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 2024)

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

Legislation au C2023G00793 In force Gazette

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HEAD OF DIVISION, GAS AND LIQUID FUELS DIVISION

DEPARTMENT OF CLIMATE CHANGE, ENERGY, THE ENVIRONMENT AND WATER


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 2024)

 

I, Paula Svarcas, Head of Division, Gas 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 existing approval to International Motorsport Solutions Pty Ltd was granted to vary the fuel standard set out in the Fuel Quality Standards (Petrol) Determination 2019 and the Fuel Quality Standards (Ethanol E85) Determination 2019, permitting the supply of petrol and ethanol blended fuel specified in the original grant of approval.

Pursuant to paragraphs 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 2023).  

Details of the variation

Pursuant to paragraph 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 2024. The approval comes into force at the immediate conclusion of the previously granted approval, being from 1 July 2023 until 30 June 2024.

The regulated persons list has 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.

 

 

 

 

 

………………………………………………………………………….

 

Paula Svarcas

Head of Division, Gas and Liquid Fuels Division 

23 June 2023

Overview

The Fuel Quality Standards Act 2000 was enacted to establish a national standard for the quality of fuel sold in Australia, aiming to protect the environment, public health, and safety, as well as to meet consumer needs and support economic development. The Act was brought into force by the Parliament of Australia to ensure that fuel sold in the country adheres to certain quality standards, thereby minimising environmental harm and health risks associated with fuel use. The Act includes provisions for the regulation of fuel quality standards and allows for variations to these standards under specific conditions, as demonstrated by the approval granted to International Motorsport Solutions Pty Ltd. The policy objective of the Act is to maintain and improve the quality of fuel available to the public while accommodating the needs of specific industries and sectors, such as the motor sports industry, in a way that balances environmental protection with economic considerations.

Scope and Application

The Fuel Quality Standards Act 2000 applies to entities involved in the supply of petrol and ethanol blended fuels within Australia. Specifically, this legislation governs the quality standards for petrol and ethanol fuels to protect the environment, public health, and safety. The approval granted under section 13 of the Act is given to International Motorsport Solutions Pty Ltd, allowing them to vary the fuel standards for petrol and ethanol blended fuel (E85) for motorsport activities. This approval is valid until 30 June 2024 and is subject to conditions that ensure minimal environmental impact and safe handling practices. The decision to grant this approval was made after consulting with the Fuel Standards Consultative Committee, considering factors such as environmental protection, occupational and public health and safety, consumer interests, and economic and regional development. The approval restricts the use of the specified fuels to motorsport activities, ensuring that the higher levels of aromatics and the presence of certain additives like MTBE, ETBE, and DIPE do not significantly impact ambient air quality or public safety.

Key Provisions

The main sections of the Fuel Quality Standards Act 2000 that are relevant to this legislation are sections 13, 13A, 15, 17D, and 24A. Section 13 allows for the approval of variations to the fuel quality standards, while section 13A outlines the commencement and duration of such approvals. Section 15 provides the framework for granting approvals under the Act, and section 17D details the process for varying the period of effect of an approval. Section 24A mandates consultation with the Fuel Standards Consultative Committee before granting such approvals. The approval holder, International Motorsport Solutions Pty Ltd, has been granted permission to vary the fuel standards for petrol and ethanol blended fuel, specifically allowing them to supply these fuels until 30 June 2024. The obligations imposed by the Act on the approval holder include adhering to the specified conditions and limitations of the approval, such as ensuring the fuel is not used in activities on freshwater lakes and waterways and providing safe handling information. They must also ensure that the supply of the fuel is limited and confined to small quantities used in motor sport activities. The approval holder must also ensure that the fuel is supplied in sealed containers of up to 200 litres capacity and is used in off-road activities in widely dispersed locations. The approval holder is also required to consult with the Fuel Standards Consultative Committee as per section 24A of the Act. Breaches of the conditions set out in the approval or the Act may result in civil or criminal penalties. Although the specific penalties are not detailed in the text, breaches of similar provisions in the Act can attract fines of up to $126,000 for individuals and $630,000 for corporations. Furthermore, under section 24 of the Act, failure to comply with an approval or the conditions of an approval may result in cancellation of the approval, which could have significant consequences for the business operations of the approval holder. These penalties underscore the importance of strict compliance with the terms of the approval and the requirements of the Act.

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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.