Trade Measurement (Fuel Measurement) Regulations 2002 (Vic)

Trade Measurement (Fuel Measurement)

Regulations 2002

S.R. No. 112/2002

TABLE OF PROVISIONS

Regulation Page

1.	Objective	1
2.	Authorising provisions	1
3.	Commencement	1
4.	New Division 2 inserted in Part 5	2
Division 2—Sale of fuel by reference to measurement by
volume	2

93A.	Regulation of sale of fuel by reference to measurement
by volume 2

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ENDNOTES 6

i

STATUTORY RULES 2002

S.R. No. 112/2002

Trade Measurement Act 1995

Trade Measurement (Administration) Act 1995

Trade Measurement (Fuel Measurement)

Regulations 2002

The Governor in Council makes the following Regulations:
Dated: 29 October 2002

Responsible Minister:

MARSHA THOMSON

Minister for Small Business

HELEN DOYE

Clerk of the Executive Council

1. Objective

The objective of these Regulations is to amend the Trade Measurement Regulations 19951 to regulate the sale of fuel by reference to the measurement of its volume in certain circumstances.

2. Authorising provisions

These Regulations are made under section 80 of the Trade Measurement Act 1995 and section 25 of the Trade Measurement (Administration) Act 1995.

3. Commencement

These Regulations come into operation on
1 December 2002.

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4. New Division 2 inserted in Part 5

After Division 1 of Part 5 of the Trade

Measurement Regulations 1995 insert—

'Division 2—Sale of fuel by reference to

measurement by volume

93A. 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.

Penalty: 20 penalty units.

(2) However, sub-regulation (1) does not apply

to 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)  the volume of the fuel, as measured for the 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

Trade Measurement (Fuel Measurement) Regulations 2002

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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

(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

Trade Measurement (Fuel Measurement) Regulations 2002

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S.R. No. 112/2002

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 regulation—

"business entity" means an entity that

operates a business, other than a fuel

business;

"co-operative 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 or to a shipping facility; or

(d) transfer pipeline to a distribution

a facility connected by product paragraph (c);

"retail sale", of fuel, means a sale to any of

the following—

(a)	an entity that purchases the fuel only for its own consumption;
(b)	a business entity that purchases the fuel only for 1 or both of the following purposes—

(i) for its own consumption;

(ii) contractors for consumption

for resale to its staff or contractors;

(c) a co-operative 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.'.

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Trade Measurement (Fuel Measurement) Regulations 2002

Endnotes

S.R. No. 112/2002

ENDNOTES

1 Reg. 1: S.R. No. 194/1995 as amended by S.R. No. 53/2002.