Notice Under Section 17A of the Fuel Quality Standards Act 2000 for Variation of the Fuel Quality Standards (Petrol) Determination 2019 - Just Fuel Petroleum Services PTY LTD (Expiry 30 June 2024)

Overview

The Fuel Quality Standards Act 2000 was enacted to ensure that the quality of fuel supplied in Australia meets certain standards, with the aim of protecting the environment, public health, and safety. This legislation was introduced to address the problem of ensuring that fuels sold to consumers meet certain quality benchmarks to protect public health, safety, and the environment. The Act was passed by the Australian Parliament, with the aim of providing a legislative framework for the regulation of fuel quality standards. The Fuel Quality Standards (Petrol) Determination 2019 outlines the specific quality standards that petrol must meet. The approval to Just Fuel Petroleum Services Pty Ltd to vary these standards is intended to permit the supply of petrol for motor sport activities, which is expected to have minimal impact on the environment and public health and safety, while also meeting the needs of a niche market and supporting regional economic development through motor sport events.

Scope and Application

The Fuel Quality Standards Act 2000 governs the quality of fuel sold in Australia, and this legislation applies to various entities involved in the supply and distribution of fuel, including petrol. Specifically, the Fuel Quality Standards (Petrol) Determination 2019 sets out the quality standards that petrol must meet, and the approval granted to Just Fuel Petroleum Services Pty Ltd under this legislation allows for the supply of petrol that meets certain specifications, particularly for use in motor sport activities. The approval is limited in its geographic reach to the Commonwealth and applies to the supply of petrol until 30 June 2024. The approval does not extend to other fuels or fuel-related products, and it is subject to review and possible revocation if the conditions are not met. The approval may be varied through subordinate instruments, such as determinations or regulations, which may provide further detail or clarification on the application of the Act.

Key Provisions

The key operative sections of this legislation, specifically the Fuel Quality Standards Act 2000 (section 13), pertain to the granting of an approval by the Head of Division, Gas and Liquid Fuels Division, which is a delegate of the Minister. This approval allows Just Fuel Petroleum Services Pty Ltd to vary the Fuel Quality Standards (Petrol) Determination 2019, specifically permitting the supply of petrol until 30 June 2024. This extension is detailed in section 17D(1) of the Act, which authorises the variation of the period of effect of the listed approval. The approval itself came into force immediately upon the conclusion of the previous approval, which was effective from 1 July 2023 to 30 June 2024. This decision was made in consultation with the Fuel Standards Consultative Committee as required by section 24A of the Act. The obligations and requirements imposed by this Act on Just Fuel Petroleum Services Pty Ltd are primarily centred around the supply of petrol that meets specific criteria for use in motor sport activities. The company is required to ensure that the petrol supplied adheres to the standards outlined in the Fuel Quality Standards (Petrol) Determination 2019, with particular attention to the levels of ethanol and oxygen, which are permitted to be higher for this niche market. Just Fuel Petroleum Services Pty Ltd must also ensure that the petrol is supplied in sealed containers of up to 200 litres and that safe handling information is provided with the fuel. Additionally, the company must ensure that the petrol is only used for motor sport activities, limiting its use to a small number of competitors and avoiding any contact with the general public. The Act also delineates potential consequences for breaches of the terms set out in the approval. While the specific offences, penalties, or civil/criminal consequences are not detailed in this extract, breaches of the Act could result in enforcement actions, fines, or other legal consequences. The Act generally allows for penalties to be imposed for non-compliance with fuel quality standards, and the severity of these penalties can depend on the nature and extent of the breach. It is important for Just Fuel Petroleum Services Pty Ltd to adhere to the conditions of the approval to avoid any adverse legal outcomes.