Notice under Section 17a of the Fuel Quality Standards Act 2000 Concerning a Decision under Section 13 of that Act for an Approval For a Variation of the Fuel Standard (Petrol) Determination 2001

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au C2014G00793 In force Gazette

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ASSISTANT SECRETARY, ENVIRONMENT PROTECTION BRANCH,

DEPARTMENT OF THE ENVIRONMENT

NOTICE UNDER SECTION 17A OF THE FUEL QUALITY STANDARDS ACT 2000 CONCERNING A DECISION UNDER SECTION 13 OF THAT ACT FOR AN APPROVAL FOR A VARIATION OF THE FUEL STANDARD (PETROL) DETERMINATION 2001

I, Andrew McNee, Assistant Secretary, Environment Protection Branch, delegate of the Minister for the Environment, provide the following information concerning my decision to grant an approval under section 13 of the Fuel Quality Standards Act 2000 (the Act).

Name of approval holder

International Motorsport Solutions Pty Ltd (approval holder).

Period of operation

The period of operation of the approval is for one (leaded fuel) and two (unleaded fuel) years.

Details of the approval

The approval varies the fuel standard for petrol set out in the Fuel Standard (Petrol) Determination 2001 (the Petrol Determination) so that specialist leaded and unleaded racing fuel containing the following parameters:

1. specialist leaded racing fuels containing the following parameters for the period of one year:

  • Lead up to 2.0 g/L
  • Methyl tertiary-butyl ether (MTBE) up to 20 per cent v/v
  • Di-isopropyl ether (DIPE) up to 25 per cent v/v
  • Oxygen up to 18 per cent m/m in petrol not containing ethanol
  • Olefins up to 35 per cent v/v

2. specialist unleaded racing fuels containing the following parameters for a period of two years:

  • Methyl tertiary-butyl ether (MTBE) up to 20 per cent v/v
  • Ethanol up to 30 per cent v/v
  • Di-isopropyl ether (DIPE) up to 25 per cent v/v
  • Oxygen up to 3.9 per cent m/m in petrol not containing ethanol
  • Oxygen up to 10 per cent m/m in petrol not containing ethanol
  • Aromatics up to 70 per cent v/v
  • Olefins up to 45 per cent v/v

will be taken to comply with the above parameters specified in the Petrol Determination in respect of the supply of the fuel for use in legitimate motor sport activities.

The approval applies to fuel supplied by the above company and the regulated persons specified in Annexure 1 of the approval instrument.

The approval is subject to conditions set out in Annexure 2 to the approval instruments and in section 17 of the Act.

Summary of reasons for the approval

I grant the approval as provided for in section 15 of the Act for the following reasons: 

(a) The protection of the environment

The fuel subject to this recommendation is supplied and used in small quantities for motor sport activities. It is uncertain to what extent lead in the fuel may affect the environment.

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

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

(b) The protection of occupational and public health and safety

Exposure to certain substances in petrol can be toxic. The risks associated with exposure to racing fuels may be higher than for petrol because of the additional substances contained in them. A variety of negative health effects can occur, depending upon the substance, the level and duration of exposure. At venues that use racing fuels, exposure may extend to drivers, team members, race officials, spectators and the immediate environment.

In the particular case of leaded racing fuels, exposure to even small amounts of lead and lead compounds can have health effects when ingested or inhaled.

Specialist leaded and unleaded racing fuels are supplied in sealed containers of up to 200 litres capacity (except for use in pre-1986 built racing vehicles which may be dispensed from a bowser) and are used in small quantities, primarily 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 and will be used by a small number of competitors. 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 leaded and unleaded racing fuels meet the needs of a niche market for specific classes 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 with currently employed technology.

(d) The impact on economic and regional development

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

 

 

 

 

Andrew McNee

Assistant Secretary

30 April 2014

Overview

The Fuel Quality Standards Act 2000 was enacted to regulate the quality of fuel sold or supplied in Australia, with a focus on protecting the environment, public health, and safety. The Act provides the legal framework for setting fuel quality standards and for approving variations to these standards to meet specific needs. This legislation was introduced to address the need for regulating fuel quality to mitigate environmental and health risks associated with fuel use and supply. The Fuel Quality Standards Act 2000 was enacted by the Parliament of Australia, aiming to ensure that the supply and use of fuel do not pose unacceptable risks to the environment, occupational and public health, and safety. The policy objective of this Act is to maintain a balance between the need for high-quality fuel to protect health and the environment and the practical requirements of various sectors, including motor sports, by allowing for necessary variations under strict regulatory oversight.

Scope and Application

The Fuel Quality Standards Act 2000 applies to entities involved in the supply and use of fuel within Australia, specifically targeting the quality and standards of fuel supplied for use in vehicles. The Act encompasses various entities, including fuel suppliers and those involved in motor sport activities, particularly those requiring specialist leaded and unleaded racing fuels. The geographic reach of the Act is national, as it is a Commonwealth Act and applies across Australia. The Act does not specify exclusions or exemptions in the given excerpt, but it does allow for variations in fuel standards under certain conditions, as demonstrated in the approval for specialist racing fuels. The Act can extend or restrict its application through subordinate instruments, which in this case include determinations such as the Fuel Standard (Petrol) Determination 2001. The approval granted under this Act to International Motorsport Solutions Pty Ltd specifies conditions for the supply of specialist leaded and unleaded racing fuels, ensuring that these fuels meet certain parameters for a limited period, thereby balancing environmental protection, occupational and public health, consumer interests, and economic considerations.

Key Provisions

The main operative sections of this legislation, specifically the Fuel Quality Standards Act 2000, include sections 13 and 17A, which pertain to the approval of variations in fuel standards. Section 13 allows for the approval of variations in fuel standards, while section 17A mandates the issuance of a notice in the Commonwealth Gazette concerning the decision to approve such variations. In this instance, the notice details the approval granted to International Motorsport Solutions Pty Ltd for the supply of specialist leaded and unleaded racing fuels over specified periods, subject to certain conditions. The Act imposes several obligations on the parties and entities it governs. Firstly, it requires that the supply of specialist racing fuels adhere to the parameters set out in the Fuel Standard (Petrol) Determination 2001, as varied by the approval. This includes ensuring that the fuels meet specific chemical composition standards and that they are supplied in sealed containers, except for use in pre-1986 built racing vehicles. Secondly, it mandates that the fuel be used strictly for legitimate motor sport activities, thereby limiting its use and minimising environmental and health risks. Additionally, the approval holder and the regulated persons must comply with the conditions set out in Annexure 2 of the approval instrument and section 17 of the Act. The legislation also outlines potential consequences for breaches of its provisions. Under the Act, there may be civil and criminal penalties for non-compliance. For instance, supplying fuel that does not meet the specified parameters could result in civil penalties, including fines. Additionally, if the breach is found to have caused harm to the environment or to human health, criminal penalties may apply. The maximum penalties for such offences can vary, but they could include substantial fines and, in severe cases, imprisonment. The specific penalties would be determined by the courts based on the nature and extent of the breach.

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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.