Notice Under Section 17A of the Fuel Quality Standards Act 2000 for Variation of the Fuel Quality Standards (Petrol) Determination 2024 and the Fuel Quality Standards (Ethanol E85) Determination 2024 - International Motorsport Solutions Pty Ltd (Expiry 30 June 2025)

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

Legislation au C2024G00430 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 AND THE FUEL QUALITY STANDARDS (ETHANOL E85) DETERMINATION 2024
- INTERNATIONAL MOTORSPORT SOLUTIONS 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

International Motorsport Solutions Pty Ltd (ABN 40 122 179 524)

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 diisopropyl ether (DIPE) content of up to 25% v/v
  • a maximum ethanol content in petrol of up to 30% v/v
  • a maximum ethyl tertiary butyl ether (ETBE) content of up to 20% v/v
  • a maximum methyl tertiary butyl ether (MTBE) content of up to 50% v/v
  • a maximum oxygen content in petrol of up to 10.2% 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. 

This approval varies the fuel standard for ethanol as set out in the Fuel Quality Standards (Ethanol E85) Determination 2024 (E85 Determination), so that fuels containing:

  • a minimum Motor Octane Number (MON) of 84.5

is taken to comply with the relevant parameters specified in the E85 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 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.

Each racing category is managed by industry bodies that set homologation for their events. These set the 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 regulate the quality of fuel sold in the country, aiming to protect the environment, public health, and safety. The Act empowers the Minister for Climate Change, Energy, the Environment and Water to set fuel quality standards through determinations and to approve variations for special circumstances, such as in the case of specialist racing fuels. The policy objective is to balance environmental protection and public safety with the specific needs of the motorsport industry, ensuring that the supply of specialised fuels does not significantly impact air quality or public health while supporting regional economic development through motorsport events. The Branch Head of Liquid Fuels at the Department of Climate Change, Energy, the Environment and Water has granted an approval under this Act, allowing International Motorsport Solutions Pty Ltd to supply petrol and ethanol fuels with specific parameters for racing purposes, recognising the unique requirements of the motorsport sector and its contribution to regional economies.

Scope and Application

The Fuel Quality Standards Act 2000 applies to entities and individuals involved in the supply, production, importation, or use of fuel in Australia, specifically targeting the quality of petrol and ethanol fuels. The Act's jurisdiction extends across the Commonwealth, encompassing all states and territories within Australia, with the aim of ensuring that fuel quality standards are maintained to protect the environment, public health, and safety. This legislation specifically targets the fuel industry, setting out the permissible levels of various fuel constituents, including aromatics, ethers, and oxygen content. The application of the Act is broad, affecting both domestic and international entities supplying fuel in Australia. However, certain entities may be granted exemptions or variations under specific provisions, such as the approval granted to International Motorsport Solutions Pty Ltd for the supply of specialised racing fuels. This approval, which modifies the standard parameters for petrol and ethanol fuels, is subject to strict conditions and is limited to the supply of racing fuels until 30 June 2025. The Act's application can also be extended or restricted through subordinate instruments, allowing for adjustments to fuel quality standards in response to technological advancements, environmental concerns, or economic considerations.

Key Provisions

The Fuel Quality Standards Act 2000 (the Act) regulates the quality of fuels sold in Australia, and section 17A of the Act allows the Branch Head of the Liquid Fuels Branch of the Department of Climate Change, Energy, the Environment and Water to vary fuel quality standards under specific circumstances. Section 13 of the Act empowers the Branch Head to grant an approval to supply fuel that does not meet standard quality requirements if certain conditions are met, and section 24A of the Act mandates consultation with the Fuel Standards Consultative Committee before granting such an approval. The approval granted under section 13 of the Act allows International Motorsport Solutions Pty Ltd to supply petrol with higher levels of aromatics, diisopropyl ether, ethanol, ethyl tertiary butyl ether, and methyl tertiary butyl ether, as well as ethanol with a lower Motor Octane Number, for specialised racing purposes until 30 June 2025. This approval recognises the specific needs of the motor racing industry, where certain fuels are required to meet the performance specifications of international racing standards. The Act imposes several obligations on the parties involved. International Motorsport Solutions Pty Ltd, as the approval holder, must ensure that the supplied fuel meets the specified parameters and is used solely for the purposes outlined in the approval. The Branch Head must consult with the Fuel Standards Consultative Committee as required by section 24A of the Act and provide detailed information about the decision to grant the approval. The approval holder must also comply with any conditions set by the Branch Head, such as the use of sealed containers and the provision of safe handling information. Furthermore, the Branch Head must consider the potential environmental, health, and safety impacts of the approval and ensure that these are adequately managed. Breaches of the conditions set out in the approval or non-compliance with the terms of the Act may result in civil and criminal penalties. Under section 50 of the Act, a person who contravenes a condition of an approval is liable to a penalty of up to 5,000 penalty units for an individual and 25,000 penalty units for a body corporate. Additionally, under section 51 of the Act, a person who contravenes a provision of the Act is liable to a penalty of up to 10,000 penalty units for an individual and 50,000 penalty units for a body corporate. The maximum penalties reflect the seriousness of non-compliance and the potential harm to the environment and public health that may result from such breaches. The Act also provides for the enforcement of these penalties through the courts, and non-compliance may result in legal proceedings being initiated against the offending party.

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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.