Fuel Quality Standards Regulations 2001
Statutory Rules No. 236, 2001
made under the
Fuel Quality Standards Act 2000
Compilation No. 9
Compilation date: 15 August 2017
Includes amendments up to: F2017L01029
Registered: 15 August 2017
About this compilation
This compilation
This is a compilation of the Fuel Quality Standards Regulations 2001 that shows the text of the law as amended and in force on 15 August 2017 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
Part 1—Preliminary
1 Name of Regulations
3 Definitions
Part 2—Regulation of fuel and fuel additives
4 Application for approval
5 Application fee
6 Exemption from paying application fee
6A Refund of application fee
7 Informing people of obligations
7A Fuel documentation
Part 3—The Committee
8 Application of Part 3
9 Term of appointment
10 Disclosure of interests
11 Resignation
12 Termination of appointment
13 Leave of absence
Part 4—The Register
14 Publishing notices
Part 5—Enforcement
Division 5.1—Identity cards
15 Form of identity cards
Division 5.2—Samples
16 Procedures for dealing with samples
17 Taking samples
18 Identification of samples
19 Method of securing samples
20 Payment for samples
21 Accredited laboratories
22 Accredited persons
23 Authorised persons
Division 5.3—Infringement notices
23A Other matters to be included in infringement notices
23B Ways of giving infringement notices
23C Payment by instalments
23D Admissions in representations for withdrawal of infringement notice
23E Evidence for proceedings
23F Matters not to be taken into account in determining penalty
23G Payment of penalty by cheque
Part 6—Record keeping and reporting obligations
24 Record keeping
25 Records for suppliers who produce or blend fuels
26 Records…
Overview
The Fuel Quality Standards Regulations 2001, enacted by the Commonwealth Parliament under the authority of the Fuel Quality Standards Act 2000, aim to establish and enforce standards for fuel quality to protect the environment, public health, and consumer interests. These regulations provide the administrative framework for setting, approving, and enforcing fuel quality standards. They include provisions for the application process for approvals, fees, and exemptions, as well as requirements for record-keeping and reporting by fuel suppliers. The regulations also detail the enforcement mechanisms, including the use of identity cards for inspectors, procedures for taking and handling samples, and the issuance and payment of infringement notices. Furthermore, they establish the Fuel Standards Consultative Committee, outlining its composition, term of office, and procedures for handling conflicts of interest. These regulations are crucial in ensuring that fuel supplied in Australia meets specific quality standards that safeguard environmental and public health while also protecting consumer interests.
Scope and Application
The Fuel Quality Standards Regulations 2001 apply to the regulation of fuel and fuel additives, including the approval process, fees, exemptions, and documentation requirements. This regulation applies to the Commonwealth of Australia and sets out the obligations for various stakeholders including fuel producers, importers, distributors, and service station operators. There are no exclusions explicitly stated in the regulations. Certain aspects of the application and enforcement of the regulations may be extended or restricted through subordinate instruments. For example, the application fee for approvals can be subject to exemptions and refunds under specific circumstances. Additionally, the enforcement provisions allow for the issuance of infringement notices and the establishment of procedures for dealing with samples. The regulations also outline the record-keeping and reporting obligations for different types of fuel suppliers.
Key Provisions
- The Fuel Quality Standards Regulations 2001, which are made under the Fuel Quality Standards Act 2000, detail the various requirements for the regulation of fuel and fuel additives in Australia. The regulations define key terms such as "blend," "bulk facility," and "vehicle," and outline the specific requirements for applications for approval to supply fuel, including the need for detailed information on the applicant's circumstances, the nature of the fuel, and its potential impact on the environment and public health. The regulations also set out the fees for applications and the circumstances under which an exemption from or refund of these fees may be granted. Additionally, they specify the obligations of fuel suppliers to inform regulated persons of any conditions or variations to their approvals and to maintain detailed records of fuel supplies, including production, importation, and distribution details.
- The obligations imposed by these regulations extend to the members of the Fuel Standards Consultative Committee, whose terms of appointment, disclosure of interests, resignation procedures, and grounds for termination are clearly defined. The regulations also detail the procedures for the enforcement of the Act, including the taking of samples, the role of inspectors, and the requirements for accredited laboratories and persons. Infringement notices are addressed, with provisions for payment by instalments and the handling of evidence in proceedings. Record-keeping and reporting obligations are comprehensive, requiring suppliers to maintain detailed records of fuel transactions and submit annual statements to the Secretary.
- The regulations also include provisions for the disclosure of information obtained under the Act, delegation of powers, and the application of amendments made by subsequent legislation. Offences and penalties for breaches of the regulations are implied under the overarching Act, with potential civil or criminal consequences for non-compliance. The specific penalties are not detailed within these regulations but are likely to be defined within the Act itself or in associated legislative instruments.
- Area of Law
- Environmental Law
- Instrument
- Regulation
- Concepts
- Definitions & Interpretation
- Enforcement Powers
- Compliance Obligations
- Reporting & Disclosure Obligations
- Delegation of Minister’s powers and functions
