ASSISTANT SECRETARY, ENERGY SECURITY BRANCH
DEPARTMENT OF THE ENVIRONMENT AND ENERGY
NOTICE UNDER SECTION 17E (3) OF THE FUEL QUALITY STANDARDS ACT 2000 CONCERNING A DECISION TO VARY APPROVALS GRANTED UNDER SECTION 13 OF THAT ACT
I, Helen Bennett, Assistant Secretary, Energy Security Branch, delegate of the Minister for the Environment, provide the following information concerning my decision to vary approvals granted under section 13 of the Fuel Quality Standards Act 2000.
Name of approval holder
VP Racing Fuels Pty Ltd
Details of the variation
On 5 December 2014 and 10 December 2015, approvals were granted to VP Racing Fuels Pty Ltd to vary the Fuel Standard (Petrol) Determination 2001 to permit the supply of specialist unleaded and leaded racing fuel as specified in the approvals. VP Racing Fuels Pty Ltd has since applied to vary the approvals by adding the following regulated person to the approvals:
Name | ABN | Street Address |
Catterick Pty Ltd, trading as Victorian Speed Pro Distributors | 23 007 279 781 | 11 Airlie Avenue
DANDENONG VIC 3175 |
Period of operation
The variation comes into force on the date of signing and remains in force until 30 June 2019.
Summary of reasons for the variation
I grant the variation as provided for in section 15 of the Act for the following reasons:
a) The protection of the environment
This variation does not amend any of the conditions imposed on the original approval and does not create any additional impacts on the environment. Adding or removing regulated persons to the approval is not expected to significantly alter the volume of fuel to be supplied.
Specialist racing fuels are supplied to regulated persons in small quantities and they must comply with any conditions imposed on the original approval. Additionally, the fuel is expensive compared with normal fuels available to the public and the price provides a disincentive for any waste, misuse or spillage.
b) The protection of occupational and public health and safety
Exposure to certain substances in specialist racing fuel and vehicle exhaust can be toxic. A variety of negative health effects can occur, depending upon the substance, the level and duration of exposure. At venues that use specialist racing fuels, exposure may extend to drivers, team members, race officals and spectators.
All regulated persons must comply with the conditions imposed on the original approval, including supplying the fuel in sealed drums and using safe handling procedures. This minor change to the number of regulated persons does not impact on occupational and public health and safety.
c) The interests of consumers
Specialist racing fuel meets the needs of a niche market for specific classes of motor and water sport. The consumers using these fuels seek the performance and operability characteristics provided by these fuels. This minor change to the number of regulated persons does not impact on the interests of consumers.
d) The impact on economic and regional development
Motor or water sport events provide an ongoing financial benefit to regional communities. This minor change to the number of regulated persons does not impact on economic and regional development.
The variation is granted subject to the conditions specified in section 17 of the Act.
Helen Bennett
Assistant Secretary, Energy Security Branch
Department of the Environment and Energy
19 September 2018
Overview
The Fuel Quality Standards Act 2000, enacted by the Australian Parliament, was introduced to regulate the quality of fuel sold in Australia, aiming to protect the environment, occupational and public health, and consumer interests, as well as to support economic and regional development. The Act provides a framework for establishing fuel quality standards and approvals for their variation, ensuring that the fuel supplied meets certain quality criteria. This legislative instrument, issued by Helen Bennett, Assistant Secretary of the Energy Security Branch within the Department of the Environment and Energy, represents a decision to vary the approvals granted under section 13 of the Act, allowing for adjustments to the supply of specialist unleaded and leaded racing fuel. The policy objective underpinning this variation is to accommodate changes in the supply chain without compromising the environmental and safety standards set by the Act.
Scope and Application
The Fuel Quality Standards Act 2000 applies to approvals granted to entities for the supply of fuel in Australia, including specialist fuels such as those used in racing. In this specific case, the Act applies to VP Racing Fuels Pty Ltd, which has been granted approvals to supply specialist unleaded and leaded racing fuel. The geographic and jurisdictional reach of this Act is national, as it is a Commonwealth Act. The Act aims to regulate the quality of fuel supplied to protect the environment, occupational and public health and safety, the interests of consumers, and economic and regional development. The Act also allows for variations to the approvals under certain conditions, as evidenced by the decision to add another regulated person, Catterick Pty Ltd, trading as Victorian Speed Pro Distributors, to the original approval. This decision is subject to the conditions specified in section 17 of the Act and remains in force until 30 June 2019. The Act does not specify any exclusions, exemptions, or thresholds, and its application may be extended or restricted through subordinate instruments.
Key Provisions
The Fuel Quality Standards Act 2000 provides a legislative framework for regulating the quality of fuel sold or supplied in Australia. Section 13 of the Act allows the Minister for the Environment to grant approvals for deviations from the fuel standards. Section 15 of the Act allows for variations to these approvals under certain conditions. In this case, section 17E(3) of the Act provides for the delegation of the Minister’s power to vary approvals to an Assistant Secretary. This delegation has been exercised by Helen Bennett, Assistant Secretary, Energy Security Branch, Department of the Environment and Energy. The main operative sections of the notice under section 17E(3) of the Act (paragraphs referenced in parentheses) provide for the variation of approvals granted to VP Racing Fuels Pty Ltd under section 13 of the Act (paragraph 2). The variation allows for the addition of Catterick Pty Ltd, trading as Victorian Speed Pro Distributors, to the list of regulated persons authorised to supply specialist unleaded and leaded racing fuel (paragraph 3). The variation comes into force on the date of signing and remains in force until 30 June 2019 (paragraph 4). The notice provides reasons for the variation, including the protection of the environment, the protection of occupational and public health and safety, the interests of consumers, and the impact on economic and regional development (paragraph 5). The obligations and requirements imposed by the Act on the parties it governs include obtaining approvals for deviations from the fuel standards, complying with the conditions of any approvals granted, and notifying the Assistant Secretary of any proposed variations to the approvals. The variation is granted subject to the conditions specified in section 17 of the Act (paragraph 6). Breach of the conditions of any approvals granted under the Act, or failure to comply with the obligations and requirements of the Act, may result in offences, penalties, or civil/criminal consequences. The Act does not specify maximum penalties for breaches, but penalties may be imposed by a court. In addition, the Assistant Secretary may revoke any approvals granted under the Act if the conditions of the approvals are breached (section 16 of the Act).