Fuel Quality Information Standard (Ethanol) Determination 2003

Overview

The Fuel Quality Information Standard (Ethanol) Determination 2003, as amended, was enacted to address the need for consumers to be informed about the ethanol content in petrol sold at service stations and other retail outlets. This Determination, made under section 22A of the Fuel Quality Standards Act 2000, commenced on 1 March 2004. The policy objective of this legislation is to ensure that consumers are clearly informed about the ethanol content in the petrol they purchase, thereby promoting transparency and informed choice in the market. This is achieved by mandating that specific information about the ethanol content is prominently displayed at service stations and provided to consumers through documentation or labels in other retail scenarios. The Determination was prepared by the Office of Legislative Drafting and Publishing, Attorney-General’s Department, Canberra.

Scope and Application

The Fuel Quality Information Standard (Ethanol) Determination 2003, as amended, applies to the supply of ethanol blends, which are defined as petrol containing more than 1% ethanol, across various retail contexts in Australia. This legislation mandates that service stations clearly display the ethanol content on petrol pumps, either stating the exact percentage or indicating it contains up to a specific percentage of ethanol. For other retail sales not originating from a service station, the determination requires that buyers are either provided with a document or that the ethanol content is visibly printed on the container before or during the transaction. Additionally, retailers must be furnished with documentation specifying that the ethanol blend may contain up to 10% ethanol and that it is subject to this standard. The legislation applies nationwide, extending its reach to all service stations and retail outlets within Australia, and is subject to amendments which can modify its provisions as seen in the Fuel Quality Information Standard (Ethanol) Amendment Determination 2005 (No. 1).

Key Provisions

The Fuel Quality Information Standard (Ethanol) Determination 2003 (the Determination) sets out the standards for the disclosure of ethanol content in petrol sold in Australia. Section 4 of the Determination specifies the requirements for service stations, which must display the ethanol content on petrol pumps clearly. The required information can either state the maximum percentage of ethanol, "Contains up to x% ethanol", or the exact percentage, "Contains y% ethanol". If the percentage is not a whole number, it can be rounded to the nearest whole number, with any multiple of 0.5% rounded up. Section 5 of the Determination outlines the obligations for the retail supply of ethanol blend outside service stations. It requires that before the ethanol blend is supplied, the buyer must be given a document that prominently includes the specified words. Alternatively, if the buyer is present during the supply, the words must appear on each container so that they can be easily read by the buyer. Section 6 specifies the information standard for the supply of ethanol blend to a retailer. At the time of supply, the retailer must be given a document that prominently displays a statement indicating that the ethanol blend may contain up to and including 10% ethanol, and a statement that the ethanol blend is subject to this standard. Failure to comply with the provisions of the Determination may result in penalties as prescribed by the Fuel Quality Standards Act 2000. Breaches of the Act may lead to civil or criminal penalties, which could include fines and other sanctions as determined by the courts. The exact penalties will depend on the nature and severity of the breach, as well as any relevant circumstances. The Determination ensures that consumers and retailers are adequately informed about the ethanol content in petrol, thereby facilitating informed purchasing decisions and compliance with fuel quality standards.