Competition and Consumer (Price Monitoring—Petroleum Fuels) Direction 2025

Administered by Department of the Treasury

Legislation au F2025L01598 In force Legislative Instrument

Legislation content

 

Competition and Consumer (Price Monitoring—Petroleum Fuels) Direction 2025

made under the Competition and Consumer Act 2010

Compilation No. 1

Compilation date: 2 May 2026

Includes amendments: Competition and Consumer (Price Monitoring—Petroleum Fuels) Amendment Direction 2026

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Prepared by The Treasury

About this compilation

       

This compilation

This is a compilation of the Competition and Consumer (Price Monitoring—Petroleum Fuels) Direction 2025 that shows the text of the law as amended and in force on 2 May 2026 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

Contents

Part 1—Preliminary

1 Name

3 Authority

5 Definitions

Part 2—Price monitoring of petroleum fuels

6 Object

7 Commission to monitor prices

8 Direction to give special consideration to specified matters

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

Part 1—Preliminary

 

1  Name

  This instrument is the Competition and Consumer (Price Monitoring—Petroleum Fuels) Direction 2025.

3  Authority

  This instrument is made under the Competition and Consumer Act 2010.

5  Definitions

Note: Expressions have the same meaning in this instrument as in the Competition and Consumer Act 2010 as in force from time to time—see paragraph 13(1)(b) of the Legislation Act 2003.

  In this instrument:

ANZSIC means the Australian and New Zealand Standard Industrial Classification 2006 (1292.0), published by the Australian Bureau of Statistics, as in force on the day this instrument commences.

Note: The Australian and New Zealand Standard Industrial Classification 2006 could in 2025 be viewed on the Australian Bureau of Statistics website (https://www.abs.gov.au).

bulk petroleum storage sub-industry means so much of the following as relates to bulk petroleum storage services:

 (a) the other warehousing and storage services industry;

 (b) the port and water transport terminal operations industry.

exempt supply has the same meaning as in Part VIIA of the Act.

fuel retailing industry means the class of fuel retailing (class 4000) as classified in ANZSIC.

goods has the same meaning as in Part VIIA of the Act.

other warehousing and storage services industry means the class of other warehousing and storage services (class 5309) as classified in ANZSIC.

petroleum fuel manufacturing industry means the class of petroleum refining and petroleum fuel manufacturing (class 1701) as classified in ANZSIC.

petroleum product wholesaling industry means the class of petroleum product wholesaling (class 3321) as classified in ANZSIC.

port and water transport terminal operations industry means the class of port and water transport terminal operations (class 5212) as classified in ANZSIC.

price has the same meaning as in Part VIIA of the Act.

quarter means a period of 3 months ending on 31 March, 30 June, 30 September or 31 December.

services has the same meaning as in Part VIIA of the Act.

State or Territory authority has the same meaning as in Part VIIA of the Act.

supply has the same meaning as in Part VIIA of the Act.

the Act means the Competition and Consumer Act 2010.

Part 2—Price monitoring of petroleum fuels

6  Object

  The object of this instrument is to:

 (aa) promote transparency in the market for petroleum products in Australia, in particular during periods of significant disruption; and

 (a) continue the Commission’s monitoring of the prices, costs and profits relating to the supply of petroleum products in Australia for a further period of 5 years; and

 (b) direct the Commission to prepare reports in relation to the monitoring at least once every quarter.

Note: The Competition and Consumer (Price Monitoring—Petroleum Fuels) Direction 2022 directed the Commission to prepare quarterly reports in relation to its monitoring of the prices, costs and profits relating to the supply of petroleum products in Australia for a period of 3 years commencing on 1 January 2023.

7  Commission to monitor prices

 (1) Under subsection 95ZE(1) of the Act, the Commission is directed:

 (a) to monitor prices, costs and profits relating to the supply of goods and services in each of the following:

 (i) the fuel retailing industry;

 (ii) the petroleum product wholesaling industry;

 (iii) the petroleum fuel manufacturing industry;

 (iv) the bulk petroleum storage sub-industry; and

 (b) to give the Treasurer a report on the monitoring at least once every quarter during the period of 5 years beginning on 1 January 2026.

Note: Under subsections 95ZE(2) and (3) of the Act, the Commission must, in preparing such a report, have regard to the need for commercial confidentiality and must make copies of the report available for public inspection as soon as practicable after it gives the Treasurer the report.

Special reports

 (1A) Under subsection 95ZE(1) of the Act, the Commission is also directed, during the period covered by subsection (1B):

 (a) to monitor, in relation to the supply of goods and services mentioned in subparagraphs (1)(a)(i) to (iii), both in relation to each of the capital cities as well as other areas, all of the following:

 (i) the matters mentioned in paragraph (1)(a);

 (ii) unusual or discrepant movement of prices as a result of current market conditions; and

 (b) to give the Treasurer a report on the monitoring at least each week.

 (1B) This subsection covers the period beginning on its commencement and ending on 30 September 2026.

Exclusions

 (2) However, this section does not apply in relation to:

 (a) an exempt supply; or

 (b) the supply of a good or service by a State or Territory authority.

8  Direction to give special consideration to specified matters

  Under subsection 95ZH(1) of the Act, the Commission is directed to give special consideration, in exercising its powers and performing its functions under Part VIIA of the Act, to:

 (a) sections 6 and 7 of this instrument; and

 (b) monitoring the prices, costs and profits relating to the supply of:

 (i) petroleum fuel products; and

 (ii) services related to the supply of petroleum fuel products.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

 

ad = added or inserted

orig = original

am = amended

p = page(s)

amdt = amendment

para = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/sub‑subparagraph(s)

ch = Chapter(s)

pres = present

cl = clause(s)

prev = previous

cont. = continued

(prev…) = previously

def = definition(s)

pt = Part(s)

Dict = Dictionary

r = regulation(s)/Court rule(s)

disallowed = disallowed by Parliament

reloc = relocated

div = Division(s)

renum = renumbered

exp = expires/expired or ceases/ceased to have

rep = repealed

effect

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

/rule(s)/subrule(s)/order(s)/suborder(s)

LIA = Legislative Instruments Act 2003

sch = Schedule(s)

(md not incorp) = misdescribed amendment

SLI = Select Legislative Instrument

cannot be given effect

SR = Statutory Rules

mod = modified/modification

sub ch = Sub‑Chapter(s)

No. = Number(s)

sub div = Subdivision(s)

Ord = Ordinance

sub pt = Subpart(s)

 

underlining = whole or part not

 

commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Competition and Consumer (Price Monitoring—Petroleum Fuels) Direction 2025

18 December 2025 (F2025L01598)

1 January 2026

—

Competition and Consumer (Price Monitoring—Petroleum Fuels) Amendment Direction 2026

1 May 2026 (F2026L00498)

2 May 2026

—

 

Endnote 4—Amendment history

 

Provision affected

How affected

Section 2

rep LA s48D

Section 4

rep LA s48C

Section 6

am F2026L00498

Section 7

am F2026L00498

Section 8

am F2026L00498

Schedule 1

rep LA s48C

 

Overview

The Competition and Consumer (Price Monitoring—Petroleum Fuels) Direction 2025 was enacted to bolster transparency in the Australian petroleum market, particularly during times of significant disruption. This legislative instrument, made under the Competition and Consumer Act 2010, aims to continue the Australian Competition and Consumer Commission's (ACCC) monitoring of petroleum prices, costs, and profits over a five-year period starting on 1 January 2026. This initiative follows the ACCC's previous three-year monitoring period, which concluded on 31 December 2025. The policy objective is to ensure that the market remains transparent and that consumers are adequately informed about the economic conditions affecting petroleum product prices. The Direction mandates the ACCC to prepare quarterly reports on its monitoring activities, providing insights into the supply of goods and services within the fuel retailing, petroleum product wholesaling, petroleum fuel manufacturing, and bulk petroleum storage sub-industries. Furthermore, the Direction requires special weekly reports on unusual or discrepant price movements as a result of current market conditions, particularly in relation to capital cities and other areas, for a period starting from the Direction's commencement and ending on 30 September 2026. The Direction also directs the ACCC to give special consideration to these monitoring activities when exercising its powers and performing its functions under the Competition and Consumer Act 2010.

Scope and Application

The Competition and Consumer (Price Monitoring—Petroleum Fuels) Direction 2025, made under the Competition and Consumer Act 2010, is designed to enhance market transparency and monitor the prices, costs, and profits associated with the supply of petroleum products in Australia. This direction applies to the fuel retailing industry, petroleum product wholesaling industry, petroleum fuel manufacturing industry, and the bulk petroleum storage sub-industry as defined under the Australian and New Zealand Standard Industrial Classification 2006. The Australian Competition and Consumer Commission is tasked with monitoring these aspects and providing reports to the Treasurer at least once every quarter, with an initial period of five years starting on 1 January 2026. The direction excludes exempt supplies and supplies by State or Territory authorities. The Commission is also directed to give special consideration to the sections of this instrument and the monitoring of prices, costs, and profits relating to petroleum fuel products and services related to their supply. The direction applies nationally across Australia and is subject to modification through subordinate instruments, with any uncommenced amendments accessible on the legislative register.

Key Provisions

The Competition and Consumer (Price Monitoring—Petroleum Fuels) Direction 2025 (the Direction) is a legislative instrument made under the Competition and Consumer Act 2010 (the Act). It mandates the Australian Competition and Consumer Commission (the Commission) to monitor prices, costs, and profits related to the supply of petroleum products in Australia. Specifically, the Commission is required to focus on the fuel retailing industry, the petroleum product wholesaling industry, the petroleum fuel manufacturing industry, and the bulk petroleum storage sub-industry (sections 7(1)(a) and (b)). The monitoring period extends for five years starting from 1 January 2026, with the Commission required to report to the Treasurer quarterly on its findings (section 7(1)(b)). The Direction also directs the Commission to give special consideration to monitoring unusual or discrepant price movements resulting from current market conditions, particularly within the capital cities and other areas, and to report on these findings to the Treasurer at least once a week (section 7(1A)). This special focus is intended to ensure transparency and address market disruptions effectively (section 6). Additionally, the Commission must consider specific sections of the Direction and focus its monitoring activities on petroleum fuel products and services related to their supply when exercising its powers and performing its functions under Part VIIA of the Act (section 8). The Direction further clarifies that it does not apply to exempt supplies or supplies made by State or Territory authorities (section 7(2)). Entities and individuals subject to this Direction, primarily the Commission, have several obligations. The Commission must diligently monitor and report on the prices, costs, and profits associated with the supply of petroleum products within the specified industries. This includes preparing quarterly reports for the five-year monitoring period and weekly reports focusing on unusual price movements. Additionally, the Commission is required to ensure commercial confidentiality in its reporting while making these reports available for public inspection as soon as practicable (subsections 95ZE(2) and (3) of the Act). Failure to comply with the requirements of the Direction can result in legal consequences. While the Direction itself does not explicitly state penalties, breaches of the Act or associated regulations could lead to fines and other enforcement actions. For instance, under section 132 of the Act, the Commission can impose penalties for contraventions, including significant fines for corporations and individuals. Additionally, courts can impose penalties for breaches, which may include fines and, in some cases, imprisonment. It is crucial for the Commission and other relevant entities to adhere to the requirements to avoid such consequences.

Legal classification tags

Area of Law
Competition Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Prohibited Conduct
Regulatory Standards

Interactions

Authorises

All Versions

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.