Fuel Quality Standards (Automotive Diesel) Determination 2019

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au F2019L00456 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Fuel Quality Standards Act 2000

Fuel Quality Standards (Automotive Diesel) Determination 2019

(Issued by the authority of the Minister for Energy and Emissions Reduction)

Purpose and operation

The Fuel Quality Standards Act 2000 (Cth) (the Act) provides the legislative framework for regulating the quality of fuel supplied in Australia. The objectives of the Act are to reduce the level of pollutants and emissions arising from the use of fuel that may cause environmental and health problems; facilitate the adoption of better engine and emission control technology; allow the more effective operation of engines and ensure that, where appropriate, information about fuel is provided when the fuel is supplied.

Section 21 of the Act provides that the Minister may, by legislative instrument, determine a fuel standard in respect of a specified kind of fuel.

The Fuel Quality Standards (Automotive Diesel) Determination 2019 (the Determination) sets out the parameters and testing methods for automotive diesel used in Australia.

The purpose of the Determination is to replace the sunsetting Fuel Standard (Automotive Diesel) Determination 2001, and to provide certainty for the quality of automotive diesel supplied in Australia.

The most significant change to the diesel standard is a clarification in the definitions that this standard applies to any fuel supplied or represented as automotive diesel. This includes renewable diesel and synthetic diesel, which have both been defined, and any combination of these. The parameter for colour has been removed, given the comprehensive nature of other operability standards. Some parameter names and units for parameter specification have been updated to improve consistency.

This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

Background

In October 2015, the Australian Government established the Ministerial Forum on Vehicle Emissions to coordinate a whole-of-government approach to reducing motor vehicle emissions. Part of this work is a measure to improve fuel quality standards which will assist in achieving better environmental, human health and engine operability outcomes.

Consultation

This Determination has been developed following extensive public consultation in relation to a range of policy options to improve Australia’s fuel quality. Two rounds of public consultation were conducted, as well as targeted consultation with key industry stakeholders to finalise options for the legislative instruments that prescribe fuel standards. The stakeholders included fuel producers, fuel importers, vehicle manufacturers and automobile associations. Targeted consultation with key testing laboratories occurred to ensure the proposed changes reflected the most up-to-date testing methods for the relevant parameter.

 

Under the Act, before making a fuel standard, the Minister must also consult the Fuel Standards Consultative Committee. The committee provided advice on the exposure draft of the Determination.

Regulation impact analysis

The Office of Best Practice Regulation (OBPR) was consulted in relation to the remaking of this instrument under the Act. The Better fuel for cleaner air regulation impact statement was prepared to assess the impacts on industry, the community and the environment of various policy options to improve fuel standards. The OBPR advised that the Better fuel for cleaner air regulation impact statement is compliant with the Government’s requirements and is consistent with best practice (OBPR ID 20699).

The Better fuel for cleaner air regulation impact statement is available under the Supporting Material tab of the www.legislation.gov.au page for this instrument.

Incorporation

The Determination lists testing methods to be used by the Department of the Environment and Energy (the Department) to determine compliance with the parameters. For example ASTM D5453 is used to test the sulfur content of diesel. Testing methods, developed by ASTM International and others, describe procedures that analytical laboratories must follow. The use of such standards is consistent with the Australian Government’s policy of harmonisation with international standards where appropriate.

The parties most likely to access the referenced documents are analytical laboratories testing compliance under the Determination. The incorporation of the testing methods into the Determination does not place undue burden on fuel suppliers. Fuel suppliers can use alternative testing methods to test fuel. Suppliers should note that the Department will test compliance by using the test methods in the Determination. The listed testing methods are incorporated as they are in force at the time the Determination commences on 1 October 2019. ASTM testing methods are available for purchase through ASTM International (www.astm.org). IP testing methods are available for purchase through Energy Institute (www.publishing.energyinst.org) and EN testing method is available for purchase through SAI Global (infostore.saiglobal.com) and other providers. A fee is charged to purchase each testing method in its entirety. The Department also make the incorporated testing methods available on request free of charge at its offices throughout Australia (ACT, Queensland, NSW, Victoria, NT and Tasmania).

 

Details of the Fuel Quality Standards (Automotive Diesel) Determination 2019

Section 1 – Name of instrument

This section specifies the name of the Determination is the Fuel Quality Standards (Automotive Diesel) Determination 2019 (the Determination).

Section 2 – Commencement

This section provides that the instrument commences on 1 October 2019.

Section 3 – Authority

This section sets out the provision of the Fuel Quality Standards Act 2000 under which the Determination is made.

Section 4 – Definitions

This item provides for definitions of terms used in the Determination.

Section 5 – Fuel standard for diesel

The table in this section details chemical and physical parameters and the specifications that must be met for each parameter in respect of the supply of automotive diesel in Australia.

The following diesel components, additives or properties are specified to reduce emissions and therefore improve air quality and human health: sulfur, cetane, density and polycyclic aromatic hydrocarbons. Some of the above parameters also affect engine and vehicle operability. In addition, lubricity, kinematic viscosity, ash, oxidation stability, filter blocking tendency, biodiesel content, carbon residue, copper corrosion, distillation, water and sediment are specified to ensure that engines can operate optimally, which ensures the best efficiency and lowest emissions from tailpipes. Flash point and conductivity are specified for safety and handling purposes.

Compliance with the specification for a parameter is determined by the testing method specified in the table.


Statement of Compatibility with Human Rights

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

Fuel Quality Standards (Automotive Diesel) Determination 2019

This Determination 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 Fuel Quality Standards (Automotive Diesel) Determination 2019 sets out the parameters and testing methods for automotive diesel used in Australia.

Human rights implications

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

Conclusion

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

 

Overview

The Fuel Quality Standards (Automotive Diesel) Determination 2019 was enacted to establish the standards and testing methods for automotive diesel used in Australia, replacing the sunsetting Fuel Standard (Automotive Diesel) Determination 2001. This Determination was introduced to provide clarity and certainty for the quality of automotive diesel supplied in the country. The primary objective is to reduce the level of pollutants and emissions from diesel fuel, thereby improving environmental and public health outcomes. The Minister for Energy and Emissions Reduction issued the Determination under the authority of the Fuel Quality Standards Act 2000, which provides the legislative framework for regulating fuel quality in Australia. The Determination addresses the gap left by the previous standard and introduces updated definitions and parameters, ensuring consistency and compatibility with international standards. This legislative instrument aims to facilitate better engine and emission control technology and ensure that information about fuel quality is provided when the fuel is supplied.

Scope and Application

The Fuel Quality Standards (Automotive Diesel) Determination 2019 applies to all entities and individuals involved in the supply, importation, and sale of automotive diesel within Australia, including renewable diesel and synthetic diesel. The instrument sets out specific parameters and testing methods that must be adhered to in order to ensure that the diesel supplied in Australia meets the required quality standards. This includes setting specific limits for components such as sulfur, cetane, density, and polycyclic aromatic hydrocarbons, which are intended to reduce emissions and improve air quality and human health. The Determination also includes specifications for other components such as lubricity, kinematic viscosity, ash, and oxidation stability, which are intended to ensure optimal engine and vehicle operation. The Determination applies across all states and territories of Australia and extends to all fuel suppliers, including fuel producers, importers, and retailers. There are no stated exclusions or exemptions from the Determination, and it applies to all automotive diesel supplied in Australia. The Determination is made under the authority of the Minister for Energy and Emissions Reduction and is a legislative instrument for the purposes of the Legislative Instruments Act 2003. The instrument is compatible with human rights as it does not engage any of the applicable rights or freedoms.

Key Provisions

The Fuel Quality Standards (Automotive Diesel) Determination 2019 (section 5) establishes the parameters and testing methods for automotive diesel used in Australia. It details chemical and physical specifications that must be met for various diesel components, additives, or properties, including sulfur, cetane, density, and polycyclic aromatic hydrocarbons. These specifications are designed to reduce emissions and improve air quality and human health, while also ensuring optimal engine and vehicle operation, efficiency, and safety. The parameters and testing methods incorporated into the Determination are consistent with international standards where appropriate, and they include specifications for lubricity, kinematic viscosity, ash, oxidation stability, filter blocking tendency, biodiesel content, carbon residue, copper corrosion, distillation, water and sediment, flash point, and conductivity. Compliance with these specifications is determined by the testing method specified in the Determination. The Determination imposes obligations on parties involved in the supply of automotive diesel in Australia. Fuel suppliers must ensure that the diesel they supply meets the specified parameters and complies with the testing methods outlined in the Determination. Analytical laboratories testing compliance with the Determination must follow the prescribed testing methods to ensure accurate and consistent results. The Department of the Environment and Energy will use the specified testing methods to test compliance, and fuel suppliers should note that the Department will also use these methods when testing compliance. Failure to comply with the requirements of the Fuel Quality Standards (Automotive Diesel) Determination 2019 may result in legal consequences. The Act provides for offences and penalties for non-compliance, but specific penalties are not detailed within the Determination itself. The Act may provide for various penalties, including fines and other civil or criminal consequences, depending on the nature and severity of the breach. It is important for parties involved in the supply of automotive diesel to familiarise themselves with the requirements of the Determination and ensure compliance to avoid potential legal repercussions.

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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.