Petroleum Products Pricing (Maximum Wholesale Price) Order (No. 2) 2001 (WA)

Western Australia

Petroleum Products Pricing (Maximum Wholesale Price) Order (No. 2) 2001

Western Australia

Petroleum Products Pricing (Maximum Wholesale Price) Order (No. 2) 2001

CONTENTS

• Citation

  1.                                                                                             1

• Definitions

  2.                                                                                        1

• Maximumwholesalepriceofcontrolledmotorfuels—metropolitanterminals

  3.                             1

• Maximumwholesalepriceofcontrolledmotorfuels—non‑metropolitanterminals

  4.                      2

• Calculatingandnotifyingmaximumwholesaleprice

  5.                            2

• Revocation

  6.                                                                                        3

Schedule 1 — Controlled terminals (metropolitan) 4

Schedule 2 — Controlled terminals (non-metropolitan) 5

Schedule 3 — Maximum wholesale price formula 6

• Interpretation

  1.                                                                                     6

• Maximumwholesalepriceformula

  2.                                                     7

Notes

• Compilationtable

  8

             

Petroleum Products Pricing Act 1983

Petroleum Products Pricing (Maximum Wholesale Price) Order (No. 2) 2001

1.Citation

This order may be cited as the Petroleum Products Pricing (Maximum Wholesale Price) Order (No. 2) 2001.

2.Definitions

In this order —

“cents” means cents of an Australian dollar;

“controlled motor fuel” means, while it is a declared petroleum product —

• (a)

  regular unleaded petrol (91 to 93 RON);

• (b)

  premium unleaded petrol (95 to 96 RON);

• (c)

  lead replacement petrol (96 RON); or

• (d)

  diesel fuel;

“controlled terminal” means a terminal specified in Schedule 1 or 2;

“supplier” means a person who supplies a controlled motor fuel to a reseller;

“terminal” has the same meaning as it has in Part IIIA Division 1 of the Act.

3.Maximum wholesale price of controlled motor fuels – metropolitan terminals

The maximum price at which a controlled motor fuel may be sold from a terminal specified in Schedule 1 to a reseller who —

• (a)

  is not the subject of any agreement or arrangement affecting price; and

• (b)

  takes delivery of the controlled motor fuel at the terminal,

is the base price that results from applying the formula set out in Schedule 3 clause 2.

4.Maximum wholesale price of controlled motor fuels – non‑metropolitan terminals

• (1)

  The maximum price at which a controlled motor fuel may be sold from a terminal specified in Schedule 2 to a reseller who —

  • (a)

    is not the subject of any agreement or arrangement affecting price; and

  • (b)

    takes delivery of the controlled motor fuel at the terminal,

is the sum of the base price that results from applying the formula set out in Schedule 3 clause 2 and the additional amount under subclause (2).

• (2)

  The additional amount under this subclause for a controlled motor fuel supplied at a terminal specified in Schedule 2 column 1 is the amount per litre of the controlled motor fuel specified opposite the terminal in Schedule 2 column 2.

5.Calculating and notifying maximum wholesale price

• (1)

  A supplier of controlled motor fuel from a controlled terminal is required, not later than 4 p.m. on each day, to calculate, and notify the Commissioner of, the amount, in cents per litre, of the maximum price under clause 3 or 4 for each kind of controlled motor fuel if it were to be delivered at the terminal on the following day.

• (2)

  The notification is required to be given by —

  • (a)

    a message given by calling the telephone number: [phone]; or

  • (b)

    a message sent to the email address: [email protected].

• (3)

  A price for a particular kind of controlled motor fuel is not required to be calculated and notified for a day on which no controlled motor fuel of that kind is to be delivered at the terminal if the supplier notifies the Commissioner, not later than 4 p.m. on the day on which the notification would otherwise be required, that no controlled motor fuel of that kind is to be delivered at the terminal on the following day.

• (4)

  In this clause —

“kind of controlled motor fuel” means controlled motor fuel that is of a particular kind of motor fuel, as defined in Part IIIA Division 1 of the Act.

6.Revocation

The Petroleum Products Pricing (Maximum Wholesale Price) Order 2001 is revoked.

Schedule 1 — Controlled terminals (metropolitan)

[cl. 2, 3]

BP Australia Limited, Abernethy Road, Kewdale

BP Australia Limited, Swan Street, North Fremantle

Caltex Australia Limited, Bracks Street, North Fremantle

Gull Petroleum (WA) Pty Ltd, Kwinana Beach Road, Kwinana

Mobil Oil Australia Pty Ltd, Kwinana Beach Road, Kwinana

The Shell Company of Australia Limited, Bracks Street, North Fremantle

Schedule 2 — Controlled terminals (non-metropolitan)

[cl. 2, 4]

Column 1 Terminal	Column 2 Additional amount
BP Australia Limited, Port Drive, Broome	0.7 cents per litre
BP Australia Limited, Gladstone Street, Esperance	0.9 cents per litre
BP Australia Limited, Shenton Street, Geraldton	0.9 cents per litre
BP Australia Limited, Wilson Street, Port Hedland	1.0 cents per litre
Caltex Australia Limited, Brunswick Road, Albany	0.9 cents per litre
Caltex Australia Limited, Shenton Street, Geraldton	0.9 cents per litre
Caltex Australia Limited, Weston Street, Port Hedland	1.0 cents per litre
The Shell Company of Australia Limited, Brunswick Road, Albany	0.9 cents per litre
The Shell Company of Australia Limited, Port Drive, Broome	0.7 cents per litre
The Shell Company of Australia Limited, Brazier Street, Esperance	0.9 cents per litre
The Shell Company of Australia Limited, Augustus Street, Geraldton	0.9 cents per litre

Schedule 3 — Maximum wholesale price formula

[cl. 3, 4]

1. Interpretation

• (1)

  In this Schedule —

“E”, in the definition of “SP”, means the value, in United States dollars, of one Australian dollar on the relevant day according to the exchange rate published by the Reserve Bank of Australia as the representative midpoint rate determined by the Reserve Bank of Australia at 4 p.m. Eastern Standard Time on the relevant day or, if that rate is not published by the Reserve Bank of Australia, the corresponding published rate for the most recent day before the relevant day;

“EXE” means the rate, in cents per litre, of duty imposed on a controlled motor fuel under the Excise Tariff Act 1921 of the Commonwealth;

“F” means the Worldscale 100 freight rate to Fremantle, expressed in cents per litre, adjusted on the relevant day by the average freight rate assessment (AFRA) for medium range vessels;

“GST” has the same meaning as it has in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth, and is expressed in cents per litre;

“IW” means the rate of 0.40 cents per litre, relating to insurance and wharfage costs;

“MOPS”, in the definition of “P”, stands for Mean of Platts, and it means the average of the low PSPAP and the high PSPAP for the controlled motor fuel concerned for the day concerned;

“P”, in the definition of “SP”, means, in relation to a controlled motor fuel, the amount that is the average of the MOPS, expressed in United States dollars per barrel, for the 7 most recent days for which the PSPAP are published before the relevant day for the controlled motor fuel;

“Platts”, in the definition of “PSPAP”, means the petroleum products and energy market reporting company known by that name;

“PSPAP” means the daily Platts Singapore Product Assessment Prices that are published by Platts;

“relevant day”, in relation to a controlled motor fuel, means the second-last day before the day on which the controlled motor fuel is delivered at a controlled terminal;

“QA” means the rate of 0.85 cents per litre, relating to the quality adjustment to Western Australian specifications;

“SP” means the Singapore standard FOB price of a controlled motor fuel, expressed in cents per litre, determined by the formula — ;

“T” means the rate of 2.5 cents per litre, relating to terminal costs and wholesale margin.

• (2)

  A reference in this Schedule to the PSPAP published for a controlled motor fuel specified in column 1 of the Table to this subclause means the PSPAP published —

  • (a)

    for the petroleum product specified opposite the controlled motor fuel in column 2 of that Table; or

  • (b)

    if the PSPAP are no longer published for that petroleum product — for the petroleum product that most closely approximates that petroleum product.

Table

Column 1 Controlled motor fuel	Column 2Petroleum product for which PSPAP are published
Regular unleaded petrol (91 to 93 RON)	Mogas 92
Premium unleaded petrol (95 to 96 RON)	Mogas 95
Lead replacement petrol (96 RON)	Mogas 97
Diesel fuel	Gasoil 0.05% Sulphur

2. Maximum wholesale price formula

The base price referred to in clauses 3 and 4 for a controlled motor fuel delivered on a particular day is the sum of —

SP + F + QA + IW + T + EXE + GST.

Notes

1         This is a compilation of the Petroleum Products Pricing (Maximum Wholesale Price) Order (No. 2) 2001 and includes the amendments made by the other written laws referred to in the following table.

Compilation table

Citation	Gazettal	Commencement
Petroleum Products Pricing (Maximum Wholesale Price) Order (No. 2) 2001	12 Apr 2001 p. 2117-23	12 Apr 2001