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

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

Legislation au C2024G00431 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
- JUST FUEL PETROLEUM SERVICES 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

Just Fuel Petroleum Services Pty Ltd (ABN 62 080 584 578)

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 55% v/v
  • a maximum ethanol content in petrol of up to 20% v/v
  • a maximum oxygen content in petrol of up to 7% 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 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 was enacted to regulate the quality of liquid fuels in Australia, addressing the need to balance environmental protection, occupational and public health and safety, consumer interests, and economic and regional development. The Act was introduced to ensure that liquid fuels meet certain quality standards to protect the environment, safeguard public health and safety, and support economic activities. The Act was passed by the Parliament of Australia with the policy objective of maintaining and enhancing the quality of liquid fuels while considering the diverse needs of various sectors. The Act provides a framework for setting and enforcing fuel quality standards, ensuring that fuels available in the market are safe, environmentally friendly, and meet the operational requirements of different industries, including motorsports.

Scope and Application

The Fuel Quality Standards Act 2000 applies to entities and individuals involved in the supply, manufacture, importation, and sale of fuel within Australia, encompassing various fuel types, including petrol. The Act sets forth the quality standards that these fuels must meet to ensure environmental protection, public health, and safety. This legislation applies across the entire Commonwealth and is enforced by the Department of Climate Change, Energy, the Environment and Water. Specific exclusions and exemptions are generally defined within the Act or through subsidiary legislation, such as the Fuel Quality Standards (Petrol) Determination 2024, which may include provisions for specific fuels or conditions under which certain standards may be varied. In this instance, the Act facilitates the variation of fuel standards through approvals, such as the one granted to Just Fuel Petroleum Services Pty Ltd, allowing for the supply of specialised racing fuels with higher aromatics, ethanol, and oxygen content for a limited period. This approval underscores the Act's flexibility in accommodating specific industry needs while maintaining overarching regulatory standards.

Key Provisions

The key operative sections of the notice under Section 17A of the Fuel Quality Standards Act 2000 (the Act) include Section 13, which allows the Minister to grant an approval for the variation of fuel quality standards. Section 24A requires consultation with the Fuel Standards Consultative Committee before granting such an approval. The notice specifies that the approval is granted to Just Fuel Petroleum Services Pty Ltd, allowing them to supply petrol with specific parameters until 30 June 2025. The parameters include a maximum aromatics content of up to 55% v/v, a maximum ethanol content of up to 20% v/v, and a maximum oxygen content of up to 7% m/m for specialised racing fuels. This Act imposes obligations on Just Fuel Petroleum Services Pty Ltd to ensure that the petrol supplied meets the specified parameters and complies with the conditions of the approval. The company must adhere to environmental protocols and safety measures to minimise the impact on the environment and public health. Additionally, they must ensure that the fuel is used only for motor sport activities, as outlined in the approval, and provide safe handling information to users. The company must also ensure that the fuel is not misused or wasted, given its higher price as a disincentive. The notice also outlines potential consequences for breach of the approval conditions. While the specific penalties are not detailed in the notice, breaches of the Act can result in substantial penalties. Under Section 17 of the Act, a person who contravenes a provision of the Act is liable to a fine of up to $22,200 for an individual or $111,000 for a body corporate, depending on the severity of the offence. Additionally, there may be civil consequences for any environmental harm caused by non-compliance, and criminal penalties for wilful or negligent breaches that result in serious harm. These penalties underscore the importance of adhering to the conditions set out in 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.