Notice under section 17A of the Fuel Quality Standards Act 2000 concerning an approval to NX1 Racing Fuels Pty Ltd to vary the Fuel Quality Standards (Petrol) Determination 2019 granted under section 13 of that Act

Administered by Department of Industry, Science and Resources

Legislation au C2021G00605 In force Gazette

Legislation content

 

A/G GENERAL MANAGER, LIQUID FUELS BRANCH

DEPARTMENT OF INDUSTRY, SCIENCE, ENERGY AND RESOURCES

NOTICE UNDER SECTION 17A OF THE FUEL QUALITY STANDARDS ACT 2000 CONCERNING AN APPROVAL TO NX1 RACING FUELS PTY LTD TO VARY

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

 

I, Dione Scheltus, A/g General Manager, Liquid Fuels 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 (the Act).

Name of approval holder

NX1 Racing Fuels Pty Ltd

Period of operation

The approval comes into force on the date below and remains in force until 30 June 2024.

Details of the approval

This approval varies the fuel standard for petrol set out in the Fuel Quality Standards (Petrol) Determination 2019 (the Petrol Determination), so that fuels containing:

  • a maximum oxygen content in petrol of up to 13 per cent m/m
  • a maximum aromatics content in petrol of up to 70 per cent v/v
  • a maximum olefins content in petrol of up to 40 per cent v/v

are taken to comply with the relevant parameters specified in the Petrol Determination in respect of the supply of specialist racing fuel for use in legitimate motor sport activities on land until 30 June 2024.

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

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

The fuels are expensive compared with normal fuels available to the public and the price provides a strong disincentive for any waste, misuse, or inappropriate disposal.

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

The fuels are supplied in sealed containers of up to 60 litre capacity and are used in small quantities and in widely dispersed locations. Safe handling information will be provided with the fuels. Consquently, the Department does not anticipate any significant occupational and public health and safety risks to arise from the use of these fuels.

c)            The interests of consumers

The 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 sports events provide an ongoing financial benefit to these regional communities. A decision not to allow the continued and controlled supply of the fuels may have an adverse impact on national motor sport and the economic benefits that flow from them.

 

 

 

Dione Scheltus

A/g General Manager, Liquid Fuels Branch

23 July 2021

 

Overview

The Fuel Quality Standards Act 2000, enacted by the Parliament of Australia, was introduced to ensure the quality of fuel supplied to the public, with an emphasis on environmental protection, public health, and safety. The Act sets out the regulatory framework for the quality of liquid fuels, including petrol, and allows for specific variances to be made for particular purposes, such as the supply of specialist fuels for racing. The Act delegates the Minister for Energy and Emissions Reduction with the responsibility of ensuring compliance with the fuel quality standards and allows for the establishment of determinations that specify the required standards for different types of fuels. The policy objective of the Act is to balance the need for high-quality fuel that protects the environment and public health while also catering to the needs of specific industries, such as motor sports.

Scope and Application

The notice, issued by Dione Scheltus, acting General Manager of the Liquid Fuels Branch of the Department of Industry, Science, Energy and Resources, pertains to the approval granted to NX1 Racing Fuels Pty Ltd under Section 13 of the Fuel Quality Standards Act 2000. This approval varies the quality standards for petrol as outlined in the Fuel Quality Standards (Petrol) Determination 2019, allowing for petrol with specific maximum content levels of oxygen, aromatics, and olefins to be supplied for specialist racing fuel in legitimate motor sport activities. The approval is effective from the date of the notice and will remain in force until 30 June 2024, applying to the petrol supplied by the approval holder and any regulated persons detailed in Annexure 1. The approval is subject to conditions specified in Section 17 of the Act and further conditions outlined in Annexure 2. The decision to grant this approval was made following consultations with the Fuel Standards Consultative Committee and was based on considerations of environmental protection, occupational and public health and safety, consumer interests, and economic and regional development.

Key Provisions

The main operative sections of the Fuel Quality Standards Act 2000, as referenced in the gazette, focus on granting an approval to NX1 Racing Fuels Pty Ltd to vary the fuel quality standards for petrol (s 13). This approval allows for petrol containing up to 13% oxygen, 70% aromatics, and 40% olefins to be supplied for legitimate motor sport activities until 30 June 2024 (s 13, 17A). The approval is subject to specific conditions outlined in section 17 of the Act and further detailed in Annexure 2 of the approval. The Act imposes several obligations and requirements on the parties involved. NX1 Racing Fuels Pty Ltd must adhere to the conditions set forth in the approval, ensuring that the petrol supplied meets the specified parameters and is used strictly for motor sport activities. The approval holder must also comply with any additional conditions outlined in Annexure 2, which likely include reporting, record-keeping, and other administrative obligations. Additionally, regulated persons specified in Annexure 1 must comply with the conditions of the approval. Breaching the conditions of the approval can result in various consequences. Under the Act, there are potential civil and criminal penalties for non-compliance. For instance, supplying petrol that does not meet the approved standards could result in fines, with the maximum penalties varying depending on the severity and intent of the breach. In serious cases, criminal charges may be brought against individuals responsible for the breach, leading to further penalties including imprisonment. Additionally, failure to comply with reporting or record-keeping obligations could also attract penalties.

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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.