Untitled document

Petroleum Products (Terminal Gate Pricing) (Amendment) Regulations 2005

S.R. No. 91/2005

TABLE OF PROVISIONS

Regulation  Page

1.Objective

2.Authorising provision

3.Commencement

4.Principal Regulations

5.Objectives

6.New regulation 6 substituted and regulation 6A inserted

6.Exemption from requirement to supply

6A.Notice requirements

7.Record keeping

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ENDNOTES

STATUTORY RULES 2005

S.R. No. 91/2005

Petroleum Products (Terminal Gate Pricing) Act 2000

Petroleum Products (Terminal Gate Pricing) (Amendment) Regulations 2005

The Governor in Council makes the following Regulations:

Dated: 27 July 2005

Responsible Minister:

MARSHA THOMSON
Minister for Consumer Affairs

RUTH LEACH

Clerk of the Executive Council

1.Objective

The objective of these Regulations is to amend the Petroleum Products (Terminal Gate Pricing) Regulations 2001 to—

(a)exempt declared suppliers from the requirement to supply declared classes of petroleum products if there is a shortfall in the availability of those products; and

(b)update the records that declared suppliers must keep.

2.Authorising provision

These Regulations are made under section 13 of the Petroleum Products (Terminal Gate Pricing) Act 2000.

3.Commencement

These Regulations come into operation on 1 August 2005.

4.Principal Regulations

In these Regulations, the Petroleum Products (Terminal Gate Pricing) Regulations 2001[1] are called the Principal Regulations.

5.Objectives

For regulation 1(b) of the Principal Regulations substitute—

"(b)to exempt declared suppliers from the requirement to supply declared classes of petroleum products if there is a shortfall in the availability of those products and provide for a notice to be given in respect of a shortfall;".

6.New regulation 6 substituted and regulation 6A inserted

For regulation 6 of the Principal Regulations substitute—

"6.Exemption from requirement to supply

A declared supplier is exempt from compliance with section 9(1) of the Act if, at the time the distributor or retailer requests supply—

(a)the supplier has a shortfall in the availability of that class of petroleum products; and

(b)to comply with the request would hinder the supplier's ability to fulfil existing contracts for the supply of that class of petroleum products.

6A.Notice requirements

If an exemption under regulation 6 applies to the supply of a class of petroleum products, the declared supplier must, within 1 business day after receiving a request to which the exemption applies, give to the distributor or retailer that made the request an oral or written notice that provides—

(a)details of the circumstances referred to in regulation 6; and

(b)a reasonable estimate of the likely duration of those circumstances.

Penalty:20 penalty units.".

7.Record keeping

Regulation 7(1)(c) of the Principal Regulations is revoked.

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ENDNOTES

[1] Reg. 4: S.R. No. 72/2001.