect the vehicle and any receptacle or equipment on the vehicle; and

      (b)require the driver of the vehicle to inform him or her of—

      (i)the nature of any substance being transported on the vehicle; and

      (ii)the place where the substance was loaded on the vehicle; and

      (iii)the person to whom, and the place at which, the substance is to be delivered.

      (2)For the purpose of inspecting a vehicle under subsection (1), an inspector may—

      (a)require the driver of the vehicle to stop the vehicle; or

      (b)require the driver of the vehicle to remove the vehicle to a place specified by the inspector; or

      (c)require the driver of the vehicle to open any receptacle or equipment on the vehicle; or

      (d)enter, at any reasonable hour of the day or night, any land or premises on which the vehicle is found.

      (3)The driver of a vehicle commits an offence if the driver fails to comply with a requirement made of the driver by an inspector under this section.

      Maximum penalty:  50 penalty units.

      (4)An offence against this section is a strict liability offence.

    3. Control of disposal etc of certain fuel brought into ACT

      (1)A person commits an offence if—

      (a)the person brings declared fuel into the ACT; and

      (b)the person—

      (i)disposes of the fuel in the ACT; or

      (ii)removes the fuel from the ACT; and

      (c)the disposal or removal of the fuel is not in accordance with the directions of the controller.

      Maximum penalty:  50 penalty units.

      (2)This section does not apply in relation to the fuel if a requirement has been made of the person under section 12 in relation to the fuel.

      (3)An offence against this section is a strict liability offence.

    1. Application

      A power conferred on an inspector by section 15—

      (a)may only be exercised while a declaration under section 11 (1) is in force; and

      (b)where a declaration is made in relation to the supply of a fuel specified in the declaration—may be exercised only in respect of the fuel so specified; and

      (c)does not affect the exercise by the controller, the emergency services commissioner or an inspector of a function given under any other provision of this Act.

    2. Information not admissible in evidence

      A statement in a notice given to the controller or any information given to the controller or to an inspector in compliance with a requirement made by the controller or an inspector under this Act is not admissible in evidence in a prosecution for an offence other than for an offence against this Act or against the Criminal Code, part 3.4 (False or misleading statements, information and documents) or section 361 (Obstructing Territory public official).

    3. Regulation-making power

      The Executive may make regulations for this Act.

      NoteRegulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.


    Dictionary

    (see s 2)

    Note 1The Legislation Act contains definitions and other provisions relevant to this Act.

    Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:

    ·     director‑general (see s 163)

    ·     emergency services commissioner

    ·     exercise

    ·     public servant.

    controller means the Controller of Fuels under section 3.

    declared fuel means a fuel in relation to which a declaration under section 11 is in force.

    fuel means petroleum, a petroleum product or a petrochemical.

    inspector means an inspector under section 5.

    petrochemical means a substance, whether in a gaseous, liquid or solid state, but not being a petroleum product, manufactured from any of, or from a mixture of any of, the following substances, that is to say, a petroleum product, petroleum or a petroliferous mineral.

    petroleum means—

    (a)any naturally occurring hydrocarbon, whether in a gaseous, liquid or solid state; or

    (b)any naturally occurring mixture of hydrocarbons, whether in a gaseous, liquid or solid state; or

    (c)any naturally occurring mixture of a hydrocarbon or hydrocarbons, whether in a gaseous, liquid or solid state, and 1 or more of the following, that is to say, hydrogen sulphide, nitrogen, helium and carbon dioxide.

    petroleum product means—

    (a)any hydrocarbon or mixture of hydrocarbons produced by subjecting petroleum to a process of refining or produced from petroliferous minerals; or

    (b)any mixture of a hydrocarbon or hydrocarbons so produced with another substance or other substances.

    prescribed business means a business of selling fuels, whether by wholesale or retail.

    Endnotes

    1. About the endnotes

      Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

      Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

      Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

      If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

      The endnotes also include a table of earlier republications.

    2. Abbreviation key

    A = Act NI = Notifiable instrument
    AF = Approved form o = order
    am = amended om = omitted/repealed
    amdt = amendment ord = ordinance
    AR = Assembly resolution orig = original
    ch = chapter par = paragraph/subparagraph
    CN = Commencement notice pres = present
    def = definition prev = previous
    DI = Disallowable instrument (prev...) = previously
    dict = dictionary pt = part
    disallowed = disallowed by the Legislative r = rule/subrule
    Assembly reloc = relocated
    div = division renum = renumbered
    exp = expires/expired R[X] = Republication No
    Gaz = gazette RI = reissue
    hdg = heading s = section/subsection
    IA = Interpretation Act 1967 sch = schedule
    ins = inserted/added sdiv = subdivision
    LA = Legislation Act 2001 SL = Subordinate law
    LR = legislation register sub = substituted
    LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
    mod = modified/modification or to be expired
    1. Legislation history

      This Act was originally a Commonwealth ordinance—the Fuels Control Ordinance 1979 (Cwlth).

      The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).

      As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989‑21, s 5 on 11 May 1989 (self-government day).

      Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).

      Legislation before becoming Territory enactment

      Fuels Control Act 1979 A1979‑14

      notified 20 June 1979

      commenced 20 June 1979

      as amended by

      Fuels Control (Amendment) Ordinance 1982 Ord1982‑5

      notified 4 March 1982

      commenced 4 March 1982

      Self-Government (Consequential Amendments) Ordinance 1989 Ord1989‑38 sch 1

      notified 10 May 1989 (Cwlth Gaz 1989 No S160)
      s 1, s 2 commenced 10 May 1989 (s 2 (1))
      sch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989 No S164)

      Legislation after becoming Territory enactment

      Statutory Offices (Miscellaneous Provisions) Act 1994 A1994‑97 sch pt 1

      notified 15 December 1994 (Gaz 1994 No S280)
      s 1, s 2 commenced 15 December 1994 (s 2 (1))

      sch pt 1 commenced 15 December 1994 (s 2 (2) and Gaz 1994 No S293)

      Statute Law Revision (Penalties) Act 1998 A1998‑54 sch

      notified 27 November 1998 (Gaz 1998 No S207)
      s 1, s 2 commenced 27 November 1998 (s 2 (1))

      sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)

      Legislation (Consequential Amendments) Act 2001 A2001‑44 pt 160

      notified 26 July 2001 (Gaz 2001 No 30)
      s 1, s 2 commenced 26 July 2001 (IA s 10B)

      pt 160 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

      Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 2 pt 2.39

      notified LR 26 March 2004
      s 1, s 2 commenced 26 March 2004 (LA s 75 (1))

      sch 2 pt 2.39 commenced 9 April 2004 (s 2 (1))

      Criminal Code Harmonisation Act 2005 A2005-54 sch 1 pt 1.23

      notified LR 27 October 2005
      s 1, s 2 commenced 27 October 2005 (LA s 75 (1))
      sch 1 pt 1.23 commenced 24 November 2005 (s 2)

      Emergencies Amendment Act 2005 A2005-56 sch 1 pt 1.1

      notified LR 23 November 2005
      s 1, s 2 commenced 23 November 2005 (LA s 75 (1))
      sch 1 pt 1.1 commenced 24 November 2005 (s 2)

      Administrative (Miscellaneous Amendments) Act 2006 A2006-30 sch 1 pt 1.5

      notified LR 16 June 2006
      s 1, s 2 commenced 16 June 2006 (LA s 75 (1))
      sch 1 pt 1.5 commenced 1 July 2006 (s 2 (1))

      Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.50

      notified LR 22 March 2007
      s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))

      sch 3 pt 3.50 commenced 12 April 2007 (s 2 (1))

      Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.69

      notified LR 30 June 2011
      s 1, s 2 commenced 30 June 2011 (LA s 75 (1))

      sch 1 pt 1.69 commenced 1 July 2011 (s 2 (1))

      as repealed by

      Fuels Rationing Act 2019 A2019-11 s 105 (1)

      notified LR 11 April 2019
      s 1, s 2 commenced 11 April 2019 (LA s 75 (1))
      s 105 (1) commenced 11 October 2019 (s 2 and LA s 79)

    1. Amendment history

      Name of Act

      s 1sub A2007‑3 amdt 3.276

      Dictionary

      s 2defs reloc to dict A2007‑3 amdt 3.277

      sub A2007‑3 amdt 3.278

      Notes

      s 2Ains A2005‑54 amdt 1.156

      Offences against Act—application of Criminal Code etc

      s 2Bins A2005‑54 amdt 1.156

      Controller of Fuels

      s 3sub A1994‑97 sch pt 1; A2007‑3 amdt 3.279

      (2)-(4) exp 12 April 2008 (s 3 (4) (LA s 88 declaration applies))

      am A2011‑22 amdt 1.214

      Delegation by controller

      s 4am Ord1982‑5; Ord1989‑38 sch 1

      sub A1994‑97 sch pt 1; A2007‑3 amdt 3.280

      Inspectors

      s 5sub A1994‑97 sch pt 1; A2007‑3 amdt 3.281

      (3)-(5) exp 12 April 2008 (s 5 (5) (LA s 88 declaration applies))

      am A2011‑22 amdt 1.214

      Identity cards

      s 5Ains A1994‑97 sch pt 1

      am A1998‑54 sch

      sub A2005‑54 amdt 1.157

      (5)-(7) exp 24 November 2005 (s 5A (7))

      am A2011‑22 amdt 1.214

      Person carrying on prescribed business must give controller notice

      s 7am A1998‑54 sch

      sub A2005‑54 amdt 1.158

      Controller may require information

      s 8am A1998‑54 sch

      sub A2005‑54 amdt 1.158

      Powers of inspector

      s 9am Ord1982‑5; A1994‑97 sch pt 1; A1998‑54 sch; A2005‑54 amdt 1.159

      Controller may require information from persons having storage capacity exceeding the prescribed capacity

      s 10am Ord1982‑5; A1998‑54 sch; A2005‑54 amdts 1.160-1.162

      Declaration

      s 11am A2001‑44 amdt 1.1862, amdt 1.1863

      Powers of emergency services commissioner during emergency

      s 12 hdgsub A2005‑56 amdt 1.1

      s 12am Ord1982‑5; A1998‑54 sch; pars renum R3 LA; A2005‑54 amdt 1.163; A2005‑56 amdt 1.2

      sub A2006‑30 amdt 1.63

      Controller to give information to emergency services commissioner

      s 12Ains A2005‑56 amdt 1.3

      sub A2006‑30 amdt 1.63

      Powers of inspector

      s 14om Ord1982‑5

      Inspector may inspect vehicle suspected of transporting fuel

      s 15am A1998‑54 sch; A2005‑54 amdt 1.164

      Control of disposal etc of certain fuel brought into ACT

      s 16am A1998‑54 sch

      sub A2005‑54 amdt 1.165

      am A2005‑56 amdt 1.4

      Application

      s 17am A2005‑56 amdt 1.5; A2006‑30 amdt 1.64

      Obstruction of controller or an inspector

      s 18am A1998‑54 sch

      om A2004‑15 amdt 2.87

      Service of notices

      s 19am Ord1982‑5

      om A2005‑54 amdt 1.166

      Information not admissible in evidence

      s 20orig s 20 am Ord1989‑38 sch

      sub as s 21 A2001‑44 amdt 1.1864

      pres (prev s 19A) ins Ord1982‑5

      renum A2001‑44 amdt 1.1865

      am A2004‑15 amdt 2.88

      Regulation-making power

      s 21ins A2001‑44 amdt 1.1864

      Dictionary

      dictins A2007‑3 amdt 3.282

      am A2011‑22 amdt 1.215

      def controller sub A1994‑97 sch pt 1

      reloc from s 2 A2007‑3 amdt 3.277

      def declared fuel reloc from s 2 A2007‑3 amdt 3.277

      def fuel reloc from s 2 A2007‑3 amdt 3.277

      def inspector sub A1994‑97 sch pt 1

      reloc from s 2 A2007‑3 amdt 3.277

      def petrochemical reloc from s 2 A2007‑3 amdt 3.277

      def petroleum reloc from s 2 A2007‑3 amdt 3.277

      def petroleum product reloc from s 2 A2007‑3 amdt 3.277

      def prescribed business reloc from s 2 A2007‑3 amdt 3.277

    2. Earlier republications

      Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

      Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

    Republication No Amendments to Republication date
    1 Ord1989‑38 31 July 1991
    2 A1998‑54 31 March 1999
    3 A2001‑44 14 January 2002
    4 A2004‑15 9 April 2004
    5 A2005‑56 24 November 2005
    6 A2005‑56 25 November 2005
    7 A2006‑30 1 July 2006
    8 A2007‑3 12 April 2007
    9 A2007‑3 13 April 2008
    10 A2011‑22 1 July 2011
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