Fuel Standard (Automotive Diesel) Amendment Determination 2005 (No. 1)

Administered by Department of the Environment and Energy

Legislation au F2005L01417 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

 

ISSUED BY AUTHORITY OF THE

MINISTER FOR THE ENVIRONMENT AND HERITAGE

 

 

Subject - Fuel Quality Standards Act 2000

  Fuel Standard (Petrol) Amendment Determination 2005 (No. 1)

  Fuel Standard (Automotive Diesel) Amendment Determination 2005
  (No. 1)

 

Section 21 of the Fuel Quality Standards Act 2000 (the Act) provides that the Minister for the Environment and Heritage may, in writing, determine that specified matters constitute a fuel standard in respect of a specified kind of fuel.  Fuel standards have been set for Petrol, Diesel, Biodiesel and Autogas in Determinations under the Act. 

 

The Fuel Standard (Petrol) Determination 2001 and the Fuel Standard (Automotive) Diesel Determination 2001 require amendment to correct an error that occurred with the standard for Diesel Density when the original Determination was made and to provide only one test method against each parameter listed in the standard.  There are currently a number of test methods listed against some of the parameters specified.

 

Details of the proposed amendments are provided in Attachment A. 

 

Under Section 24 of the Act, the Minister must consult the Fuel Standards Consultative Committee before making a determination under Section 21.  The Committee was initially consulted at its meeting on 16 June 2004 and recommended that the proposed amendments proceed.

 

The proposed amendments would take effect the day after the Amendment Determinations are registered. 

 

 

 

 

 

 

    Authority:

    Section 21 of the Fuel Quality Standards Act 2000


Attachment A

 

Details of the proposed amendments to the Fuel Standard (Petrol) Determination 2001 and the Fuel Standard (Automotive Diesel) Determination 2001

 

Fuel Standard (Petrol) Amendment Determination 2005 (No. 1)

 

Section 1:  Name of Determination

Names the amended Determination as the Fuel Standard (Petrol) Amendment Determination 2005 (No. 1).

 

Section 2:  Commencement

Provides that the proposed amendments to the Determination come into effect on the day after the Amendment Determination is registered.

 

Section 3:  Amendment of Fuel Standard (Petrol) Determination 2001

Provides that Schedule 1 of the proposed Amendment Determination amends the Fuel Standard (Petrol) Determination 2001 (the Principal Determination).

 

Schedule 1 Amendments (Section 3)

 

[1]  Section 2A, before the definition of CAS no.

Inserts the name of the American Society for Testing and Materials standards development organisation into the list of definitions under this section.

 

[2]  Section 4:  Testing methods

Amends the list of testing methods against the parameters in the Principal Determination to provide for only one test method per fuel parameter specified. 

 

When the Determination was originally made in 2001, all potential testing methods that could be used to determine the levels for each of the parameters were listed in the Determination.  It was thought that this was necessary to facilitate the test methods currently being used by all areas of the industry.  Consultation with industry has since indicated, however, that what was needed was an indication of which testing method was to be used by the Commonwealth’s testing laboratories to determine compliance. 

 

Fuel Standard (Automotive Diesel) Amendment Determination 2005 (No. 1)

 

Section 1:  Name of Determination

Names the amended Determination as the Fuel Standard (Automotive Diesel) Amendment Determination 2005 (No. 1).

 

Section 2:  Commencement

Provides that the proposed amendments to the Determination come into effect on the day after the Amendment Determination is registered.

 

Section 3:  Amendment of Fuel Standard (Automotive Diesel) Determination 2001

Provides that Schedule 1 of the proposed Amendment Determination amends the Fuel Standard (Automotive Diesel) Determination 2001 (the Principal Determination).

 

Schedule 1 Amendments (Section 3)

 

[1]  Section 2A, before the definition of CAS no.

Inserts the name of the American Society for Testing and Materials standards development organisation into the list of definitions under this section.

 

[2]  Subsection 3(2)

Amends the levels specified for the diesel distillation temperature at which 95% has been recovered.  When the Principal Determination was made in 2001, the levels agreed by Government for the T95 distillation were not correctly recorded in the Determination.  It was intended that the standard for T95 distillation in diesel would harmonise with the Euro 2 standard in 2002 and then be tightened to harmonise with the Euro 3 standard in 2006.

 

The error resulted in a slight relaxation of the standard that was originally intended.  The amendment will result in the correct standard of 370O applying from 1 January 2005 which will tighten as intended to 360O from 2006.  The standard will, however, not apply retrospectively leaving the current level of 371O.

 

[3]  Section 4:  Testing methods

Amends the list of testing methods against the parameters in the Principal Determination to provide for only one test method per fuel parameter specified. 

 

When the Determination was originally made in 2001, all potential testing methods that could be used to determine the levels for each of the parameters were listed in the Determination.  It was thought that this was necessary to facilitate the test methods currently being used by all areas of the industry.  Consultation with industry has since indicated, however, that what was needed was an indication of which testing method was to be used by the Commonwealth’s testing laboratories to determine compliance. 

 

The Principal Determination does not presently specify a test method for PAHs (polycyclic aromatic hydrocarbons).  The amendments will also insert a test method for this diesel parameter.

 

[4]  Subsection 5(2)

Amends the title of the ASTM standards development organisation from “the Amercian Society for Testing and Materials (ASTM)” to “ASTM international”.

 

 

 

 

 

Overview

The Fuel Quality Standards Act 2000, enacted by the Australian Parliament, was introduced to ensure that fuel quality standards are set and maintained for petrol, diesel, biodiesel, and autogas. This legislation allows the Minister for the Environment and Heritage to determine fuel standards through written determinations, thereby providing a regulatory framework to uphold environmental and health standards related to fuel quality. The Act aims to correct any errors in the initial determinations and to streamline the testing methods for fuel parameters, ensuring consistency and clarity for industry compliance. The Fuel Standard (Petrol) Amendment Determination 2005 (No. 1) and the Fuel Standard (Automotive Diesel) Amendment Determination 2005 (No. 1) were introduced to rectify an error in the diesel density standard and to align with the intended tightening of the diesel distillation temperature standards, as well as to standardise the testing methods for better clarity and industry compliance. These amendments were made following consultations with the Fuel Standards Consultative Committee and reflect a commitment to maintaining high standards of fuel quality.

Scope and Application

The Fuel Quality Standards Act 2000, as amended by the Fuel Standard (Petrol) Amendment Determination 2005 (No. 1) and the Fuel Standard (Automotive Diesel) Amendment Determination 2005 (No. 1), applies to the quality standards of petrol and automotive diesel sold in Australia. The Act applies to fuel producers, suppliers, and importers within Australia, encompassing entities that manufacture, distribute, or sell petrol and automotive diesel. The amendments specifically target the correction of an error in the diesel density standard and the provision of a single test method for each fuel parameter to ensure clarity and uniformity in compliance testing. The changes come into effect on the day after the Amendment Determinations are registered, extending across the Commonwealth. The amendments do not apply retrospectively and do not introduce any new exclusions or exemptions. The application of the Act can be further extended or restricted through subordinate instruments, which would detail specific compliance requirements and enforcement mechanisms.

Key Provisions

The Fuel Standard (Petrol) Amendment Determination 2005 (No. 1) and the Fuel Standard (Automotive Diesel) Amendment Determination 2005 (No. 1) amend the existing fuel standards for petrol and diesel respectively, correcting errors and streamlining the testing methods. Section 3 of the Fuel Standard (Petrol) Amendment Determination 2005 (No. 1) amends the definition of certain terms by inserting the name of the American Society for Testing and Materials standards development organisation into the list of definitions. Section 4 of the same amendment modifies the testing methods listed against each fuel parameter, specifying only one method per parameter. The amendments to the Fuel Standard (Automotive Diesel) Determination 2001, detailed in Section 3, include inserting the name of the ASTM international into the definitions section. Section 3(2) corrects the distillation temperature levels for diesel, aligning them with the intended standards for harmonisation with the Euro 2 and Euro 3 standards. Section 4 also specifies a single test method per diesel fuel parameter, while Subsection 5(2) corrects the title of the ASTM standards development organisation to "ASTM international". The obligations imposed by these amendments require that fuel suppliers and manufacturers adhere to the specified fuel standards for petrol and diesel. They must ensure that their products meet the newly amended standards, including the corrected distillation temperature levels for diesel and the specified testing methods for each fuel parameter. Suppliers must also ensure compliance with the definitions provided in the amended determinations. The amendments impose a duty on the industry to update their testing procedures and product specifications to align with the new standards, ensuring that they use the correct test methods as specified. Breach of the amended fuel standards can result in civil or criminal penalties. Under the Fuel Quality Standards Act 2000, offences related to non-compliance with fuel standards can lead to significant penalties. For corporations, the maximum penalty can be substantial, reflecting the seriousness of non-compliance with environmental and safety regulations. Individuals responsible for ensuring compliance within their companies may also face personal penalties, including fines and potential imprisonment. Ensuring adherence to the amended fuel standards is crucial to avoid these severe consequences.

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