Petroleum Retail Marketing Sites Regulations 1981 (Cth)

Petroleum Retail Marketing Sites Regulations 1981

Statutory Rules 1981 No. 89 as amended

made under the

Petroleum Retail Marketing Sites Act 1980

This compilation was prepared on 4 April 2006

taking into account amendments up to SLI 2006 No. 73

Prepared by the Office of Legislative Drafting and Publishing,

Attorney-General’s Department, Canberra

Contents

    1Name of regulations [see Note 1]

 These regulations are the Petroleum Retail Marketing Sites Regulations 1981.

2Interpretation

• (1)

  In these Regulations, the Act means the Petroleum Retail Marketing Sites Act 1980.

• (2)

  A reference in these Regulations to a form by number shall be read as a reference to the form so numbered in Schedule 2.

4Specified numbers of retail sites

• (1)

  For the purposes of subsection 10 (2) of the Act, the number of retail sites specified in relation to a prescribed oil company specified in column 2 in an item in Schedule 1 is, in relation to a month, the number specified in column 3 in that item.

4AAppropriate forms for the purposes of subsections 11 (1), (1A), (2), (3) and (4) of the Act

• (1)

  For the purposes of subsection 11 (1) of the Act, the appropriate form is Form 1.

• (2)

  For the purposes of subsection 11 (1A) of the Act, the appropriate form is Form 2.

• (3)

  For the purposes of subsections 11 (2) and (4) of the Act, the appropriate form is Form 3.

• (4)

  For the purposes of subsection 11 (3) of the Act, the appropriate form is Form 4.

5Fees

• (1)

  The amount payable for each inspection of a statement lodged under a provision of section 11 of the Act is $2.50.

• (2)

  The amount payable for each copy of, or extract from, a statement lodged under a provision of section 11 of the Act is 20 cents.

Schedule 1Specified numbers of retail sites

(regulation 4)

  

Column 1 Item	Column 2 Prescribed oil company	Column 3 Number of retail sites in relation to a month
1	Australian Petroleum Pty Ltd	136
2	BP Australia Holdings Limited	87
3	Mobil Oil Australia Limited	87
4	Shell Australia Limited	114

Schedule 2Forms

Form 1

(subregulation 4A (1))

Commonwealth of Australia

Petroleum Retail Marketing Sites Act 1980

STATEMENT IN RESPECT OF RETAIL SITE OPERATED DURING JANUARY 19

Name of prescribed oil company:

Name of corporation that operated retail site during the month Particulars of situation of retail site Specify whether the corporation owned, or was a lessee or licensee in respect of, the site on any day or days during the month Specify whether motor fuel was sold by retail during the month at the site by or on behalf of the corporation or by a person under an agreement of the kind to which subparagraph 7 (1) (b) (ii) of the Act applies to which the corporation is a party Specify whether, during the month, the site was a diesel fuel site or a site temporarily operated In the case of a site temporarily operated, specify the circumstances by reason of which it was to be taken to be temporarily operated

Form 2

(subregulation 4A (2))

STATEMENT THAT NO RETAIL SITE WAS OPERATED DURING JANUARY 19

Name of prescribed oil company:

 * The above-named company is not a member of a group of prescribed corporations. No retail sites were operated by the company during January 19

 * The above-named company is a member of a group of prescribed corporations. No member of the group of prescribed corporations of which the company is a member operated any retail sites during January 19

* Omit if inapplicable.

Form 3

(subregulation 4A (3))

Commonwealth of Australia

Petroleum Retail Marketing Sites Act 1980

STATEMENT IN RESPECT OF OPERATION OF RETAIL SITE DURING THE MONTH OF (1) 19

Name of prescribed oil company:

Name of corporation that operated retail site during the month Particulars of situation of retail site Specify whether the corporation owned, or was a lessee or licensee in respect of, the site on any day or days during the month Specify whether motor fuel was sold by retail during the month at the site by or on behalf of the corporation or by a person under an agreement of the kind to which subparagraph 7 (1) (b) (ii) of the Act applies to which the corporation is a party Specify whether, during the month, the site was a diesel fuel site or a site temporarily operated In the case of a site temporarily operated, specify the circumstances by reason of which it was to be taken to be temporarily operated

(1) Insert the name of the month, other than January, during which site was operated.

Form 4

(subregulation 4A (4))

Commonwealth of Australia

Petroleum Retail Marketing Sites Act 1980

STATEMENT UNDER SUBSECTION 11 (3) IN RESPECT OF RETAIL SITE NOT OPERATED BY CORPORATION

The retail site situated at............................................... as not operated by—

 * (name of prescribed oil company)

 * (name of member of group of prescribed corporations), being a member of a group of prescribed corporations one of which is (name of prescribed oil company)

during the month of........................................... 19.....................

* Strike out whichever is inapplicable.

Notes to the Petroleum Retail Marketing Sites Regulations 1981

Note 1

The Petroleum Retail Marketing Sites Regulations 1981 (in force under the Petroleum Retail Marketing Sites Act 1980 ) as shown in this compilation comprise Statutory Rules 1981 No. 89 amended as indicated in the Tables below.

Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non-exempt legislative instruments to be registered on the Federal Register of Legislative Instruments.  From 1 January 2005 the Statutory Rules series ceased to exist and was replaced with Select Legislative Instruments (SLI series). Numbering conventions remain the same, ie Year and Number.

For all relevant information pertaining to application, saving or transitional provisions see Table A.

Table of Instruments

Year and number	Date of notification in Gazette or FRLI registration	Date of commencement	Application, saving or transitional provisions
1981 No. 89	6 May 1981	6 May 1981
1981 No. 264	17 Sept 1981	17 Sept 1981	—
1982 No. 229	17 Sept 1982	R. 1: 19 Sept 1982 Remainder: 17 Sept 1982	—
1983 No. 60	18 May 1983	18 May 1983	—
1983 No. 346	30 Dec 1983	30 Dec 1983	—
1984 No. 114	22 June 1984	22 June 1984	—
1985 No. 6	1 Feb 1985	1 Feb 1985	—
1988 No. 222	7 Sept 1988	1 Nov 1988	—
1990 No. 98	23 May 1990	23 May 1990	—
1990 No. 232	12 July 1990	12 July 1990	—
1991 No. 46	28 Mar 1991	28 Mar 1991	—
1991 No. 72	30 Apr 1991	1 May 1991	—
1992 No. 52	28 Feb 1992	1 Mar 1992	—
1994 No. 40	11 Mar 1994	R. 4.3: 1 Sept 1994 Remainder: 1 June 1993	—
1995 No. 234	25 July 1995	Rr. 3 and 4: 1 June 1995 Remainder: 25 July 1995	R. 5
1995 No. 235	25 July 1995	1 Aug 1995	—
1997 No. 211	13 Aug 1997	Rr. 3.1 and 3.2: 1 Apr 1996 R. 3.3: 1 Aug 1997 R. 3.4: 1 Oct 1997 Remainder: 13 Aug 1997	R. 4 R. 3 (Note) (as am. by 1997 No. 355)
as amended by
1997 No. 355	15 Dec 1997	(see 1997 No. 355 below)	R. 5
1997 No. 355	15 Dec 1997	R. 3: 1 Aug 1997 R. 4: 1 Jan 1998 Remainder: 15 Dec 1997	R. 5
as amended by
1998 No. 140	25 June 1998	(see 1998 No. 140 below)	R. 5
1998 No. 140	25 June 1998	R. 3: 1 Jan 1998 R. 4: 1 July 1998 Remainder: 25 June 1998	R. 5
1999 No. 49	24 Mar 1999	R. 3 and Schedule 1: 1 July 1998 Schedule 2 (item 2): 1 July 1999 Remainder: 24 Mar 1999	R. 5
1999 No. 163 (a)
2006 No. 73	3 Apr 2006 (see F2006L00991)	4 Apr 2006	—

(a) Statutory Rules 1999 No. 163 were disallowed by the Senate on 23 September 1999.

Table of Amendments

ad. = added or inserted  am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
R. 1.........................................	rs. 1999 No. 49
R. 2.........................................	am. 1985 No. 6
R. 3.........................................	rs. 1985 No. 6
am. 1990 No. 98; 1991 No. 72
rs. 1995 No. 234
rep. 2006 No. 73
R. 4.........................................	rs. 1985 No. 6; 1988 No. 222
am. 1990 No. 232; 1991 No. 46; 1992 No. 52; 1994 No. 40
R. 4A.......................................	ad. 1985 No. 6
R. 6.........................................	ad. 1981 No. 264
rs. 1982 No. 229; 1983 Nos. 60 and 346; 1984 No. 114
rep. 1985 No. 6
Schedule................................	rep. 1985 No. 6
Schedule 1
Schedule 1.............................	ad. 1985 No. 6
rs. 1988 No. 222
am. 1990 No. 98; 1991 No. 72
rs. 1992 No. 52
am. 1994 No. 40; 1995 No. 234
rs. 1995 No. 235
am. 1997 No. 211 (as am. by 1997 No. 355); 1997 No. 355 (as am. by 1998 No. 140)
Schedule 2
Schedule 2.............................	ad. 1985 No. 6

Table AApplication, saving or transitional provisions

Statutory Rules 1995 No. 234

5Savings

• 5.1

  The amendments set out in regulations 3 and 4 do not affect a right of a person under section 12 of the Act (other than a right of the Commonwealth or an authority of the Commonwealth) during the period commencing on 1 June 1995 and ending on the date of the commencement of this regulation.

  Statutory Rules 1997 No. 211 (as am. by SR 1999 No. 355)

3Schedule 1 (Specified numbers of retail sites)

• 3.4

Note   The changes made by subrs. 3.1 and 3.2 to items 2 and 3 in Schedule 1 are taken to have commenced on 1 April 1996 (see subr. 1.1). These changes are of limited duration. Item 2 is changed again after 31 July 1997: see subrs. 1.2 and 3.3; item 3 reverts to its previous provisions after 30 September 1997: see subrs. 1.3 and 3.4.

4Application

• 4.1

  In spite of subregulation 1.1, the amendments made by subregulations 3.1, 3.2 and 3.3 are taken not to affect a right of a person (other than the Commonwealth or an authority of the Commonwealth) under section 12 of the Petroleum Retail Marketing Sites Act 1980 during the period commencing on 1 April 1996 and ending immediately before the date of commencement of this regulation.

Statutory Rules 1997 No. 355

5Application

• 5.1

  In spite of subregulation 1.1, the amendment made by regulation 3 is taken not to affect a right of a person (other than the Commonwealth or an authority of the Commonwealth) under section 12 of the Petroleum Retail Marketing Sites Act 1980 during the period commencing on 1 August 1997 and ending immediately before the commencement of this regulation.

Statutory Rules 1998 No. 140

5Application

• 5.1

  Despite subregulation 1.1, the amendment made by regulation 3 is taken not to affect a right of a person (other than the Commonwealth or an authority of the Commonwealth) under section 12 of the Petroleum Retail Marketing Sites Act 1980 during the period commencing on 1 January 1998 and ending immediately before the commencement of this regulation.

Statutory Rules 1999 No. 49

5Application

 Despite subregulation 2 (1), the amendment made by regulation 3 does not affect a right of a person (other than the Commonwealth or an authority of the Commonwealth) under section 12 of the Petroleum Retail Marketing Sites Act 1980 during the period beginning on 1 July 1998 and ending immediately before the commencement of this regulation.