Fuel Standard (Diesel) Amendment Determination 2001 (No. 1)

Overview

The Fuel Standard (Diesel) Amendment Determination 2001 (No. 1) was enacted to amend the Fuel Standard (Diesel) Determination 2001. This Determination was introduced to address the need for more precise and standardised testing methods for diesel fuel quality, ensuring consistency and reliability in the assessment of diesel fuel parameters. The Minister for the Environment and Heritage, Robert Murray Hill, made this Determination under section 21 of the Fuel Quality Standards Act 2000. The policy objective of this amendment was to enhance the accuracy and reliability of diesel fuel quality testing by specifying the use of American Society for Testing and Materials (ASTM) or Institute of Petroleum (IP) testing methods for various substances and parameters in diesel. This Determination came into effect on 1 January 2002, and it provides a clear framework for the testing methods to be employed, thereby ensuring that the quality standards for diesel fuel are met consistently.

Scope and Application

The Fuel Standard (Diesel) Amendment Determination 2001 (No. 1) is a legislative instrument made under the authority of the Minister for the Environment and Heritage, and it applies to the standards governing the quality of diesel fuel. This Determination, which came into effect on 1 January 2002, amends the Fuel Standard (Diesel) Determination 2001 to adjust certain technical specifications regarding the allowable content of substances in diesel and the methods by which these contents must be tested. It applies to all entities involved in the production, importation, and distribution of diesel fuel within Australia. The amendment focuses on ensuring that diesel fuel adheres to specified standards to improve environmental outcomes and public health. Notably, the Determination mandates the use of specific ASTM or IP testing methods for various substances and parameters in diesel, ensuring consistency and reliability in compliance assessment. The scope of this Amendment Determination is national, impacting all stakeholders across the Commonwealth of Australia.

Key Provisions

The main operative sections of the Fuel Standard (Diesel) Amendment Determination 2001 (No. 1) are the provisions that directly amend the Fuel Standard (Diesel) Determination 2001. Specifically, section 3 of this Determination amends subsection 3(2) by omitting the word "evaporated" and inserting "been recovered" (Schedule 1, amendment [1]). Additionally, a new section is inserted after section 3, providing detailed testing methods for various substances and parameters in diesel (Schedule 1, amendment [2]). These amendments are designed to ensure that the testing methods used to determine the amount of specific substances or parameters in diesel are consistent and reliable. The obligations and requirements imposed by the Fuel Standard (Diesel) Amendment Determination 2001 (No. 1) primarily revolve around the testing and measurement of substances and parameters in diesel. Section 3 mandates that specific American Society for Testing and Materials (ASTM) or Institute of Petroleum (IP) testing methods must be used to determine the amount of substances such as ash and suspended solids, sulfur, cetane index, density, distillation temperature, and viscosity in diesel. This ensures that the fuel meets the required standards and specifications, thereby maintaining quality and consistency in the diesel fuel supplied to the market. The Fuel Standard (Diesel) Amendment Determination 2001 (No. 1) does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches of its provisions. However, under the Fuel Quality Standards Act 2000, non-compliance with fuel quality standards can lead to significant penalties. These may include fines and potential criminal charges for serious breaches. The exact penalties for non-compliance are not detailed in this Determination but are governed by the overarching Act and other relevant regulations. It is essential for parties governed by this Determination to adhere strictly to the specified testing methods to avoid any legal repercussions under the broader legislative framework.