Notice Under Section 17A of the Fuel Quality Standards Act 2000 for Variation of the Fuel Quality Standards (Petrol) Determination 2024 – Race Fuels Pty Ltd (Expiry 30 June 2027)

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

Legislation au C2025G00290 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 2024 – RACE FUELS PTY LTD (EXPIRY 30 JUNE 2027)

 I, Paula Svarcas, Head of Division, Gas and Liquid Fuels Division, delegate of the Minister for Climate Change and Energy, provide the following information concerning my decision under section 17D of the Fuel Quality Standards Act 2000 (the Act) to vary an existing approval made under section 13 of the Act.

Name of approval holder 

Race Fuels Pty Ltd (ABN 23 090 961 265) 

Details of the approval 

The existing approval to Race Fuels Pty Ltd was granted to vary the Fuel Quality Standards (Petrol) Determination 2024 (Petrol Standard) to permit the supply of specialist racing fuels.

This approval extends the variation to the Petrol Standard so that fuel containing:  

  • a maximum ethyl tertiary butyl ether (ETBE) content of 25% v/v
  • a maximum methyl tertiary butyl ether (MTBE) content of 35% v/v  
  • a maximum olefins content of 39% v/v
  • a maximum oxygen content of 17.5% m/m 

is taken to comply with the relevant parameters specified in the Petrol Standard in respect of the supply of specialist racing fuels.

Pursuant to paragraphs 13A(1) and (2) of the Act, the listed approval comes into force on the date of approval and remains in force for the period specified in the approval (being until 30 June 2027).  

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 with regard to matters specified under section 15 of the Act, in particular:   

(a) The protection of the environment 

The specialist racing fuels subject to this approval are supplied in sealed drums ranging from 20 litres to 200 litres. The fuel is used in small quantities for motorsport activities in controlled environments. These events have strict protocols in place for storage, handling and spill management. Fuels will be sold in approved dangerous goods containers which comply with the Australian Code for the Transport of Dangerous Goods by Road and Rail.

Motorsport events have protocols in place to reduce environmental impacts. The fuelling area is managed using environmental fuel spill kits, mats, bunding and other equipment to reduce any risk of impact to the environment.

More generally, the strict management of the motorsport industry results in fewer emissions released into the environment from the use of specialist racing fuels. Racing vehicle engines are tuned specifically to the type of racing fuel used, which aids in achieving more complete combustion. These fuels generally have low levels of impurities and only trace levels of chemicals such as sulfur and phosphorus compared to pump fuels, and therefore often burn cleaner.

With these packaging and supply protocols in place, it is expected that the specialist racing fuels supplied by Race Fuels Pty Ltd under this approval will not have any material adverse impact on the environment.

(b) The protection of occupational and public health and safety 

The fuels subject to this approval are not likely to have a significant impact on the health and safety of users as the volume of fuel used is low, highly controlled and confined to racing vehicles. These fuels will generally be used by competitors at events in large outdoor areas.

Specialist racing fuels are supplied in sealed containers of up to 200 litres capacity and are used in small quantities. Safety data sheets are provided to each consumer outlining the health risks, how to mitigate any associated risks, and penalties associated with the failure to safely store and manage the fuels.

Occupational and public health and safety risks resulting from short-term and intermittent use of these fuels will be minimised through the conditions of approval.

(c) The interests of consumers 

Enabling the supply of specialist racing fuels through Race Fuels Pty Ltd’s section 13 approval provides a fuel that is professionally produced and safely made available for racing consumers.

Specialist racing fuels meet the needs of a niche market for specific categories of motor racing. Participants use vehicles with engines built and manufactured to the international fuel specifications set by racing organisations. Consumers seek the performance and operability characteristics provided by these fuels. If the supply of racing fuels in Australia is inadequate, racing participants would need to blend their own fuels, leading to increased environmental and safety risks to competitors and the community.

(d) The impact on economic and regional development 

Motorsport events are regularly held in regional Australian areas and provide an ongoing benefit to these regional communities by generating income and opportunities for growth. Limiting the continued and controlled supply of specialist racing fuels would have an adverse effect on national and regional motorsport competitions and the economic benefits that would flow from them.

 

 

…………………………………………………………………………. 

Paula Svarcas 

Head of Division

Gas and Liquid Fuels    

10 June 2025 

Overview

The Fuel Quality Standards Act 2000 was enacted to regulate the quality of fuel sold in Australia, aiming to protect the environment, public health, and safety, while also considering economic and regional development interests. The Act empowers the Minister for Climate Change and Energy to approve variations in fuel quality standards through the issuing of approvals under section 13. This approach allows for the flexibility needed to accommodate the unique requirements of niche markets, such as specialist racing fuels, which are crucial for the motorsport industry. The decision to approve Race Fuels Pty Ltd’s variation to the Fuel Quality Standards (Petrol) Determination 2024, as detailed in the notice, reflects a balance between maintaining stringent environmental and safety standards and supporting the growth of regional economies through motorsport events. The approval ensures that the supply of specialist racing fuels adheres to strict protocols, thereby minimising any potential adverse environmental impacts while safeguarding health and safety and meeting the specific needs of the racing community.

Scope and Application

The Fuel Quality Standards Act 2000 applies to entities involved in the production, supply, and distribution of fuel within Australia, including specialist racing fuels. This particular legislation pertains to Race Fuels Pty Ltd, which has been granted an approval to vary the Fuel Quality Standards (Petrol) Determination 2024 to supply specialist racing fuels. The approval allows the supply of petrol containing specific concentrations of ETBE, MTBE, olefins, and oxygen, which comply with the parameters set by the Petrol Standard. This Act operates at the Commonwealth level and provides flexibility through subordinate instruments, such as approvals under section 13, to accommodate special circumstances while maintaining stringent controls. The approval granted to Race Fuels Pty Ltd is subject to stringent conditions aimed at protecting the environment, ensuring occupational and public health and safety, meeting consumer interests, and supporting economic and regional development through the controlled supply of specialist racing fuels.

Key Provisions

The notice under section 17A of the Fuel Quality Standards Act 2000 (the Act) pertains to a variation of the Fuel Quality Standards (Petrol) Determination 2024 for Race Fuels Pty Ltd. This variation, as specified in section 17D of the Act, allows Race Fuels Pty Ltd to supply specialist racing fuels that deviate from the standard petrol specifications. The approval, granted under section 13 of the Act, authorises the company to supply petrol with a maximum ethyl tertiary butyl ether (ETBE) content of 25% v/v, a maximum methyl tertiary butyl ether (MTBE) content of 35% v/v, a maximum olefins content of 39% v/v, and a maximum oxygen content of 17.5% m/m. This approval will remain in effect until 30 June 2027, as outlined in the approval details (section 13A(2)). The obligations imposed by this Act on Race Fuels Pty Ltd include ensuring that the specialist racing fuels supplied comply with the specified parameters and that they are supplied in sealed drums ranging from 20 to 200 litres. The company must adhere to strict protocols for storage, handling, and spill management during motorsport events, using approved dangerous goods containers that meet the Australian Code for the Transport of Dangerous Goods by Road and Rail. Additionally, Race Fuels Pty Ltd must provide safety data sheets to each consumer, detailing the health risks, risk mitigation measures, and penalties for non-compliance with safe storage and management practices. The Act also outlines the potential civil or criminal consequences for breaches. If Race Fuels Pty Ltd fails to comply with the conditions of the approval, it may face enforcement actions, including fines or other penalties as prescribed by the Act. While specific maximum penalties are not detailed in this notice, the Act provides for substantial penalties for non-compliance, which could include fines up to several thousand Australian dollars, depending on the severity and frequency of the breaches. Furthermore, repeated or significant breaches could lead to further regulatory action, such as the revocation of the approval or other sanctions that could impact the company’s operations.

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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.