Notice under section 17a of the Fuel Quality Standards Act 2000 for variation of the Fuel Quality Standards (Petrol) Determination 2019 - ACB Group Pty Ltd (Expiry 30 June 2023)

Overview

The Fuel Quality Standards Act 2000 was enacted by the Parliament of Australia to regulate the quality of liquid fuels available for supply in Australia. The Act was introduced to address the need for consistent and high standards in fuel quality to protect the environment, ensure occupational and public health and safety, and to meet the needs of consumers. Under the Act, the Minister for Industry, Science, Energy, and Resources has the authority to make determinations about fuel quality standards and to approve variations to these standards. In this context, the Act aims to balance the interests of environmental protection, public health and safety, consumer needs, and economic development. This notice concerns the granting of an approval under section 13 of the Fuel Quality Standards Act 2000 by Shane Gaddes, Head of the Offshore Resources and Liquid Fuels Division in the Department of Industry, Science, Energy and Resources. The approval was granted to ACB Group Pty Ltd, allowing variations to the Fuel Quality Standards (Petrol) Determination 2019 to permit the supply of petrol for motor sport activities until 30 June 2023. The decision to approve the variation was based on considerations 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.

Scope and Application

The Fuel Quality Standards Act 2000 applies to entities involved in the supply of petrol in Australia, with specific regard to the quality standards and environmental impacts of the fuel. This Act falls under the Commonwealth jurisdiction, regulating fuel quality across the nation. ACB Group Pty Ltd has been granted an approval under this Act, which allows for variations in the quality standards for petrol supplied for specific purposes, in this case, for motor sport activities. This approval was granted considering the minimal environmental impact, negligible health and safety risks, satisfaction of consumer needs, and economic benefits to regional communities from motor sport events. The approval is tailored to the unique context of specialist racing fuels, which are used in small, controlled quantities and are unlikely to affect the general public. The Act's application is further refined through subordinate instruments, such as the Fuel Standard (Petrol) Determination 2001 and the Fuel Quality Standards (Petrol) Determination 2019, which outline the specific quality standards and can be subject to variations as needed. The approval is currently effective until 30 June 2023, and it includes updated conditions and a regulated persons list to ensure compliance with the Act’s requirements.

Key Provisions

Section 13 of the Fuel Quality Standards Act 2000 (the Act) provides the basis for granting approvals that allow variations to the Fuel Quality Standards (Petrol) Determination 2019. The Act also mandates the Head of Division, Offshore Resources and Liquid Fuels Division, to consult with the Fuel Standards Consultative Committee before granting such approvals. Pursuant to these provisions, the Head of Division has granted ACB Group Pty Ltd an approval to vary the 2019 Determination, extending the period of the approval until 30 June 2023. This approval allows ACB Group Pty Ltd to supply petrol specified in the original grant of approval, with updated conditions and regulated persons list. The obligations imposed on ACB Group Pty Ltd under this approval include ensuring that the petrol supplied meets the specifications outlined in the approval, adhering to the updated conditions, and providing safe handling information with the fuel. Additionally, the entity must ensure that the supply of petrol does not have an adverse effect on the environment, occupational and public health and safety, and that it meets the needs of the niche market it serves. Breaches of the conditions of the approval or failure to comply with the requirements of the Act may result in enforcement actions. The Act does not explicitly state the penalties for non-compliance, but under section 32, the Minister may impose a penalty of up to $100,000 for each day of non-compliance. In the case of a body corporate, the maximum penalty may be higher, up to $500,000 for each day of non-compliance. Furthermore, non-compliance may also result in civil or criminal consequences, including the possibility of prosecution, fines, or imprisonment. It is essential for ACB Group Pty Ltd to adhere to the conditions of the approval and the requirements of the Act to avoid any potential legal repercussions.