Notice under section 17a of the Fuel Quality Standards Act 2000 for variation of the Fuel Quality Standards (Petrol) Determination 2019 and the Fuel Quality Standards (Ethanol E85) Determination 2019 - International Motorsport Solutions Pty Ltd (Expiry 30 June 2023)

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

Legislation au C2022G00541 In force Gazette

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HEAD OF DIVISION, OFFSHORE RESOURCES AND LIQUID FUELS DIVISION

DEPARTMENT OF INDUSTRY, SCIENCE, ENERGY AND RESOURCES


NOTICE UNDER SECTION 17A OF THE FUEL QUALITY STANDARDS ACT 2000 FOR VARIATION OF THE FUEL QUALITY STANDARDS (PETROL) DETERMINATION 2019 AND THE FUEL QUALITY STANDARDS (ETHANOL E85) DETERMINATION 2019
- INTERNATIONAL MOTORSPORT SOLUTIONS PTY LTD (EXPIRY 30 JUNE 2023)

 

I, Shane Gaddes, Head of Division, Offshore Resources and Liquid Fuels Division, delegate of the Minister, 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 (ABN 40 122 179 524)

Details of the approval

The approval to International Motorsport Solutions Pty Ltd was granted to vary the fuel standard set out in the Fuel Standard (Petrol) Determination 2001, the Fuel Quality Standards (Petrol) Determination 2019 (the 2019 Petrol Determination) and the Fuel Standard (Ethanol E85) Determination 2012 (the 2012 E85 Determination) to permit the supply of petrol specified in the original grant of approval. The Fuel Standard (Petrol) Determination 2001 was superseded by 2019 Petrol Determination, and the 2012 E85 Determination was superseded by the Fuel Quality Standards (Ethanol E85) Determination 2019. Original approvals and subsequent variations continued to apply under the 2019 Determinations.

Pursuant to section 13A(1) and (2) of the Act, the listed approval came into force on the date specified in the approval, and remain in force for the period specified in the approval extension (being until 30 June 2022).  

Details of the variation

Pursuant to section 17D(1) of the Act, the period of effect of the listed approval has been varied in respect of the supply of petrol until 30 June 2023. The conditions and regulated persons list have also been updated.

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

As the fuel subject to this recommendation is supplied and used in small quantities for motor sport activities. In this context, higher levels of aromatics are not expected to impact significantly on ambient air quality.

The consequences of even a small amount of MTBE or ETBE contaminating freshwater sources can be significant. It is a standard condition of section 13 approvals for fuel containing MTBE, ETBE, or DIPE above the limit specified in the petrol standard that the fuel not be permitted in activities occurring on freshwater lakes and waterways. 

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

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

Specialist racing fuels are supplied in sealed containers of up to 200 litres capacity and are used in small quantities, predominantly 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. 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 racing 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 and water sports events provide an ongoing financial benefit to these regional communities. A decision to disallow the continued and controlled supply of specialist racing fuels would have an adverse effect on national and regional motor sport competitions and the economic benefits that flow from them.

 

 

 

 

 

………………………………………………………………………….

 

Shane Gaddes

Head of Division, Offshore Resources and Liquid Fuels Division 

23 June 2022

 

Overview

The Fuel Quality Standards Act 2000 was enacted to regulate the quality of fuel sold in Australia, aiming to protect the environment, public health, and safety, while also considering consumer interests and economic development. This Act provides the legislative framework for setting and enforcing fuel quality standards. Administered by the Parliament of Australia, the Act allows for the establishment of fuel quality standards and the approval of variations to these standards under specific circumstances. The policy objective of the Act is to ensure that fuel sold in Australia meets certain quality benchmarks that safeguard environmental and public health while supporting economic activities such as motorsports that benefit regional communities. The Act also seeks to balance the interests of consumers who require specialised fuels for particular applications with the need to protect the broader public from potential hazards associated with fuel use.

Scope and Application

The Fuel Quality Standards Act 2000 applies to the regulation of fuel quality in Australia, particularly focusing on the standards for petrol and ethanol E85. This Act applies to entities involved in the supply and production of petrol and ethanol E85 within Australia. The legislation targets specific industries and the conduct related to the production, supply, and sale of these fuels, ensuring compliance with quality standards. The Act’s jurisdiction extends nationally, overseen by the Commonwealth government. The Act provides for the establishment of fuel quality standards through determinations, which can be varied by subordinate instruments to meet specific needs, such as those identified for specialist racing fuels. Exclusions or exemptions from these standards may be granted under the Act, subject to consultation and approval processes, as seen in the case of International Motorsport Solutions Pty Ltd, which received an approval to vary the petrol standard for racing purposes. This approval includes conditions to mitigate environmental, health, and safety risks, reflecting the Act’s overarching aim to balance regulatory requirements with industry needs.

Key Provisions

Section 13 of the Fuel Quality Standards Act 2000 (the Act) authorises the Minister to grant an approval for variations in fuel quality standards. In this case, International Motorsport Solutions Pty Ltd has been granted an approval to vary the fuel quality standards for petrol and ethanol E85. This approval allows the supply of petrol specified in the original grant of approval, subject to certain conditions, until 30 June 2023. The Fuel Quality Standards (Petrol) Determination 2019 (the 2019 Petrol Determination) and the Fuel Quality Standards (Ethanol E85) Determination 2019 (the 2019 E85 Determination) were updated to reflect this approval. The approval is in force until the specified date, and the conditions and regulated persons list have been updated accordingly. The obligations imposed by the Act on International Motorsport Solutions Pty Ltd include ensuring that the fuel supplied meets the specified conditions and standards outlined in the approval. This includes ensuring that the fuel does not contain more than the specified limit of MTBE, ETBE, or DIPE, and that it is not permitted in activities occurring on freshwater lakes and waterways. The approval holder must also provide safe handling information with the fuel and ensure that it is used in sealed containers of up to 200 litres capacity. Additionally, the approval holder must comply with any other conditions or requirements specified in the approval. Breaching the conditions of the approval may result in civil or criminal consequences, including fines and imprisonment. The maximum penalty for contravening a condition of the approval is a fine of up to $66,000 for an individual and up to $330,000 for a body corporate, or imprisonment for up to two years, or both. The approval holder is also subject to enforcement action by the Australian Competition and Consumer Commission, which may include seeking injunctions, orders for restitution, and other remedies. It is important for the approval holder to ensure that they comply with the conditions of the approval to avoid any potential penalties or consequences.

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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.