Notice Under Section 17A of the Fuel Quality Standards Act 2000 for Variation of the Fuel Quality Standards (Petrol) Determination 2024 - ACB Group Pty Ltd (Expiry 30 June 2025)

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

Legislation au C2024G00429 In force Gazette

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BRANCH HEAD, LIQUID FUELS BRANCH

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 2024
- ACB GROUP PTY LTD (EXPIRY 30 JUNE 2025)

 

I, Jennifer Anne, Branch Head, Liquid Fuels Branch, 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

ACB Group Pty Ltd (ABN 85 606 368 647)

Period of operation

The approval comes into force on the date below and remains in force until 30 June 2025.

Details of the approval

This approval varies the fuel standard for petrol as set out in the Fuel Quality Standards (Petrol) Determination 2024 (Petrol Determination), so that fuels containing:

  • a maximum aromatics content in petrol of up to 70% v/v
  • a maximum ethanol content in petrol of up to 20% v/v
  • a maximum oxygen content in petrol of up to 6% m/m

is taken to comply with the relevant parameters specified in the Petrol Determination in respect of the supply of specialised racing fuels until 30 June 2025. 

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

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

Motorsport events have many protocols in place to reduce environmental impacts. The fuel area is managed using environmental fuel spill kits, mats, bunding and other equipment to reduce any risk of impact to the environment. It is therefore expected that permitting the supply of the fuel covered by this approval for motorsport activities will not have an adverse effect on the environment.  

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 and are used in small quantities, predominantly in off-road activities, 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.

Each racing category is managed by industry bodies that set homologation for their events. These set allowable specifications of the fuel for each racing type. Without the supply of these racing fuels, many motorsport events would no longer be possible in Australia. 

Most of the motorsport industry have engines that are not able to safely operate on Australian fuel at retail pump sites, compliant under the Act. A large percentage of these cars and engines are from overseas and are built and manufactured to the international fuel specifications set by international racing organisations like the Fédération Internationale de l'Automobile (FIA). Without the supply of many of these fuels, these motorsport industries would cease to exist. 

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.

 

 

 

 

 

………………………………………………………………………….

 

Jennifer Anne

Branch Head, Liquid Fuels Branch 

25 June 2024

 

Overview

The Fuel Quality Standards Act 2000, enacted by the Parliament of Australia, was introduced to ensure that fuel sold within Australia meets specific quality standards designed to protect the environment, public health, and safety. This Act provides the legislative framework for setting and enforcing fuel quality standards, with amendments and determinations issued to update these standards as required. The Act aims to balance the need for clean and safe fuels with the operational requirements of various industries, including motorsports. In granting an approval for varied fuel quality standards to ACB Group Pty Ltd under section 13 of the Act, the Branch Head of the Liquid Fuels Branch, Jennifer Anne, has considered the minimal environmental impact of specialised racing fuels used in controlled motorsport events, the protection of occupational and public health and safety due to the limited and controlled use of these fuels, the specific needs of the motorsport industry for performance and operability characteristics, and the economic benefits these fuels bring to regional communities through motorsport events. This decision reflects the policy objective of the Act to allow for flexibility in fuel standards where necessary to support specific industries, provided there is no significant adverse impact on the environment or public health and safety.

Scope and Application

The Fuel Quality Standards Act 2000 applies to entities and individuals involved in the supply and use of liquid fuels within Australia, with a particular focus on maintaining and enforcing quality standards to protect the environment, occupational and public health, and the interests of consumers. This Act applies to the manufacture, importation, distribution, sale, and use of liquid fuels such as petrol and diesel, ensuring they meet specified quality standards. The Act’s jurisdiction covers the entire Commonwealth of Australia, ensuring a consistent standard across all states and territories. Certain entities and activities may be exempt from the Act's provisions under specific conditions, such as fuels used for specialised purposes under approved exemptions. The Act allows for variations through subordinate instruments, such as the approval granted to ACB Group Pty Ltd, which adjusts fuel quality standards for petrol for specialised racing fuels, demonstrating the flexibility within the legislative framework to accommodate unique industry needs while maintaining overarching regulatory standards.

Key Provisions

The key sections of the notice under the Fuel Quality Standards Act 2000 pertain to the approval granted to ACB Group Pty Ltd for the supply of specialised racing fuels until 30 June 2025. This approval allows for petrol with specific fuel quality standards, including a maximum aromatics content of up to 70% v/v, a maximum ethanol content of up to 20% v/v, and a maximum oxygen content of up to 6% m/m (Section 13). These standards are specified in the Fuel Quality Standards (Petrol) Determination 2024. The approval is subject to certain conditions and requirements that are outlined in the Act and the determination. The Act imposes several obligations on ACB Group Pty Ltd, as well as any other entities involved in the supply of the approved fuel. These include ensuring that the fuel is only used for motor sport activities, that it is handled and stored according to specified protocols, and that it is supplied in sealed containers of up to 200 litres. Additionally, ACB Group Pty Ltd must provide safe handling information with the fuel. The entity must also adhere to environmental and safety protocols to mitigate any potential impacts on the environment and public health and safety. Failure to comply with the provisions of the Act and the conditions of the approval may result in civil or criminal penalties. The specific penalties for non-compliance are not detailed in the notice but could include fines, imprisonment, or both, depending on the severity of the breach. The maximum penalties for offences under the Act can be significant, reflecting the importance of adhering to the fuel quality standards and the conditions of the approval.

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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.