Petroleum Products Pricing Amendment Regulations 2001 (WA)

11 July 2001 GOVERNMENT GAZETTE, WA 3459

Petroleum Products Pricing Act 1983

Petroleum Products Pricing Amendment

Regulations 2001

Made by the Lieutenant-Governor and deputy of the Governor in
Executive Council.

1.             Citation

These regulations may be cited as the Petroleum Products
Pricing Amendment Regulations 2001.

2.             Commencement

These regulations come into operation on 12 July 2001.

3.             The regulations amended

The amendments in these regulations are to the Petroleum
Products Pricing Regulations 2000*.

[* Published in Gazette 29 December 2000, p. 7981-5.

For amendments to 4 July 2001 see 2000 Index to Legislation of Western Australia, Table 4, p. 252.]

4.             Part heading inserted

Before regulation 1, the following heading is inserted —

“ Part 1 — Preliminary ”.

5.             Part and Division headings inserted

After regulation 2, the following headings are inserted —

“

Part 2 — Special provisions about motor fuel

Division 1 — Retail sale

”.

6.             Regulations 5 and 6 inserted

After regulation 4 the following regulations are inserted —

“

5.             Places where regulation 6 applies

Regulation 6 applies to a place that is in the local government district of Albany.

3460 GOVERNMENT GAZETTE, WA 11 July 2001

6.             Retailer to display standard retail prices

(1) A person who, after 18 July 2001, offers motor fuel for
standard retail sale at a place where this regulation
applies is required to have, at the place of sale, a price
display as described in this regulation.
Penalty: in the case of an individual, $1 000 and, in the

case of a body corporate, $2 000.

(2) The price display has to show —

(a)	whenever not more than 3 kinds of motor fuel are currently offered for standard retail sale at the place, the standard retail price for each of those kinds of motor fuel;
(b)	whenever more than 3 kinds of motor fuel are currently offered for standard retail sale at the place —

(i)      if regular unleaded petrol is one of them, the standard retail prices for regular unleaded petrol and any other 2 of those kinds of motor fuel;

(ii)      if regular unleaded petrol is not one of them, the standard retail prices for any 3 of those kinds of motor fuel.

(3)	The price display has to be in a suitable position, and if necessary sufficiently illuminated, to enable each price shown and the description of the kind of motor fuel to which the price applies to be clearly legible to passing motorists whenever the motor fuel is offered for
standard retail sale.
(4)	The price display may consist of more than one sign or other thing.
(5)	Subregulation (1) does not apply to a place of sale while it is exempt under subregulation (6) from the requirements of this regulation.
(6)	The Commissioner may, by order published in the Gazette —

(a) if satisfied that there are exceptional apply, exempt a particular place of sale from the requirements of this regulation for a specified period or until the exemption is revoked;
circumstances because of which the

(b) revoke an exemption under paragraph (a), whether it was given for a specified period or not.

11 July 2001 GOVERNMENT GAZETTE, WA 3461

(7) In this regulation —
“regular unleaded petrol” means petrol sold as

regular unleaded petrol (91 to 93 RON), however
described;

“standard retail sale” means retail sale not subject to an existing agreement or arrangement between the customer and the retailer.

”.

7.             Division 2 inserted

Before Schedule 1, the following Division is inserted —

“

Division 2 — Before retail sale

7.             How to notify Commissioner of price changes

If section 22B(3) of the Act requires a supplier to notify the Commissioner of a price change, the way in which notification is to be given is by directly uploading information about the price change using the Commissioner’s Fuel Watch website at the address on the internet.

8.             Previous month’s weighted average price

The weighted average price for a particular kind of
motor fuel supplied from a declared terminal during the
previous month, which section 22C of the Act requires
to be displayed, is calculated (to the nearest
0.1 cent/litre) by using the formula:

n	t
∑=	( P n × V n )
n	=	1

A =

T v

where —

“A” is the weighted average price in cents/litre

“t” is the total number of transactions used to calculate

the weighted average price

“Pn” is the price in cents/litre for the n th transaction

used to calculate the weighted average price

“Vn” is the volume in litres of the n th transaction used

to calculate the weighted average price

“Tv” is the total volume in litres of all the transactions

used to calculate the weighted average price

9.             Details of price differences

(1) If section 22E(2) of the Act requires that an invoice for
a supply of motor fuel from a declared terminal show

3462 GOVERNMENT GAZETTE, WA 11 July 2001

details as to the difference between the displayed price
and the maximum price fixed by an order under
section 12 of the Act for another declared terminal, the
details to be shown are a description of each
component of each of those prices that the supplier
considers contributes to the difference, and the amount

of each of those components.

(2)	A component needs to be described with sufficient particularity to clearly identify the expense or other item concerned.
(3)	The amounts attributed to the components identified need to be expressed in terms that enable their cumulative effect to be readily quantified.

10.           Notifying Commissioner of price differences

(1)	Details that section 22E(4) of the Act requires a supplier to give to the Commissioner are to be given by directly uploading those details using the Commissioner’s Fuel Watch website at the address on the internet.
(2)	Details relating to supplies made during a particular calendar month are to be given within a period of 14 days after the end of that month.
(3)	In subregulation (2) — “calendar month” means January, February, or any of

the 10 other named months of the calendar year.

”.

8.             Defence during transitional period

(1)	It is a defence to a charge of an offence against regulation 6(1) of the Petroleum Products Pricing Regulations 2000 that was alleged to have been committed during the transitional period to
prove that the person charged did not have any sign or other thing that the person would have needed to be able to comply with regulation 6 of those regulations despite the person having taken all reasonable steps to ensure that everything needed was available.
(2)	In subregulation (1) — “transitional period” means the period of 30 days beginning

on 19 July 2001.

By Command of the Lieutenant-Governor and deputy of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.