Fuel Standard (Diesel) Amendment Determination 2002 (No. 1)
I, DAVID ALISTAIR KEMP, Minister for the Environment and Heritage, make this Determination under section 21 of the Fuel Quality Standards Act 2000.
Dated 15 October 2002
DAVID KEMP
Minister for the Environment and Heritage
1 Name of Determination
This Determination is the Fuel Standard (Diesel) Amendment Determination 2002 (No. 1).
2 Commencement
This Determination commences on 16 October 2002.
3 Amendment of Fuel Standard (Diesel) Determination 2001
Schedule 1 amends the Fuel Standard (Diesel) Determination 2001.
Schedule 1 Amendments
(section 3)
Do not delete: Schedule Part Placeholder
[1] Section 1
substitute
1 Name of Determination
This Determination is the Fuel Standard (Automotive Diesel) Determination 2001.
[2] After section 2
insert
2A Definition
In this Determination:
diesel means automotive diesel.
[3] After section 4
insert
5 Operability standards for diesel
(1) To allow the more effective operation of engines, diesel of a kind mentioned in an item of the following table must, in relation to the parameter mentioned in that item, comply with the specification for that parameter mentioned in that item.
(2) For subsection (1), a parameter of diesel of a kind mentioned in an item of the table complies with the specification for that item only if that is the result after the diesel has been tested, in relation to that parameter, using the American Society for Testing and Materials (ASTM) or Institute of Petroleum (IP) method of testing mentioned in that item.
Item | Kind of diesel | Parameter | Specification | Referee test method |
1 | All diesel | Carbon residue (10% distillation residue) | 0.2 mass % maximum | ASTM D4530 |
2 | All diesel | Water and sediment | 0.05 vol % maximum | ASTM D2709 |
3 | All diesel held by a terminal or refinery for sale or distribution | Conductivity at ambient temperature | 50 per pS/m minimum at ambient temperature | ASTM D2624 |
4 | All diesel | Oxidation stability | 25 mg/l maximum | ASTM D2274 |
5 | All diesel | Colour | 2 maximum | ASTM D1500 |
6 | All diesel | Copper corrosion (3 hours at 50°C) | Class 1 maximum | ASTM D130 |
7 | All diesel | Flash point | 61.5°C minimum | ASTM D93 |
8 | All diesel | Filter blocking tendency | 2.0 maximum | IP 387 |
9 | All diesel containing less than 500 ppm sulfur | Lubricity | 0.460 mm maximum | IP 450 |
Overview
The Fuel Standard (Diesel) Amendment Determination 2002 (No. 1) was made under the authority of the Fuel Quality Standards Act 2000, with David Alistair Kemp, the Minister for the Environment and Heritage, acting as the enacting authority. This Determination was introduced to address the need for updated standards concerning the quality of diesel fuel sold in Australia. It aims to ensure that diesel fuel meets certain quality specifications to allow for more effective engine operation and reduce potential environmental harm. This Amendment Determination came into effect on 16 October 2002 and amends the previously established Fuel Standard (Diesel) Determination 2001 by introducing new parameters and testing methods to ensure compliance with quality standards for diesel fuel.
Scope and Application
The Fuel Standard (Diesel) Amendment Determination 2002 (No. 1) applies to diesel fuel, specifically automotive diesel, and regulates its quality standards to ensure efficient engine operation. This Determination is an amendment to the Fuel Standard (Diesel) Determination 2001 and sets forth specific parameters such as carbon residue, water and sediment content, conductivity, oxidation stability, colour, copper corrosion, flash point, and filter blocking tendency. Compliance with these standards is mandatory for all diesel fuel, with specific testing methods prescribed for each parameter to ensure uniformity in testing and compliance verification. This Determination applies on a national level, as it is made under the Commonwealth's Fuel Quality Standards Act 2000, impacting all entities dealing with diesel fuel across Australia. The Determination does not explicitly state exclusions or exemptions, but it does allow for the application of subordinate instruments to extend or restrict its reach.
Key Provisions
The Fuel Standard (Diesel) Amendment Determination 2002 (No. 1) amends the Fuel Standard (Diesel) Determination 2001, effective from 16 October 2002. Section 1 renames the Determination as the Fuel Standard (Automotive Diesel) Determination 2001, and Section 2 introduces a definition for "diesel" as automotive diesel. Section 5 outlines the operability standards for diesel, specifying the required parameters and their respective acceptable limits for various types of diesel. The parameters include carbon residue, water and sediment, conductivity, oxidation stability, colour, copper corrosion, flash point, and filter blocking tendency. Each parameter must meet the specified standards after testing using the designated American Society for Testing and Materials (ASTM) or Institute of Petroleum (IP) methods.
The Act imposes specific obligations on parties or entities involved in the production, sale, or distribution of diesel fuel. Manufacturers, importers, and suppliers must ensure that the diesel they produce, import, or supply meets the specified operability standards outlined in the amended Determination. This includes compliance with the parameters and testing methods prescribed in Section 5 of the Determination. Any deviations from these standards can result in non-compliance, leading to potential legal repercussions. The determination ensures that diesel fuel available in the market is of a certain quality, ensuring better engine performance and reducing environmental impact.
Breach of the provisions outlined in the Fuel Standard (Diesel) Amendment Determination 2002 (No. 1) may lead to various consequences. While the Determination does not explicitly state penalties or specific consequences for non-compliance, breaches of fuel quality standards under the Fuel Quality Standards Act 2000 can result in civil and criminal penalties. Under the Act, penalties for non-compliance can include fines and, in severe cases, imprisonment. The exact penalties may vary depending on the severity of the breach and other relevant factors. Compliance with the standards is crucial to avoid these legal consequences and ensure the quality and safety of diesel fuel in the market.