Trade Measurement Amendment (Fuel) Regulation 2003 (NSW)
2003 No 208
New South Wales
Trade Measurement Amendment (Fuel)
Regulation 2003
under the
Trade Measurement Act 1989
Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Trade Measurement Act 1989.
JOHN AQUILINA, M.P., Minister for Fair Trading
Explanatory note
The object of this Regulation is to amend the Trade Measurement Regulation 2002 to require the volume of petrol or diesel fuel sold by wholesale to be calculated by reference to its volume at a specified temperature.
This Regulation is made under the Trade Measurement Act 1989, including section 80
(the general regulation-making power).
| Published in Gazette No 54 of 28 February 2003, page 3553 | Page 1 |
| 2003 No 208 | |
| Clause 1 | Trade Measurement Amendment (Fuel) Regulation 2003 |
Trade Measurement Amendment (Fuel) Regulation 2003
under the
Trade Measurement Act 1989
1 Name of Regulation
This Regulation is the Trade Measurement Amendment (Fuel)
Regulation 2003.
2 Commencement
This Regulation commences on 1 March 2003.
3 Amendment of Trade Measurement Regulation 2002
The Trade Measurement Regulation 2002 is amended as set out in
Schedule 1.
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| Amendment | Schedule 1 |
| Schedule 1 Amendment |
(Clause 3)
Clause 92A
Insert after clause 92:
92A Regulation of sale of fuel by reference to measurement by
volume
(1)
A person must not sell fuel by reference to the measurement of its volume unless the sale is at a price determined by reference to the volume of the fuel as measured by the litres the fuel occupies, or would occupy, at a temperature of 15° C.
Maximum penalty: $2,000.
(2) However, subclause (1) does not apply to any of the following
sales of fuel:
(a) a retail sale, (b) a wholesale sale if: (i) the wholesale sale happens immediately before, or at the same time as, a retail sale of the fuel, and
(ii) thevolumeofthefuel,asmeasuredforthe wholesale sale, is the same as the volume of the fuel as measured for the retail sale,
(c) a wholesale sale if:
(i) before the wholesale sale the fuel:
(A) was moved, in any way, from a primary storage facility to a fixed storage facility at another location, and (B) was unloaded into the fixed storage facility for further distribution or for further sale and distribution, and (ii) for the movement, the fuel was measured by reference to the volume of the fuel as measured by the litres the fuel occupies, or would occupy, at a temperature of 15° C,
(d) a wholesale sale (the relevant sale) if:
(i)
the relevant sale happens immediately before or after, or at the same time as, another wholesale sale of the fuel, and
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(ii) before the relevant sale the fuel:
(A)
was moved, in any way, from a primary storage facility to a fixed storage facility at another location, and
(B)
was unloaded into the fixed storage facility for further distribution or for further sale and distribution,
(e) a wholesale sale if:
(i) before the wholesale sale the fuel:
(A) was moved, in any way, from a primary storage facility to a fixed storage facility at another location, and (B) was unloaded into the fixed storage facility for further distribution or for further sale and distribution, and (ii) after the fuel was at the primary storage facility but before the wholesale sale, the fuel was not the subject of another sale.
(3) In this clause: business entity means an entity that operates a business, other
than a fuel business.cooperative entity includes an entity that is a buying group for
its members.diesel fuel means any fuel commonly known as diesel, diesel oil, distillate, automotive diesel fuel, automotive diesel oil or automotive distillate.
fixed storage facility means a facility, other than a primary storage facility, at which fuel is unloaded and from which fuel is reloaded for further distribution or further sale and distribution.
fuel means petrol, or diesel fuel, that a person would reasonably consider is ultimately intended for automotive consumption.
primary storage facility means:
(a) an oil refinery, or (b) a shipping facility, or
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(c)
a facility connected by product transfer pipeline to an oil refinery or to a shipping facility, or
(d)
a facility connected by product transfer pipeline to a facility mentioned in paragraph (c).
retail sale, of fuel, means a sale to any of the following:
(a)
anentitythatpurchasesthefuelonlyforitsown consumption,
(b)
a business entity that purchases the fuel only for 1 or both of the following purposes:
(i) for its own consumption, (ii)
forresaletoitsstafforcontractorsfor consumption by the purchasing staff or contractors,
(c)
a cooperative entity that purchases the fuel only for resale to its members for consumption by the purchasing members.
shipping facility means a facility where fuel may be supplied
by ship.
BY AUTHORITY
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