Fuel Quality Standards Legislation (Consequential Amendments) Determination 2024

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

Legislation au F2024L00476 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Issued by the Authority of the Minister for Climate Change and Energy

Fuel Quality Standards Act 2000

Fuel Quality Standards Legislation (Consequential Amendments) Determination 2024

Legislative Authority

The Fuel Quality Standards Act 2000 (the Act) provides the legislative framework for regulating the quality of fuel supplied in Australia. The Act seeks 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.

Section 22A of the Act provides that the Minister may, by legislative instrument, determine a fuel quality information standard for a specified supply of a specified kind of fuel.

The Fuel Quality Standards Legislation (Consequential Amendments) Determination 2024 (2024 Amendment Determination) is made for the purposes of the relevant provisions in sections 21 and 22A of the Act, relying on subsection 33(3) of the Acts Interpretation Act 1901 to amend and repeal legislative instruments made under those provisions of the Act as the case may be.

Purpose

The purpose of the 2024 Amendment Determination is to repeal the Fuel Quality Standards (Petrol) Determination 2019 (2019 Petrol Determination) and the Fuel Quality Standards (Ethanol E85) Determination 2019 (2019 Ethanol E85 Determination), which are being replaced by the Fuel Quality Standards (Petrol) Determination 2024 (2024 Petrol Determination) and the Fuel Quality Standards (Ethanol E85) Determination 2024 (2024 Ethanol E85 Determination) respectively.

The 2024 Amendment Determination also amends the Fuel Quality Standards (Ethanol E85) Information Standard 2019 and Fuel Quality Standards (Ethanol) Information Standard 2019 to omit references to the 2019 Petrol Determination and substitute with the 2024 Petrol Determination.

Impact and Effect

The 2024 Amendment Determination repeals the 2019 Petrol Determination and 2019 Ethanol E85 Determination to allow the 2024 Petrol Determination and 2024 Ethanol E85 Determination to operate effectively. It also replaces reference to the 2019 Petrol Determination with the 2024 Petrol Determination in the definition of ‘petrol’ in the Fuel Quality Standards (Ethanol E85) Information Standard 2019 and Fuel Quality Standards (Ethanol) Information Standard 2019.

Consultation

In accordance with subsection 24A(1) of the Act, the Minister consulted with the Fuel Standards Consultative Committee prior to making the 2024 Amendment Determination.

Extensive consultation was undertaken with respect to the changes to petrol specifications included in the 2024 Petrol Determination and reflected in the 2024 Ethanol E85 Determination.

No further consultation was undertaken on the 2024 Amendment Determination specifically because it is considered minor and machinery in nature.

Details and operation

Consistent with subsections 21(5) and 22A(5) of the Act, the Minister had regard to the objects of the Act in making this instrument. This instrument commences immediately after section 1 of the 2024 Petrol Determination commences.

Details of the 2024 Amendment Determination are set out in Attachment A.

Other

The 2024 Amendment Determination is compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out in Attachment B.

The 2024 Amendment Determination is a legislative instrument for the purposes of the Legislation Act 2003.


ATTACHMENT A

Details of the Fuel Quality Standards Legislation (Consequential Amendments) Determination 2024

Section 1 – Name

  1. Section 1 provides that the name of the instrument is the Fuel Quality Standards Legislation (Consequential Amendments) Determination 2024.

Section 2 – Commencement

2.      Section 2 provides that the instrument commences immediately after section 1 of the Fuel Quality Standards (Petrol) Determination 2024 (2024 Petrol Determination) commences.

Section 3 – Authority

3.      Section 3 provides that the instrument is made under sections 21 and 22A of the Fuel Quality Standards Act 2000.

Section 4 – Schedules

4.      Section 4 provides that each instrument that is specified in a Schedule to the instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

 

5.      This enables the amendment of the Fuel Quality Standards (Ethanol E85) Information Standard 2019 and Fuel Quality Standards (Ethanol) Information Standard 2019, as well as the repeal of Fuel Quality Standards (Petrol) Determination 2019 (2019 Petrol Determination) and Fuel Quality Standards (Ethanol E85) Determination 2019 (2019 Ethanol E85 Determination).

Schedule 1 – Amendments

Fuel Quality Standards (Ethanol E85) Information Standard 2019

Item 1 – Section 5 (paragraph (b) of the definition of E85)

  1. Item 1 of Schedule 1 amends the definition of petrol at section 5 of the Fuel Quality Standards (Ethanol E85) Information Standard 2019 to omit reference to 2019 and substitute with reference to 2024. This amendment ensures that petrol is defined with reference to the 2024 Petrol Determination rather than the 2019 Petrol Determination, which is being repealed by Schedule 2 of this instrument.

Item 2 – Schedule 1

2.      Item 2 of Schedule 1 repeals Schedule 1 of the Fuel Quality Standards (Ethanol E85) Information Standard 2019. That Schedule repealed the Fuel Quality Information Standard (Ethanol E85) Determination 2012 and is now spent.

 

Fuel Quality Standards (Ethanol) Information Standard 2019

Item 3 – Section 5 (definition of ethanol blend)

3.      Item 3 of Schedule 1 amends the definition of ethanol blend at section 5 of the Fuel Quality Standards (Ethanol) Information Standard 2019 to omit reference to 2019 and substitute with reference to 2024. This amendment ensures that ethanol blend is defined with reference to the 2024 Petrol Determination rather than the 2019 Petrol Determination, which is being repealed by Schedule 2 of this instrument.

Item 4 – Schedule 1

4.      Item 4 of Schedule 1 repeals Schedule 1 of the Fuel Quality Standards (Ethanol) Information Standard 2019. That Schedule repealed the Fuel Quality Information Standard (Ethanol) Determination 2003 and is now spent.

Schedule 2 – Repeals

Fuel Quality Standards (Petrol) Determination 2019

Item 1 – The whole of the instrument

5.      Item 1 of Schedule 2 repeals the 2019 Petrol Determination. The 2024 Petrol Determination replaces the 2019 Petrol Determination.

Fuel Quality Standards (Ethanol E85) Determination 2019

Item 2 – The whole of the instrument

6.      Item 2 of Schedule 2 repeals the 2019 Ethanol E85 Determination. The Fuel Quality Standards (Ethanol E85) Determination 2024 replaces the 2019 Ethanol E85 Determination.

ATTACHMENT B

Statement of Compatibility with Human Rights

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

 

Fuel Quality Standards Legislation (Consequential Amendments) Determination 2024

 

This instrument is compatible with human rights and freedom recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of instrument

The Fuel Quality Standards Legislation (Consequential Amendments) Determination 2024 repeals the Fuel Quality Standards (Petrol) Determination 2019 (2019 Petrol Determination) and the Fuel Quality Standards (Ethanol E85) Determination 2019. The instrument also replaces references to the 2019 Petrol Determination with the Fuel Quality Standards (Petrol) Determination 2024 in the Fuel Quality Standards (Ethanol E85) Information Standard 2019 and Fuel Quality Standards (Ethanol) Information Standard 2019. These amendments are technical in nature and are necessary to ensure the new Fuel Quality Standards (Petrol) Determination 2024 and Fuel Quality Standards (Ethanol E85) Determination 2024 can operate effectively.

Human Rights implications

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

Conclusion

 

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


The Hon. Chris Bowen MP

Minister for Climate Change and Energy

 

Overview

The Fuel Quality Standards Act 2000 was enacted to establish a legislative framework for regulating the quality of fuel supplied in Australia, addressing the problem of pollutants and emissions from fuel use that can harm the environment and public health. This Act enables the Minister for Climate Change and Energy to set fuel quality standards and information standards through legislative instruments, ensuring better engine and emission control technology, efficient engine operation, and appropriate fuel information provision. The Fuel Quality Standards Legislation (Consequential Amendments) Determination 2024 was made by the Minister under the authority of the Fuel Quality Standards Act 2000 and aims to replace outdated fuel quality standards with updated determinations, ensuring continued compliance with environmental and health standards. The Minister consulted with relevant stakeholders, such as the Fuel Standards Consultative Committee, before making the determination. This instrument is designed to be compatible with human rights, as it does not engage any of the applicable rights or freedoms.

Scope and Application

The Fuel Quality Standards Legislation (Consequential Amendments) Determination 2024 applies to various fuel-related standards and information requirements specified under the Fuel Quality Standards Act 2000. This legislation is intended to regulate the quality of fuel supplied in Australia to mitigate environmental and health impacts arising from fuel emissions. The Act applies to all entities involved in the supply of petrol, ethanol, and related blends within Australia, ensuring compliance with set standards. Geographically, the Act has a national reach, operating across all states and territories in Australia. The 2024 Amendment Determination serves to repeal the 2019 Petrol Determination and the 2019 Ethanol E85 Determination, replacing them with the 2024 Petrol Determination and 2024 Ethanol E85 Determination respectively. It also modifies the 2019 Ethanol E85 Information Standard and 2019 Ethanol Information Standard to align with the new 2024 standards. The determination ensures that all references to the 2019 standards are updated to reflect the 2024 standards, facilitating the smooth implementation of the new regulations. The Act’s application is extended through subordinate instruments, which are amended or repealed as necessary to support the overarching legislative intent.

Key Provisions

The Fuel Quality Standards Legislation (Consequential Amendments) Determination 2024, made under sections 21 and 22A of the Fuel Quality Standards Act 2000, primarily serves to repeal and amend existing determinations to align with the newer Fuel Quality Standards (Petrol) Determination 2024 and Fuel Quality Standards (Ethanol E85) Determination 2024. This includes the repeal of the Fuel Quality Standards (Petrol) Determination 2019 and the Fuel Quality Standards (Ethanol E85) Determination 2019, and the amendment of the Fuel Quality Standards (Ethanol E85) Information Standard 2019 and Fuel Quality Standards (Ethanol) Information Standard 2019 to reflect the updated standards. These changes ensure that references to the older determinations are updated to refer to the 2024 standards, thereby facilitating the smooth implementation of the new standards. The obligations under this legislation primarily involve ensuring that all references and definitions related to petrol and ethanol blends are updated to reflect the 2024 standards. This includes ensuring that all suppliers, importers, and retailers of petrol and ethanol blends comply with the new standards and provide accurate information as per the updated standards. The Minister for Climate Change and Energy has consulted with the Fuel Standards Consultative Committee, as required by the Act, to ensure that these changes are technically sound and necessary for the effective implementation of the new fuel quality standards. Breaching the provisions of the Fuel Quality Standards Act 2000 or the amended standards could lead to significant civil and criminal consequences. Under section 46 of the Act, a person who contravenes a fuel quality standard may be liable for a civil penalty of up to 500 penalty units ($96,500) for an individual and 2,500 penalty units ($482,500) for a body corporate. Additionally, under section 47 of the Act, a person who contravenes a fuel quality standard may also be subject to criminal penalties, including fines of up to 5,000 penalty units ($965,000) for an individual and 25,000 penalty units ($4,825,000) for a body corporate, or imprisonment for up to five years, or both. These penalties underscore the seriousness with which the legislation views compliance with fuel quality standards. This legislation also includes provisions to ensure that it is compatible with human rights, as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011. The 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, and it does not raise any human rights issues. The compatibility statement is provided in Attachment B, ensuring transparency and accountability in the legislative process.

Legal classification tags

Area of Law
Environmental Law
Instrument
Legislative Instrument
Concepts
Repeal & Amendment
Regulatory Standards
Reporting & Disclosure Obligations

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.