Liquid Fuel Emergency (Activities — Essential Users) Determination 2008

Overview

The Liquid Fuel Emergency (Activities – Essential Users) Determination 2008 was enacted to provide a predetermined list of essential user activities under the Liquid Fuel Emergency Act 1984. This legislative instrument was made by the Minister for Resources and Energy, Martin Ferguson, on 19 September 2008, and it aims to ensure that in the event of a national liquid fuel emergency, priority access to petroleum products is granted to essential services that are crucial for maintaining public safety and essential functions. The enactment was carried out in consultation with the National Oil Supplies Emergency Committee and other relevant state and territory jurisdictions and fuel industry corporations to facilitate effective coordination and preparedness. There are no financial implications associated with this Determination, and it came into effect on the day after its registration on the Federal Register of Legislative Instruments.

Scope and Application

The Liquid Fuel Emergency (Activities – Essential Users) Determination 2008 applies to activities that are identified as essential in the context of a national liquid fuel emergency, as prescribed under the Liquid Fuel Emergency Act 1984. The Act grants the Minister the power to determine, through legislative instrument, activities that qualify a person or organisation as an essential user, thereby granting them priority access to petroleum products during a fuel emergency. The Determination provides a clear and predetermined list of activities that are considered essential, including police services, corrective services, fire or rescue services, ambulance services, State Emergency Services or equivalent organisations, public transport services, and taxi services. This delineation ensures that in the event of a liquid fuel emergency, there is a strategy in place to meet the needs of these critical services. The scope of the Determination is national, applicable across the Commonwealth of Australia, and its application is governed by the Liquid Fuel Emergency Act and the Liquid Fuel Emergency Guidelines 2008. There are no financial implications associated with this Determination, and it comes into effect on the day following its registration on the Federal Register of Legislative Instruments.

Key Provisions

Section 11 of the Liquid Fuel Emergency Act 1984 (the Act) authorises the Minister to determine by legislative instrument the activities that identify a person or organisation as an essential user of fuel. These essential users are granted priority access to petroleum products in the event of a national liquid fuel emergency. The Liquid Fuel Emergency (Activities – Essential Users) Determination 2008 lists specific activities, enabling greater preparedness and ensuring that an existing strategy is in place to meet the needs of these essential users during an emergency. The activities identified include police services, corrective services, fire or rescue services, ambulance services, State Emergency Services or equivalent organisations, public transport services, and taxi services. This determination was made in accordance with the Act and the Liquid Fuel Emergency Guidelines 2008. The Act imposes obligations on the Minister to consult with state and territory jurisdictions and relevant fuel industry corporations when determining a direction under this section, either immediately prior to or during a Liquid Fuel Emergency. This ensures a coordinated response across different levels of government and industry. Furthermore, the Act mandates that the Minister develop the Determination in consultation with the National Oil Supplies Emergency Committee (NOSEC), which serves as the main executive channel for managing responses to national liquid fuel emergencies. There are no financial implications associated with the Liquid Fuel Emergency (Activities – Essential Users) Determination 2008. The Determination will take effect on the day after it is registered on the Federal Register of Legislative Instruments. The clauses of the Determination include the name of the guidelines, the commencement date, definitions, and the list of activities determined to be those of essential users. The commencement clause ensures that the Determination is effective from the date of registration, providing clarity and immediacy in its application. The definitions clause offers precise meanings for terms used within the Determination, ensuring consistent interpretation and application. There are no specific offences or penalties outlined in the Liquid Fuel Emergency (Activities – Essential Users) Determination 2008. However, the broader Liquid Fuel Emergency Act 1984 may impose penalties or consequences for breaches related to the management and distribution of fuel during an emergency. These may include fines or imprisonment, depending on the nature and severity of the breach. The Act provides a framework within which the Minister can take appropriate action to enforce compliance and manage fuel distribution during an emergency.