Competition and Consumer (Price Monitoring—Petroleum Fuels) Direction 2019

Administered by Department of the Treasury

Legislation au F2019L01657 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Issued by authority of the Treasurer

Competition and Consumer Act 2010

Competition and Consumer (Price Monitoring—Petroleum Fuels) Direction 2019

Subsection 95ZE(1) of the Competition and Consumer Act 2010 (the Act) provides that the Minister may give the Australian Competition and Consumer Commission (ACCC) a written direction to monitor prices, costs and profits relating to the supply of goods or services by persons in an industry, and to give the Minister reports on the monitoring. Subsection 95ZH(1) of the Act provides that the Minister may also give the ACCC a written direction to give special consideration to matters in exercising the ACCC’s powers and performing the ACCC’s functions under Part VIIA of the Act.

The purpose of the Competition and Consumer (Price Monitoring—Petroleum Fuels) Direction 2019 (the Direction) is to require the ACCC to monitor the prices, costs and profits relating to the supply of goods or services by persons in specified industries. These industries are involved in the supply of petroleum fuels, or in the supply of services related to the supply of petroleum fuels.

The Direction gives effect to the Government’s decision that the ACCC continue to monitor and report on the prices, costs and profits relating to the supply of petroleum products and related services in the petroleum industry in Australia.

The Direction also requires the ACCC to give special consideration to monitoring the prices, costs and profits relating to the supply of petroleum fuels and related services by persons in the industries specified in the Direction.

The Direction requires the ACCC to monitor prices, costs and profits for a period of three years, and to report to the Treasurer every 3 months on the monitoring during that period.

The Direction requires monitoring similar to the Monitoring of Prices, Costs and Profits Relating to the Supply of Petroleum Products in the Petroleum Industry in Australia (the Previous Direction), which was made on 20 December 2017. The monitoring and reporting period covered by the Previous Direction expires at the end of 19 December 2019.

The Direction has been developed in consultation with the Australian Competition and Consumer Commission.

Details of the Direction are set out in Attachment A.

The Direction is a legislative instrument for the purposes of the Legislation Act 2003.  However, the Direction is not subject to disallowance or sunsetting.

The Direction commenced on the day after it was registered on the Federal Register of Legislation.

A statement of Compatibility with Human Rights is at Attachment B.

ATTACHMENT A

Details of the Competition and Consumer (Price Monitoring—Petroleum Fuels) Direction 2019

Section 1—Name of the Direction

Section 1 provides that the name of the Direction is the Competition and Consumer (Price Monitoring—Petroleum Fuels) Direction 2019 (the Direction).

Section 2—Commencement

Section 2 provides that the Direction commenced on the day after the instrument was registered on the Federal Register of Legislation.

Section 3—Authority

Section 3 provides that the Direction is made under the Competition and Consumer Act 2010 (the Act).

Section 4—Definitions

Section 4 provides definitions of expressions used in the Direction.

The industries referred to in section 5 are defined by reference to the Australian and New Zealand Standard Industrial Classification 2006 (ANZSIC) published by the Australian Bureau of Statistics (1292.0). ANZSIC is used as a standard means of classifying business units into industry sectors.

The references to ANZSIC are as that document was revised and in force at the time the Direction commenced. At the time the Direction was registered, this document was freely available on the Australian Bureau of Statistics’ website (http://www.abs.gov.au).

Section 5—Object

Section 5 states the object of the instrument, which is to continue the ACCC’s monitoring and reporting on the prices, costs and profits relating to the supply of petroleum products and related services in the petroleum industry in Australia.

Section 6—Commission to monitor prices

Section 6 directs the ACCC to monitor prices, costs and profits relating to the supply of goods or services by persons in specified industries. These industries are involved in the supply of petroleum fuels, or in the supply of services related to the supply of petroleum fuels.

The ACCC is required to monitor prices, costs and profits of the following industries:

  • the fuel retailing industry;
  • the petroleum product wholesaling industry;
  • the petroleum fuel manufacturing industry; and
  • the bulk petroleum storage sub-industry;

The ACCC is required to monitor prices, costs and profits for a period of three years, and to report to the Treasurer every 3 months on the monitoring during that period.

This direction is given under subsection 95ZE(1) of the Act.

Section 7—Direction to give special consideration to specified matters

Section 7 directs the ACCC to give special consideration to monitoring the prices, costs and profits relating to the supply of petroleum fuel products and services related to the supply of petroleum fuel products when conducting the price monitoring required by the direction in section 6.

Section 7 also directs the ACCC to give special consideration to the object of the Direction when exercising its powers and performing its functions under the Act as required by the direction in section 6.

This direction is given because persons in the industries specified in the direction in section 6 may also supply other goods and services that are not necessary relevant to the core object of price monitoring of petroleum fuel products in Australia.

This direction is given under subsection 95ZH(1) of the Act.

ATTACHMENT B

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Competition and Consumer (Price Monitoring—Petroleum Fuels) Direction 2019

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

The purpose of the Competition and Consumer (Price Monitoring—Petroleum Fuels) Direction 2019 (the Direction) is to require the Australian Competition and Consumer Commission (ACCC) to monitor the prices, costs and profits relating to the supply of goods or services by persons in specified industries. These industries are involved in the supply of petroleum fuels, or in the supply of services related to the supply of petroleum fuels.

The Direction gives effect to the Government’s decision that the ACCC continue to monitor and report on the prices, costs and profits relating to the supply of petroleum products and related services in the petroleum industry in Australia.

The Direction also requires the ACCC to give special consideration to monitoring the prices, costs and profits relating to the supply of petroleum fuels and related services by persons in the specified industries.

The Direction requires the ACCC to monitor prices, costs and profits for a period of three years, and to report to the Treasurer every 3 months on the monitoring during that period.

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

Overview

The Competition and Consumer (Price Monitoring—Petroleum Fuels) Direction 2019 was enacted to continue the monitoring and reporting on the prices, costs, and profits relating to the supply of petroleum products and related services within Australia. This legislative direction was issued under the authority of the Competition and Consumer Act 2010 by the Australian Government, with the aim of ensuring ongoing oversight of the petroleum industry. It mandates the Australian Competition and Consumer Commission (ACCC) to monitor and report on these economic factors for a period of three years, with quarterly updates to the Treasurer. This effort is part of the Government's strategy to maintain transparency and regulatory oversight in the petroleum industry, ensuring that market dynamics are understood and any anti-competitive practices are identified and addressed. The Direction not only requires the ACCC to monitor but also to give special consideration to the specified matters outlined in the Direction, ensuring that the monitoring aligns closely with the core objective of overseeing petroleum fuel prices and related services. The Direction commenced on the day after its registration on the Federal Register of Legislation and is not subject to disallowance or sunsetting, ensuring its continuity and effectiveness in fulfilling its legislative purpose.

Scope and Application

The Competition and Consumer (Price Monitoring—Petroleum Fuels) Direction 2019 applies to the Australian Competition and Consumer Commission (ACCC), directing it to monitor prices, costs and profits relating to the supply of goods or services by persons in specified industries involved in the supply of petroleum fuels or in the supply of services related to the supply of petroleum fuels. This includes the fuel retailing, petroleum product wholesaling, petroleum fuel manufacturing, and bulk petroleum storage sub-industry. The Direction is made under the Competition and Consumer Act 2010 and is intended to give effect to the Government's decision for the ACCC to continue its monitoring and reporting on the petroleum industry in Australia. The Direction requires the ACCC to monitor these parameters for a period of three years, with quarterly reports submitted to the Treasurer. The Direction is not subject to disallowance or sunsetting and commenced on the day after its registration on the Federal Register of Legislation. The Direction does not explicitly state any exclusions, exemptions, or thresholds, but it does require the ACCC to give special consideration to specified matters as outlined in the Direction.

Key Provisions

The Competition and Consumer (Price Monitoring—Petroleum Fuels) Direction 2019 (the Direction) primarily mandates the Australian Competition and Consumer Commission (ACCC) to monitor the prices, costs and profits relating to the supply of goods or services by entities within specified industries. These industries include those involved in the supply of petroleum fuels or related services. Section 6 of the Direction requires the ACCC to monitor the fuel retailing industry, the petroleum product wholesaling industry, the petroleum fuel manufacturing industry, and the bulk petroleum storage sub-industry. The ACCC must monitor these parameters for a duration of three years and submit quarterly reports to the Treasurer detailing its findings during this period. The Direction imposes several obligations on the ACCC. Firstly, it mandates the ACCC to diligently monitor prices, costs, and profits within the specified industries over a three-year period. Secondly, it requires the ACCC to give special consideration to the object of the Direction, which is to ensure that the monitoring is focused on the supply of petroleum products and related services. This special consideration is intended to ensure that the ACCC’s monitoring efforts are not diluted by the consideration of unrelated goods and services. Additionally, the Direction requires the ACCC to report its findings to the Treasurer every three months. Breaches of the obligations outlined in the Direction may lead to various consequences. Although the Direction itself does not explicitly detail specific offences, penalties, or civil/criminal consequences for non-compliance, any failure to adhere to the requirements could potentially result in enforcement actions by the relevant authorities. Such actions might include administrative penalties or other remedial measures under the Competition and Consumer Act 2010. It is worth noting that the Direction, while not subject to disallowance or sunsetting, is a legislative instrument governed by the Legislation Act 2003, which provides a framework for the creation and management of legislative instruments.

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Area of Law
Competition Law
Instrument
Direction
Concepts
Definitions & Interpretation
Commencement Provisions
Reporting & Disclosure Obligations

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.