Fuel Quality Standards (Ethanol E85) Information Standard 2019

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

Legislation au F2019L01281 In force Legislative Instrument

Legislation content

Fuel Quality Standards (Ethanol E85) Information Standard 2019

made under section 22A of the

Fuel Quality Standards Act 2000

Compilation No. 1

Compilation date: 25 April 2024

Includes amendments: F2024L00476

Registered: 17 May 2024

About this compilation

This compilation

This is a compilation of the Fuel Quality Standards (Ethanol E85) Information Standard 2019 that shows the text of the law as amended and in force on 25 April 2024 (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 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 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 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

5 Definitions

6 Supply of E85 from service stations

7 Other retail supply of E85

8 Supply of E85 to retailers

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

1  Name

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

3  Authority

  This instrument is made under section 22A of the Fuel Quality Standards Act 2000.

5  Definitions

  In this instrument:

Act means the Fuel Quality Standards Act 2000.

E85 means a fuel blend consisting of:

 (a) 70% to 85% ethanol; and

 (b) petrol that meets the requirements of the Fuel Quality Standards (Petrol) Determination 2024.

service station means premises at which E85 is sold by retail from a fuel pump.

6  Supply of E85 from service stations

 (1) This section specifies:

 (a) the information about E85 that should be provided with the supply of E85 from a service station; and

 (b) the way in which that information is to be provided.

 (2) One of the following is to be clearly displayed on any fuel pump at the service station dispensing E85:

 (a) the words:

 (i) “Contains 70–85% ethanol”; and

 (ii) “Not petrol or diesel”;

 (b) the words:

 (i) “Contains x% ethanol”, where x is a number equal to or more than 70 but not more than 85 and is no less than the percentage of ethanol in the ethanol blend; and

 (ii) “Not petrol or diesel”.

 (3) For the purposes of subparagraph (2)(b)(i), if a percentage is not a whole number, it may be rounded to the nearest whole number, with a number ending with 0.5 being rounded up.

7  Other retail supply of E85

 (1) This section specifies:

 (a) the information about E85 that should be provided in relation to the supply of E85, by retail sale, other than from a service station; and

 (b) the way in which that information is to be provided.

 (2) Either of the following:

 (a) before the E85 is supplied to a buyer, the buyer is to be given a document that prominently includes the words specified in paragraph 6(2)(a) or (b);

 (b) if the buyer is present when the E85 is supplied, the words specified in paragraph 6(2)(a) or (b) are to appear on each container of E85 so that the words can be easily read by the buyer.

8  Supply of E85 to retailers

 (1) This section specifies:

 (a) the information about E85 that should be provided with the supply of E85 to a retailer; and

 (b) the way in which that information is to be provided.

 (2) At the time of the supply, the retailer is to be given a document that prominently displays:

 (a) a statement that the E85 contains:

 (i) 70% to 85% ethanol; or

 (ii) x% ethanol, where x is a number equal to or more than 70 but not more than 85 and is no less than the percentage of ethanol in the ethanol blend; and

 (b) a statement that the E85 is the subject of this instrument.

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) Information Standard 2019

27 Sept 2019 (F2019L01281)

1 Oct 2019 (s 2)

 

Fuel Quality Standards Legislation (Consequential Amendments) Determination 2024

24 Apr 2024 (F2024L00476)

Sch 1 (items 1, 2): 25 Apr 2024 (s 2(1) item 1)

—

 

Endnote 4—Amendment history

 

Provision affected

How affected

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

rep LA s 48D

s 4.....................

rep LA s 48C

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

am F2024L00476

Schedule 1................

rep LA s 48C; F2024L00476 (amdt never applied (Sch 1 item 2))

 

Overview

The Fuel Quality Standards (Ethanol E85) Information Standard 2019 was enacted to provide specific information requirements for the supply of E85, a fuel blend consisting of 70% to 85% ethanol and petrol. This standard was introduced under section 22A of the Fuel Quality Standards Act 2000 by the Parliament of Australia to address the need for clear and consistent information to be provided to consumers about the composition of E85 fuel. The policy objective of this standard is to ensure that consumers are adequately informed about the ethanol content in the fuel they purchase, which is critical for making informed choices about the type of fuel suitable for their vehicles and for understanding the environmental and performance implications of using ethanol-blended fuels. This legislative instrument aims to provide clarity and transparency in the retail supply of E85 fuel across Australia. The standard specifies the information that must be provided with the supply of E85 from service stations, other retail supplies, and supplies to retailers. It mandates that specific wording regarding the ethanol content be displayed or provided in various forms, ensuring that consumers are aware of the ethanol percentage in the fuel. This includes displaying clear information on fuel pumps at service stations and providing documents or labels with the necessary information in other retail scenarios. The standard is designed to enhance consumer awareness and understanding of the fuel they are purchasing, thereby supporting the broader goals of the Fuel Quality Standards Act 2000 in promoting sustainable and high-quality fuel standards.

Scope and Application

The Fuel Quality Standards (Ethanol E85) Information Standard 2019 applies to the supply of E85, which is a fuel blend consisting of 70% to 85% ethanol and petrol that meets certain standards, by retail from service stations and other suppliers to consumers and retailers. This standard is made under section 22A of the Fuel Quality Standards Act 2000, and its provisions are intended to ensure that consumers and retailers are adequately informed about the ethanol content in E85. The standard has a Commonwealth jurisdictional reach and applies to any entity or person involved in the retail supply of E85 within Australia. It mandates that specific information be clearly displayed or provided at the point of sale to ensure transparency and consumer awareness. There are no stated exclusions or exemptions in the Standard itself, although any uncommenced amendments or modifications affecting the law can be found on the Federal Register of Legislation. The Standard can be extended or restricted through subordinate instruments, although no such instruments are indicated in this compilation.

Key Provisions

The Fuel Quality Standards (Ethanol E85) Information Standard 2019 (sections 6, 7, and 8) outlines the specific information that must be provided when Ethanol E85 is supplied to consumers. Section 6 mandates that at service stations, fuel pumps dispensing E85 must clearly display information indicating the ethanol content and clarifying that it is neither petrol nor diesel. Section 7 requires that if E85 is supplied to consumers through means other than service stations, the same information must be communicated either via a document given to the consumer before the sale or on the container itself if the consumer is present during the supply. Section 8 specifies that when E85 is supplied to retailers, a document must be provided at the time of supply, detailing the ethanol content and stating that it is subject to the provisions of this standard. The Act imposes several obligations on parties involved in the supply of E85. Service station operators must ensure that the specified information is prominently displayed on the fuel pump (Section 6). Suppliers other than service stations must either provide a document with the required information before the sale or ensure the information is visible on the container if the consumer is present during the transaction (Section 7). When supplying E85 to retailers, suppliers must provide a document that clearly states the ethanol content and confirms that the E85 is governed by this standard (Section 8). Failure to comply with these requirements can lead to non-compliance with the Act. Breach of the provisions outlined in this standard may result in civil or criminal consequences, depending on the nature and severity of the non-compliance. While specific penalties are not detailed in the provided text, breaches of similar standards under the Fuel Quality Standards Act 2000 can lead to fines and other penalties. For example, non-compliance with fuel quality standards can result in substantial fines, and repeated or serious breaches may lead to more severe penalties, including potential criminal charges. The exact penalties would depend on the specific circumstances and any applicable regulations or amendments.

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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.