Notice Under Section 17A of The Fuel Quality Standards Act 2000 for Variation of the Fuel Quality Standards (Petrol) Determination 2024 – Race Torque Engineering Pty Ltd (Expiry 30 June 2026)

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

Legislation au C2025G00094 In force Gazette

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BRANCH HEAD, LIQUID FUELS OPERATIONS AND ANALYSIS 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
– RACE TORQUE ENGINEERING PTY LTD (EXPIRY 30 JUNE 2026)

I, Cris Cano, Branch Head, Liquid Fuels Operations and Analysis Branch, delegate of the Minister for Climate Change and Energy, 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 

Race Torque Engineering Pty Ltd (ABN 65 096 925 996) 

Details of the approval 

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

  • a maximum ethyl tertiary butyl ether (ETBE) content of 20% v/v
  • a maximum methyl tertiary butyl ether (MTBE) content of 13% v/v
  • a maximum olefins content of 20% v/v
  • a maximum oxygen content of 4.65% 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 2026).  

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 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 race fuel used in each event, which often aids in achieving more complete combustion. These fuels generally have low levels of impurities and only trace levels of minerals such as sulfur and phosphorus compared to pump fuels, and therefore often burn cleaner.

Specialised racing fuels are supplied and used in small quantities in sealed drums, ranging from 20 litres to 200 litres, intended for motorsport activities in controlled environments with strict protocols in place for storage, handling, and spill management. Fuels are only sold in sealed, approved dangerous goods containers which comply with the Australian Code for the Transport of Dangerous Goods by Road and Rail (ADG Code).

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.

With these handling protocols in place, it is expected the specialist racing fuels supplied by Race Torque under this approval for motorsport activities will not have any material 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, highly controlled and confined to race vehicles. The fuel 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 that outline the health risks, how to mitigate any associated risks, and penalties associated with failure to safely store and manage the fuels.

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

(c) The interests of consumers 

Enabling the supply of specialist race fuels through Race Torque’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. Without the supply of fuels that optimise performance, these motorsport industries would be severely impacted in Australia.

(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 continued and controlled supply of specialist racing fuels would have an adverse effect on national and regional motorsport competitions and the economic benefits that flow from them.

 

 

 

…………………………………………………………………………. 

Cris Cano
Branch Head
Liquid Fuels Operations and Analysis Branch  
25 February 2025

Overview

The Fuel Quality Standards Act 2000, enacted by the Parliament of Australia, was introduced to ensure that fuel quality meets certain standards to protect the environment, public health, and safety. This legislation aims to regulate the quality of liquid fuels, including petrol, by setting specific standards that fuel suppliers must adhere to. In the case of Race Torque Engineering Pty Ltd, the Act allows for variations to these standards under specific circumstances, such as the supply of specialist racing fuels. Cris Cano, as the delegate of the Minister for Climate Change and Energy, granted an approval under the Act to permit Race Torque Engineering Pty Ltd to supply petrol with specific chemical content limits for use in motorsport activities. This decision was made considering the protection of the environment, occupational and public health and safety, the interests of consumers, and the economic and regional development benefits associated with motorsport events in Australia.

Scope and Application

The Fuel Quality Standards Act 2000 applies to the supply and use of fuel within Australia, particularly focusing on the standards that fuel must meet to ensure it does not adversely affect the environment or public health. The Act applies to entities involved in the production, importation, and distribution of fuel, as well as to the retail sale of fuel to the public. It includes provisions for the establishment and variation of fuel quality standards, with the aim of protecting the environment, ensuring occupational and public health and safety, and promoting economic and regional development. The Act's jurisdiction is national, covering all states and territories within Australia. The Act includes provisions for exclusions, exemptions, and thresholds, which can be varied through subordinate instruments such as determinations and approvals under the Act. In this case, the approval granted to Race Torque Engineering Pty Ltd under section 13 of the Act modifies the petrol quality standards for the supply of specialist racing fuels, reflecting the specific needs of the motorsport industry.

Key Provisions

Under section 13 of the Fuel Quality Standards Act 2000 (the Act), this approval allows Race Torque Engineering Pty Ltd to supply petrol that contains up to 20% ethyl tertiary butyl ether (ETBE), 13% methyl tertiary butyl ether (MTBE), 20% olefins, and 4.65% oxygen content. This approval is specific to specialist racing fuels and applies until 30 June 2026. The approval recognises the specific requirements of the motorsport industry, where engines are tuned to the characteristics of these fuels, and where the use of these fuels results in cleaner burning and fewer emissions when used in controlled environments. The approval is also premised on strict handling protocols and the use of sealed, approved containers, as outlined in the Australian Code for the Transport of Dangerous Goods by Road and Rail (ADG Code). The Act imposes several obligations on the parties it governs. Race Torque Engineering Pty Ltd must ensure that the petrol supplied under this approval complies with the specified parameters (i.e., the ETBE, MTBE, olefins, and oxygen content limits). This requires Race Torque to monitor and manage the composition of the petrol supplied and ensure that it adheres to the conditions of the approval. Additionally, Race Torque must ensure that all petrol supplied is stored, handled, and transported in accordance with the ADG Code, including the use of approved containers and adherence to the relevant environmental protocols. These obligations are designed to ensure that the supply of specialist racing fuels does not adversely affect the environment, occupational and public health and safety, and regional economic development. Failure to comply with the conditions of the approval or the obligations imposed by the Act may result in civil or criminal consequences. Under section 17E of the Act, an approval holder that contravenes the conditions of the approval is liable to a penalty of up to 5,000 penalty units (currently AUD 1,015,000) for a corporation. Additionally, under section 17F, a person who is involved in the supply of petrol that does not comply with the approval or the Act may be liable to a penalty of up to 1,000 penalty units (currently AUD 203,000). It is important to note that these penalties are in addition to any other civil or criminal penalties that may apply. The Act also provides for the possibility of prosecution for serious or repeated breaches, which may result in further penalties or imprisonment.

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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.