Notice Under Section 17A of the Fuel Quality Standards Act 2000 for Variation of the Fuel Quality Standards (Automotive Diesel) Determination 2019 – ACB Group Pty Ltd (Expiry 30 June 2024)

Overview

The Fuel Quality Standards Act 2000, enacted by the Commonwealth Parliament, establishes the framework for fuel quality standards in Australia, aiming to protect the environment, ensure public health and safety, and meet consumer needs. This legislation was introduced to address the need for regulating fuel quality across the nation, ensuring that fuels sold are safe and environmentally responsible. The Act allows for the variation of fuel quality standards through determinations and approvals, ensuring that specific fuels can be supplied under controlled conditions for particular purposes. The policy objective of the Act is to balance environmental protection and public health with the economic benefits of the fuel industry, particularly in niche markets like motor sports. In this context, the Act enables the Head of Division, Gas and Liquid Fuels Division within the Department of Climate Change, Energy, the Environment and Water, to approve variations in fuel quality standards for specific uses, such as specialist racing fuels, ensuring they meet stringent conditions to minimise environmental impact and public health risks.

Scope and Application

The Fuel Quality Standards Act 2000, which applies nationally across Australia, pertains to the quality of liquid fuel products including petrol. The Act imposes quality standards on liquid fuel to protect the environment, public and occupational health and safety, and the interests of consumers. This legislation applies to entities and persons involved in the supply and sale of petrol and other liquid fuels, including companies and businesses within the fuel industry. The Act allows for variations to fuel quality standards through subordinate instruments, such as determinations and approvals, which can be issued by the Minister or their delegate. In this specific case, the Act's application extends to ACB Group Pty Ltd, an entity granted an approval to vary the Fuel Quality Standards (Petrol) Determination 2019 for the supply of petrol for motor sport activities until 30 June 2024. The approval considers environmental protection, health and safety, consumer interests, and regional economic impacts, ensuring the supply of specialised racing fuels that meet the needs of the motor sport sector without significantly impacting public health and the environment. The approval does not extend to other types of petrol or liquid fuels unless specifically covered by another determination or approval under the Act.

Key Provisions

The notice under section 17A of the Fuel Quality Standards Act 2000, issued by Paula Svarcas, Head of Division, Gas and Liquid Fuels Division, pertains to an approval granted to ACB Group Pty Ltd (ABN 85 606 368 647). This approval allows the company to vary the Fuel Quality Standards (Petrol) Determination 2019, specifically to supply petrol intended for motor sport activities (section 13A). Initially, the approval was set to expire on 30 June 2023, but it has now been extended to 30 June 2024 (section 17D). The terms and conditions of the approval, as well as the list of regulated persons, have been updated to reflect this change. The approval imposes specific obligations on ACB Group Pty Ltd. It mandates that the petrol supplied under this approval is to be used exclusively for motor sport activities. This includes ensuring that the fuel is supplied in sealed containers of up to 200 litres, used in small quantities, and predominantly in off-road activities. Additionally, ACB Group Pty Ltd must provide safe handling information with the fuel to minimise risks to occupational and public health and safety. The company is also required to consult with the Fuel Standards Consultative Committee, as stipulated by section 24A of the Act, before making any further variations to the approval. Any breach of the conditions set out in the approval may result in civil or criminal consequences. Under the Act, offences related to the supply of petrol that does not comply with the approved standards may attract penalties. While the specific penalties are not detailed in the notice, they could potentially include fines or imprisonment as stipulated by other sections of the Act. Furthermore, the approval holder may face legal action for non-compliance, which could result in additional civil penalties. The maximum penalties would be determined based on the specific provisions of the Act and the severity of the breach.