Fuel Quality Standards (Ethanol E85) Determination 2019

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

Legislation au F2019L01265 Not in force Legislative Instrument

Legislation content

Fuel Quality Standards (Ethanol E85) Determination 2019

made under section 21 of the

Fuel Quality Standards Act 2000

Compilation No. 1

Compilation date: 21 July 2022

Includes amendments up to: F2022L00996

Registered: 16 August 2022

About this compilation

This compilation

This is a compilation of the Fuel Quality Standards (Ethanol E85) Determination 2019 that shows the text of the law as amended and in force on 21 July 2022 (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. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

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.

Editorial changes

For more information about any editorial changes made in this compilation, see 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. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

1 Name

3 Authority

4 Definitions

5 Fuel standard for E85

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Editorial changes

1  Name

  This instrument is the Fuel Quality Standards (Ethanol E85) Determination 2019.

3  Authority

  This instrument is made under section 21 of the Fuel Quality Standards Act 2000.

4  Definitions

Note: A number of expressions used in this instrument are defined in section 4 of the Act, including the following:

(a) fuel

(b) supply

(c) inspector

  In this instrument:

Act means the Fuel Quality Standards Act 2000.

ASTM followed by an alphanumeric code means the testing method developed under that code by the standards development organisation called ASTM International.

CEN/TS followed by a numeric code means the testing method developed under that code by the European Committee for Standardization.

DVPE means dry vapour pressure equivalent.

E85 means a mixture of petrol and ethanol that is supplied or represented as E85 fuel.

Note:  Section 5 requires the fuel to be 70–85% v/v ethanol.

EN followed by a numeric code means the testing method developed under that code by the European Committee for Standardization.

mg/kg means milligrams per kilogram, and is equivalent to ‘parts per million’ or ‘ppm’ by mass.

petrol has the same meaning as in the Fuel Quality Standards (Petrol) Determination 2019.   

% v/v means per cent volume by volume, and is equivalent to ‘volume %’, ‘vol %’ and ‘% vol’.

% m/m means per cent mass by mass, and is equivalent to ‘mass %’, ‘% mass’ and ‘weight %’.

5  Fuel standard for E85

 (1) In relation to a parameter mentioned in an item of the following table, E85 must comply with the specification for that parameter mentioned in that item.

Item

Parameter

Specification

Testing Method

1

Acidity—as acetic acid   

0.006% m/m maximum

ASTM D7795

2

Benzene

0.35% v/v maximum

ASTM D5580

3

Copper

0.10 mg/kg maximum

EN 15837 (as modified in CEN/TS 15293)

4

Distillation—final boiling point

210°C maximum

ASTM D86

5

Ethanol

70–85% v/v

ASTM D6839

6

Ethers—5 or more C atoms

1.0% v/v maximum

ASTM D6839

7

Inorganic chloride

10 mg/kg maximum

ASTM D7328

8

Lead

5 mg/L maximum

ASTM D3237

9

Methanol

0.5% v/v maximum

ASTM D5501

10

Motor octane number (MON)

87 minimum

(See note)

11

Oxidation stability

360 minutes minimum

ASTM D525

12

pHe

6.5–9.0

ASTM D6423

13

Phosphorus

1.3 mg/L maximum

ASTM D3231

14

Research octane number (RON)

100 minimum

(See note)

15

Solvent washed gum

5.0 mg/100 mL maximum

ASTM D381

16

Sulfate

4.0 mg/kg maximum

ASTM D7328

17

Sulfur

From commencement
52 mg/kg maximum

From 15 December 2024
10 mg/kg maximum

ASTM D5453

18

Vapour pressure (DVPE) at 37.8°C

38–63 kPa

ASTM D5191

19

Water

1.0% m/m maximum

ASTM E1064

Note : Testing methods for determining the MON and RON of E85 are not yet available. The minimum targets specified in the table are interim targets until a testing method is available. These minimum targets allow for engine calibration.

 (2) For subsection (1), compliance with the specification for a parameter is determined by using the testing method for that parameter mentioned in that item of the table.

Note:  The testing methods listed in the table are the methods that will be used by inspectors and other persons authorised to conduct tests on fuel under the Act to determine whether the fuel complies with the relevant fuel standard. Subsection (2) does not prevent other persons (including persons supplying fuel) from using other test methods to ensure that the fuel complies with the relevant fuel standard.

 (3) Any petrol component of E85 must meet the requirements of the fuel quality standard for petrol set out in the Fuel Quality Standards (Petrol) Determination 2019.

 (4) Any ethanol component of E85 must meet the requirements of the fuel quality standard for ethanol set out in the Fuel Quality Standards (Petrol) Determination 2019.

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.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

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

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Fuel Quality Standards (Ethanol E85) Determination 2019

25 Sept 2019 (F2019L01265)

1 Oct 2019 (s 2)

 

Fuel Quality Standards (Ethanol E85) Amendment Determination 2022

20 July 2022 (F2022L00996)

21 July 2022 (s 2(1) item 1)

—

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2.....................

rep LA s 48D

s 5.....................

am F2022L00996

 

ed C1

 

Endnote 5—Editorial changes

In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.

Subsection 5(1) (table item 17)

Kind of editorial change

Give effect to the misdescribed amendment as intended

Details of editorial change

Schedule 1 of the Fuel Quality Standards (Ethanol E85) Amendment Determination 2022 provides as follows:

Schedule 1—Amendments

Fuel Quality Standards (Ethanol 85) Determination 2019

5  Subsection 5(1) (item 17 of the table)

 Omit “1 July 2027”, substitute “15 December 2024”.

The title to be amended reads “Fuel Quality Standards (Ethanol 85) Determination 2019” rather than the correct title of “Fuel Quality Standards (Ethanol E85) Determination 2019”.

This compilation was editorially changed by applying the amendment from Schedule 1 of the Fuel Quality Standards (Ethanol E85) Amendment Determination 2022 to the Fuel Quality Standards (Ethanol E85) Determination 2019 to give effect to the misdescribed amendment as intended.

 

Overview

The Fuel Quality Standards (Ethanol E85) Determination 2019 was enacted to set quality standards for E85 fuel, which is a mixture of petrol and ethanol supplied or represented as E85 fuel, under the authority of section 21 of the Fuel Quality Standards Act 2000. This legislation was enacted by the Parliament of Australia to address the need for specific standards governing the quality of E85 fuel, ensuring that it meets certain specifications to be compliant with environmental and safety regulations. The policy objective of this Determination is to promote the use of alternative fuels that reduce greenhouse gas emissions and environmental impact while maintaining performance and safety standards for vehicles using such fuels. The Determination specifies various parameters and their respective standards that E85 fuel must meet, including acidity, benzene content, copper content, distillation points, ethanol concentration, ethers content, inorganic chloride, lead, methanol, octane numbers, oxidation stability, pH levels, phosphorus content, sulfur levels, vapour pressure, and water content. These standards are designed to ensure the quality, safety, and performance of E85 fuel when used in vehicles, thereby encouraging its adoption as a cleaner and more sustainable fuel option.

Scope and Application

The Fuel Quality Standards (Ethanol E85) Determination 2019, made under section 21 of the Fuel Quality Standards Act 2000, applies to the specification of fuel quality standards for E85, which is a mixture of petrol and ethanol supplied or represented as E85 fuel. This legislation sets out the parameters and testing methods for ensuring that E85 fuel meets specific quality criteria. It applies to fuel suppliers and any entities involved in the production, distribution, and sale of E85 fuel. The jurisdictional reach of this legislation is national, as it is made under Commonwealth law. The Act provides detailed specifications for various parameters such as acidity, benzene content, copper levels, distillation, ethanol content, ethers, inorganic chloride, lead, methanol, motor octane number (MON), oxidation stability, pH, phosphorus, research octane number (RON), solvent washed gum, sulfate, sulfur, vapour pressure, and water content. Compliance with these standards is mandatory for entities supplying E85 fuel within Australia. The Act also includes provisions for the application of testing methods specified in the determination, ensuring that inspectors and authorised persons use these methods to verify compliance. Additionally, the petrol and ethanol components of E85 must meet the quality standards set out in the Fuel Quality Standards (Petrol) Determination 2019.

Key Provisions

The Fuel Quality Standards (Ethanol E85) Determination 2019 sets out the fuel quality standards for E85 fuel, which is a mixture of petrol and ethanol supplied or represented as E85 fuel, in Australia. This Determination is made under section 21 of the Fuel Quality Standards Act 2000 and was amended by the Fuel Quality Standards (Ethanol E85) Amendment Determination 2022. The Determination specifies the requirements for E85 fuel in terms of various parameters, such as acidity, benzene content, copper content, distillation, ethanol content, ethers content, inorganic chloride content, lead content, methanol content, motor octane number, oxidation stability, pH, phosphorus content, research octane number, solvent washed gum content, sulfate content, sulfur content, vapour pressure, and water content. Each parameter has a specified maximum or minimum value, and the compliance with these values is determined by using the testing methods mentioned in the Determination. The Determination imposes obligations on the parties or entities that supply or represent E85 fuel in Australia. The suppliers and representatives of E85 fuel must ensure that the fuel they supply or represent meets the fuel quality standards set out in the Determination. The petrol and ethanol components of E85 fuel must also meet the requirements of the fuel quality standards for petrol and ethanol set out in the Fuel Quality Standards (Petrol) Determination 2019. The Determination also requires that the testing methods listed in the Determination are used by inspectors and other persons authorised to conduct tests on fuel under the Act to determine whether the fuel complies with the relevant fuel standard. However, the Determination does not prevent other persons from using other test methods to ensure that the fuel complies with the relevant fuel standard. The Determination does not explicitly state any offences, penalties, or civil/criminal consequences for breach. However, the Fuel Quality Standards Act 2000 provides for offences and penalties for non-compliance with the fuel quality standards set out in the Determination. Any person who contravenes a fuel quality standard is liable to a civil penalty of up to $11,000 for each day of the contravention. In addition, any person who supplies or represents fuel that does not comply with a fuel quality standard is liable to a civil penalty of up to $110,000 for each day of the contravention. The Determination also empowers inspectors to take samples of fuel for testing and to enter premises where fuel is stored or supplied to conduct tests on the fuel. Any person who obstructs an inspector in the course of their duties is liable to a criminal penalty of up to $5,500 or imprisonment for up to 6 months, or both.

Legal classification tags

Area of Law
Environmental Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Regulatory Standards
Enforcement Powers

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.