Fuel Standard (Ethanol E85) Determination 2012

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2012L01770 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Fuel Quality Standards Act 2000

Fuel Standard (Ethanol E85) Determination 2012

(Issued by the authority of the Parliamentary Secretary for Sustainability and Urban Water)

 

The Fuel Quality Standards Act 2000 (the Act) and the Fuel Quality Standards Regulations 2001 provide the framework for making and enforcing national fuel quality standards and fuel quality information (i.e. labelling) standards. Section 21 of the Act provides that the Minister may, in writing, determine that specified matters constitute a fuel standard in respect of a specified kind of fuel.

The purpose of this instrument, the Fuel Standard (Ethanol E85) Determination 2012 (the Determination), is to specify the matters that constitute the fuel quality standard for E85 to provide certainty for the quality of E85 supplied in Australia. The Determination sets limits for particular physical and chemical parameters of E85 fuel and sets testing methods that will be used to determine compliance with the E85 fuel standard. The specifications set out in the Determination must be met before E85 can be supplied for use in Australia.

The Minister has had regard to the objects of the Act before making the Determination, as required by section 21(5). The objects of the Act are to:

a)      regulate the quality of fuel supplied in Australia in order to:

  1. reduce the level of pollutants and emissions arising from the use of fuel that may cause environmental and health problems; and
  2. facilitate the adoption of better engine technology and emission control technology; and
  3. allow the more effective operation of engines; and

b)      ensure that, where appropriate, information about fuel is provided when the fuel is supplied.

This Determination is consistent with meeting object (a) of the Act and is in line with Australian Government objectives to harmonise with international fuel standards.

This Determination has been developed following extensive consultation with the Fuel Standards Consultative Committee[1], Federal, State and Territory government agencies, and other stakeholders including representatives of motor vehicle manufacturing, fuel retailers/suppliers, ethanol producers, consumers and environment organisations.

This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

This legislative instrument does not engage any of the applicable rights or freedoms. This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Details of the E85 Determination are set out in Attachment A. A Regulation Impact Statement describing the likely impacts of the Determination is at Attachment B.

The instrument commences on 1 November 2012 and must be complied with from that date. The commencement date has been selected to coincide with the commencement date of the Fuel Quality Information Standard (Ethanol E85) Determination 2012, which sets out the labelling requirements for the sale of E85 sold in Australia.

 


 

Attachment A

Fuel Standard (Ethanol E85) Determination 2012

Section 1: Name of Determination

This section provides that the name of the Determination is the Fuel Standard (Ethanol E85) Determination 2012.

Section 2: Commencement

This section provides that the Determination commences on 1 November 2012.

Section 3: Definitions

This section provides definitions of terms used in the Determination.

E85 is defined as a fuel blend consisting of 70–85% ethanol and petrol that meets the requirements of the Fuel Standard (Petrol) Determination 2001. This means that any percentage of ethanol between and including 70 and 85% ethanol may be present in E85.

The E85 standard will operate independently of the Fuel Standard (Petrol) Determination 2001, which allows for up to 10% ethanol in petrol (E10) and specifies the ethanol parameters for E10.

Section 4: Fuel standard for E85

This section details the chemical and physical parameters and their specifications that must be met before E85 can be supplied for use in Australia.

Section 5: Testing methods

Subsection 5(1) specifies testing methods that will be used by the Department of Sustainability, Environment, Water, Population and Communities to determine compliance with the specifications set out in section 4 of the Determination. Producers of E85 are not bound to these testing methods and may choose alternative testing methods.

Note 1 advises that testing method ASTM D4815 (version ASTM D4815-09) has been technically validated for use in the analysis of oxygenates (ethers (5 or more C atoms) and higher alcohols (C3– C8)) in blends of ethanol and unleaded petrol containing 70 to 85% ethanol. The current published ASTM D4815-09 testing method excludes E85 from its scope but does not specify why. However, this testing method is valid for assessing ethers and higher alcohols in E85 provided the standards are prepared in 80% ethanol blended with unleaded petrol. This information is supplied in the Determination for users of the testing method to be able to apply the testing method to E85.

Note 2 advises that test methods for Research Octane Number and Motor Octane Number in E85 are not yet available. The minimum targets for these parameters specified in section 4 serve as interim targets until a testing method is available. Setting minimum targets allows for engine calibration and the possibility of mandating a minimum, until a testing method is available.

Subsection 5(2) provides that compliance with the standard will be determined by application of testing methods as existing on commencement of the Determination.

[1] Required under section 24(A)(1)(b) of the Act. Section 24(A)(4) also requires the Minister to have regard to any recommendations of the Fuel Standards Consultative Committee arising out of the consultation.

Overview

The Fuel Quality Standards Act 2000, enacted by the Parliament of Australia, was introduced to establish a framework for setting and enforcing national fuel quality standards and fuel quality information standards. This legislation was designed to regulate the quality of fuel supplied in Australia to mitigate environmental and health issues arising from fuel use, promote better engine and emission control technology, and facilitate more efficient engine operation. Additionally, the Act aims to ensure that consumers are provided with appropriate information about the fuel they purchase. The Fuel Standard (Ethanol E85) Determination 2012, issued under the authority of the Parliamentary Secretary for Sustainability and Urban Water, was made to specify the quality standard for E85 fuel, ensuring that the fuel supplied in Australia meets particular physical and chemical parameters. The determination was developed following consultations with various stakeholders, including government agencies, motor vehicle manufacturers, fuel suppliers, ethanol producers, consumers, and environmental organisations, aligning with the objectives of the Act and international fuel standards.

Scope and Application

The Fuel Standard (Ethanol E85) Determination 2012 is a legislative instrument issued under the Fuel Quality Standards Act 2000. It applies to all entities involved in the production, supply, and sale of E85 fuel in Australia, ensuring that the fuel meets specific quality standards before it can be supplied for use. This includes fuel producers, fuel retailers, and suppliers of E85. The Determination applies nationally across Australia, establishing uniform standards for the quality of E85 fuel to be used in all states and territories. The Determination specifies particular physical and chemical parameters that E85 must meet and sets out the testing methods used to verify compliance with these standards. Notably, while the Department of Sustainability, Environment, Water, Population and Communities uses certain testing methods, producers of E85 have the flexibility to choose alternative methods. The instrument ensures consistency with international fuel standards and aligns with the objects of the Act, which include regulating fuel quality to reduce pollutants, facilitate better engine technology, and allow for more effective engine operation. The Determination commenced on 1 November 2012 and must be complied with from that date.

Key Provisions

The Fuel Standard (Ethanol E85) Determination 2012 (the Determination) establishes specific standards for E85 fuel, which is defined as a blend consisting of 70–85% ethanol and petrol, to ensure its quality and safety when supplied in Australia. According to Section 1, the Determination is named as such, and Section 2 specifies that it commences on 1 November 2012. Section 3 provides definitions for terms used within the Determination, clarifying the scope and application of the E85 standard. The primary parameters and specifications for E85 fuel, which must be met before the fuel can be supplied, are detailed in Section 4. Section 5 outlines the testing methods that the Department of Sustainability, Environment, Water, Population and Communities will use to ensure compliance with these standards, although producers of E85 are not restricted to these methods and may choose alternative testing methods. Under the Determination, several obligations and requirements are imposed on parties involved in the production and supply of E85 fuel. Producers must ensure that their E85 fuel meets the specified chemical and physical parameters outlined in Section 4. This includes adherence to the defined limits for various parameters such as ethanol content, benzene levels, and water content. While the Department of Sustainability, Environment, Water, Population and Communities will use specific testing methods to verify compliance, producers have the flexibility to select alternative testing methods provided they yield accurate results. Furthermore, the Determination mandates that E85 fuel must comply with the interim targets for Research Octane Number and Motor Octane Number, which serve as guidelines until specific testing methods for these parameters are established. The Determination also outlines the consequences for non-compliance with the specified standards for E85 fuel. While the Determination itself does not explicitly detail offences, penalties, or civil/criminal consequences for breach, such measures are typically governed by the overarching Fuel Quality Standards Act 2000. Under this Act, non-compliance with fuel quality standards can result in significant penalties, including fines and potential legal action. The severity of the penalties may vary depending on the nature and extent of the breach, but they are designed to enforce adherence to the quality standards and protect public health and the environment.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.