Commonwealth of Australia
Liquid Fuel Emergency Act 1984
LIQUID FUEL EMERGENCY (ACTIVITIES – ESSENTIAL USERS) DETERMINATION 2008
Explanatory Statement
Issued by the authority of the Minister for Resources and Energy
MARTIN FERGUSON
Dated of approval: 19 September 2008
LIQUID FUEL EMERGENCY DETERMINATION 2008
Activities – Essential Users
General Outline
Section 11 of the Liquid Fuel Emergency Act 1984 (the Act) grants the Minister the power, by legislative instrument, to determine activities to identify a person or organisation as an essential user of fuel. These essential users may receive priority access to petroleum products in the event of a national liquid fuel emergency.
The purpose of the Liquid Fuel Emergency (Activities – Essential Users) Determination 2008 is to provide a predetermined list of essential user activities. This allows for greater planning and preparation, so that if a Liquid Fuel Emergency does occur, there will be an existing strategy to meet the needs of these essential users.
This Determination was made in accordance with the Liquid Fuel Emergency Act and the Liquid Fuel Emergency Guidelines 2008.
Legislative Authority
Subsection 11(3) of the Act, allows the Minister, by legislative instrument, to determine the activities for the purpose of paragraph (1)(d) of the Act to identify a person or organisation as an essential user.
The Act may be found at:
http://www.comlaw.gov.au/ComLaw/Legislation/Act1.nsf/asmade/bytitle/ADE571FE3039FD58CA256F7200158D10?OpenDocument
Once the Liquid Fuel Emergency Guidelines 2008 have been placed on the Federal Register of Legislative Instruments they can be found at:
http://www.frli.gov.au/ComLaw/legislation/legislativeinstrument1.nsf/sh/browse&CATEGORY=legislativeinstrument
Consultation
The Determination has been developed in consultation with the National Oil Supplies Emergency Committee (NOSEC), the main executive channel through which Australian governments, in cooperation with industry, formulate the overall management response to a national liquid fuel emergency.
In determining a Direction under this section, either immediately prior to or during an LFE, the Minister will consult with state and territory jurisdictions and relevant fuel industry corporations.
Financial Implications
There are no financial implications.
Date of Effect
The Determination will commence on the day after they are registered on the Federal Register of Legislative Instruments.
Notes on Provisions
Clause 1 – Name of Guidelines
This prescribes the name of the Determination as the Liquid Fuel Emergency (Activities – Essential Users) Determination 2008.
Clause 2 - Commencement
Clause 2 provides for the Determination to commence on the day after they are registered.
Clause 3 - Definitions
Clause 3 provides a list of definitions for the purpose of this Determination.
Clause 4 – Determination of activities
Clause 4 lists the activities which are determined to be activities of essential users, these are:
(a) a police service;
(b) a corrective service;
(c) a fire or rescue service;
(d) an ambulance service;
(e) a State Emergency Service or and equivalent organisation;
(f) a public transport service; and
(g) a taxi service.