Guidelines Under Sub-Section 10 (1) of the Liquid Fuel Emergency Act 1984

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EXPLANATORY STATEMENT

STATUTORY RULES 1984 NO. 97

LIQUID FUEL EMERGENCY ACT 1984

GUIDELINES UNDER SUB-SECTION 10 (1)

Sub-section 10(1) of the Liquid Fuel Emergency Act 1984 (‘the Act’) provides that the Minister may, by instrument in writing, specify guidelines to be observed in identifying persons or organisations as bulk customers of a refined liquid petroleum product supplier in relation to a specified refined liquid petroleum product.

Sections 21 and 22 of the Act provide for the allocation of liquid fuel during a declared emergency to identified bulk customers. Under Section 10 of the Act the Minister may identify persons or organisations as bulk customers of a fuel supplier (sub-section 10 (3)), but is constrained (sub-section 10 (4)) by the guidelines made under 10 (1).

The Guidelines provide for identification as bulk customers, of fuel users with an established purchasing history of at least 15 months from their supplier and who can be expected to continue the same fuel-using activities during the planning period (Section 9) For users with new customers, identification by the Minister as a bulk customer depends on the intention to purchase the specified fuel from the supplier, the expectation of carrying-out the fuel-using activities for which the specified fuel is sought, and whether the intending user would be a customer of the supplier under normal circumstances.

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