Fuel Standard (Automotive Diesel) Determination 2001

Overview

The Fuel Standard (Automotive Diesel) Determination 2001, made under the Fuel Quality Standards Act 2000, was introduced to establish quality standards for automotive diesel sold in Australia. This legislation was enacted to address the need for regulating fuel quality to ensure environmental protection and engine efficiency. The Act was passed by the Australian Parliament and its policy objective is to improve air quality and engine performance by setting stringent standards for the composition of automotive diesel. The Determination outlines various parameters, such as sulfur content, cetane number, and distillation temperature, that must be met by diesel fuel to ensure it meets the required quality standards. The Determination has been amended over the years to progressively tighten these standards, most recently with the Fuel Standard (Automotive Diesel) Amendment Determination 2009 (No. 1).

Scope and Application

The Fuel Standard (Automotive Diesel) Determination 2001, made under the Fuel Quality Standards Act 2000, applies to automotive diesel sold in Australia. It sets out the quality standards for automotive diesel to ensure that it meets specific criteria regarding its composition and properties, thereby protecting the environment and ensuring the efficient and safe operation of diesel engines. The determination applies to all entities involved in the production, importation, supply, and distribution of automotive diesel in Australia, encompassing both domestic and imported diesel. It sets forth specific standards for the sulfur content, ash content, polycyclic aromatic hydrocarbons (PAH), biodiesel content, cetane index, density, distillation temperature, and viscosity of diesel. The determination also outlines the testing methods to be used for compliance verification and establishes operability standards for various parameters to ensure the effective operation of diesel engines. The legislation is amended through subordinate instruments, with the most recent amendment being the Fuel Standard (Automotive Diesel) Amendment Determination 2009 (No. 1), which came into effect on 21 February 2009.

Key Provisions

The Fuel Standard (Automotive Diesel) Determination 2001, as amended, sets out the fuel quality standards for automotive diesel. This Determination includes provisions regarding the fuel standard for diesel, the testing methods for compliance, and the operability standards for diesel. Under section 3, diesel must meet certain standards for various substances and parameters, including sulfur content, ash content, polycyclic aromatic hydrocarbons, biodiesel content, distillation temperature, cetane index, density, and viscosity. These standards are set to progressively reduce the permissible levels of certain substances over time, with the aim of improving fuel quality and reducing emissions. The Determination imposes obligations on fuel suppliers, importers, and other relevant parties to ensure that their diesel complies with the fuel standard and operability standards set out in the Determination. This includes the requirement to use specified testing methods to determine compliance. For instance, section 4 outlines the testing methods for various substances and parameters, such as ASTM D482 for ash content and ASTM D5453 for sulfur content. Compliance with these testing methods is essential for ensuring that diesel meets the required standards. Breaches of the Fuel Standard (Automotive Diesel) Determination 2001 may result in civil or criminal penalties. The specific penalties are not detailed within the Determination itself but are likely to be outlined in the primary legislation under which the Determination was made, the Fuel Quality Standards Act 2000. Under this Act, penalties for breaches can include fines and, in some cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as any relevant jurisdictional factors.