Notice of Decision to Grant an Approval under the Fuel Quality Standards Act 2000 - Netaway Pty Ltd trading as VPW Australia

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au C2019G00583 In force Gazette

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A/G ASSISTANT SECRETARY, ENERGY SECURITY BRANCH

DEPARTMENT OF THE ENVIRONMENT AND ENERGY

NOTICE UNDER SECTION 17A OF THE FUEL QUALITY STANDARDS ACT 2000 CONCERNING AN APPROVAL TO VARY

THE FUEL STANDARD (PETROL) DETERMINATION 2001

AND THE FUEL QUALITY STANDARDS (PETROL) DETERMINATION 2019
GRANTED UNDER SECTION 13 OF THAT ACT

 

I, Tim Wyndham, A/g Assistant Secretary, Energy Security Branch, delegate of the Minister for Energy and Emissions Reduction, provide the following information concerning my decision to grant an approval under section 13 of the Fuel Quality Standards Act 2000.

Name of approval holder

Netaway Pty Ltd trading as VPW Australia

Period of operation

The approval comes into force on the date below and remains in force until 30 June 2022.  

Details of the approval

This approval varies the fuel standard for petrol set out in the Fuel Standard (Petrol) Determination 2001, the Fuel Quality Standards (Petrol) Determination 2019 (the Petrol Determinations), and the fuel standard for ethanol E85 set out in the Fuel Standard (Ethanol E85) Determination (the E85 Determination) so that fuels containing:

  • a maximum ethanol content in petrol of up to 15 per cent volume by volume
  • a maximum oxygen content in petrol of up to 10.5 per cent mass by mass
  • a maximum ethanol content in ethanol E85 of up to 86 per cent volume by volume

are taken to comply with the relevant parameters specified in the Petrol Determinations and the E85 Determination in respect of the supply of specialist racing fuel for use in legitimate motor sport activities on land until 30 June 2022.

The approval applies to petrol supplied by the approval holder and the regulated persons specified in Annexure 1 of this approval.

The approval is granted subject to the conditions specified in section 17 of the Act and the conditions specified in Annexure 2 of the approval.

Summary of reasons for the approval

Having consulted with the Fuel Standards Consultative Committee as required by section 24A of the Act, I grant the approval as provided for in section 15 of the Act for the following reasons:

a)            The protection of the environment

As the fuel subject to this recommendation is supplied and used in small quantities for motor sport activities. In this context, higher levels of ethanol, oxygen and aromatics are not expected to impact significantly on ambient air quality.

The fuel is expensive compared with normal fuels available to the public and the price provides a strong disincentive for any waste, misuse, or spillage.

It is therefore not expected that permitting the supply of the fuel covered by this approval for motor sport activities will have an adverse effect on the environment.  

b)         The protection of occupational and public health and safety

The fuel is not likely to have a significant impact on the health and safety of users as the volume of fuel used is low and confined to racing events. The fuel will be used by a small number of competitors and no contact with the general public is expected.

Specialist racing fuels are supplied in sealed containers of up to 200 litres capacity and are used in small quantities, predominantly in off-road activities, and in widely dispersed locations. Safe handling information will be provided with the fuel. The volume of fuel to be supplied under an approval is limited. Under these conditions, occupational and public health and safety risks resulting from short-term/intermittent use of these fuels will be minimised. 

c)            The interests of consumers

Specialist racing fuels meet the needs of a niche market for specific categories of motor racing. The consumers using these fuels seek the performance and operability characteristics provided by these fuels. Without them, motor sport competitors may not be able to operate their vehicles effectively.

d)         The impact on economic and regional development

Many racing venues are located outside major population areas. Motor and water sports events provide an ongoing financial benefit to these regional communities. A decision to disallow the continued and controlled supply of specialist racing fuels would have an adverse effect on national and regional motor sport competitions and the economic benefits that flow from them.

 

 

 

Tim Wyndham

A/g Assistant Secretary, Energy Security Branch

24 June 2019

Overview

The Fuel Quality Standards Act 2000, enacted by the Parliament of Australia, was introduced to regulate the quality of fuel in the Australian market, aiming to balance environmental protection, public health and safety, and economic considerations. The Act provides a framework for establishing and enforcing fuel quality standards, including the ability to set specific parameters for fuel composition and emissions. The policy objective of this legislation is to ensure that fuels sold in Australia meet certain quality standards that protect the environment and public health while also supporting economic activities. This notice under Section 17A of the Act details an approval granted to Netaway Pty Ltd trading as VPW Australia to vary the existing fuel standards for petrol and ethanol E85 to allow for the supply of specialist racing fuel for motor sport activities, reflecting the Act's aim to consider niche market needs and regional economic benefits while maintaining stringent environmental and safety standards.

Scope and Application

The Fuel Quality Standards Act 2000, under which this approval operates, applies to the regulation of fuel quality standards in Australia, impacting entities involved in the supply and distribution of petrol and ethanol fuels. Specifically, this approval pertains to Netaway Pty Ltd trading as VPW Australia and is effective from the date of issuance until 30 June 2022. The approval modifies the fuel standards for petrol and ethanol E85 to allow for the supply of specialist racing fuel that contains up to 15% ethanol by volume and 10.5% oxygen by mass in petrol, and up to 86% ethanol by volume in ethanol E85. This special provision is intended solely for legitimate motor sport activities on land. The geographic reach of this Act and its subordinate instruments extends across the Commonwealth of Australia, with the approval being granted by a delegate of the Minister for Energy and Emissions Reduction, reflecting the federal oversight in regulating fuel quality standards. The exclusions and conditions of the approval are detailed in Annexure 2, ensuring that the supply of these fuels is tightly controlled to mitigate any potential environmental, health, and safety risks.

Key Provisions

The key provisions of the notice under Section 17A of the Fuel Quality Standards Act 2000 involve an approval granted to Netaway Pty Ltd trading as VPW Australia (s 17A(1)). This approval modifies the fuel standards for petrol and ethanol E85 to allow the supply of specialist racing fuel for legitimate motor sport activities on land, effective until 30 June 2022 (s 17A(2)(a)-(c)). The approval permits petrol with up to 15 per cent ethanol and up to 10.5 per cent oxygen by mass, and ethanol E85 with up to 86 per cent ethanol (s 17A(2)(a)-(c)). This decision was made after consulting the Fuel Standards Consultative Committee as required by Section 24A of the Act (s 17A(3)). The obligations imposed by this approval require Netaway Pty Ltd and the regulated persons listed in Annexure 1 to supply petrol and ethanol E85 that comply with the specified parameters (s 17A(2)). The approval is subject to conditions outlined in Section 17 of the Act and those detailed in Annexure 2 of the approval (s 17A(4)). The primary obligation is to ensure that the supplied fuel adheres to the stipulated ethanol and oxygen content levels and that it is used strictly for motor sport activities, given the limited supply and specific use conditions (s 17A(2), Annexure 2). In terms of consequences for breach, Section 17A of the Act does not explicitly detail specific penalties. However, any breach of the conditions specified in Section 17 or Annexure 2 could result in legal actions under the broader provisions of the Fuel Quality Standards Act 2000, potentially including fines or other sanctions. The maximum penalties for breaches under the Act typically include fines up to $105,000 for individuals and $525,000 for bodies corporate, along with potential imprisonment terms for serious offences (s 22, 23). These provisions aim to ensure compliance and protect the interests of the environment, health, safety, and economic development.

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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.