Notice Under Section 17A of the Fuel Quality Standards Act 2000 for Variation of the Fuel Quality Standards (Petrol) Determination 2024 – Victoria James Enterprises Pty Ltd (Expiry 30 June 2026)

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

Legislation au C2025G00245 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
– VICTORIA JAMES ENTERPRISES 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 

Victoria James Enterprises Pty Ltd (ABN 72 682 013 172) 

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 aromatics content of 70% v/v
  • a maximum ethanol content of 20% v/v
  • a maximum oxygen content of 6% 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 specialised racing fuels to be supplied through this approval will be used in small quantities, sold in sealed drums, ranging from 20 litres to 200 litres, predominantly for motorsport activities in controlled environments with 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 (ADG Code).

With these handling protocols, along with motorsport specific protocols in place, it is expected the specialist racing fuels supplied by Victoria James Enterprises Pty Ltd under this approval will not have any material adverse impact on 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 race 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.

(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 Victoria James Enterprises 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. 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  
7 May 2025

 

Overview

The Fuel Quality Standards Act 2000 was enacted to regulate the quality of liquid fuels in Australia, addressing the need for standards that protect the environment, public health, and safety, while also catering to specific market needs. The Act empowers the Minister for Climate Change and Energy to establish fuel quality standards and approve deviations where necessary, with the intent to balance economic and environmental considerations. Parliament established this Act to ensure that the supply of fuels meets stringent quality benchmarks while accommodating the unique requirements of niche markets, such as specialist racing fuels. In this context, Cris Cano, as the delegate of the Minister, has granted Victoria James Enterprises Pty Ltd an approval to supply specialist racing fuels that meet specific aromatics, ethanol, and oxygen content standards until 30 June 2026. The decision considers environmental protection, occupational and public health and safety, consumer interests, and the economic benefits of motorsport events in regional areas.

Scope and Application

The Fuel Quality Standards Act 2000 applies to various entities involved in the production, distribution, and sale of liquid fuels in Australia, with a specific focus on ensuring that fuel quality standards are maintained to protect the environment, safeguard occupational and public health and safety, and meet consumer needs. The Act operates on a Commonwealth level, impacting fuel quality across all states and territories. Under this legislation, the Minister for Climate Change and Energy can delegate authority to approve variations in fuel standards for specific purposes, such as the supply of specialist racing fuels. The approval granted to Victoria James Enterprises Pty Ltd under section 13 of the Act, for instance, allows for a deviation from the standard fuel quality parameters to accommodate the unique needs of specialist racing fuels. This approval is in effect until 30 June 2026 and applies to the sale of petrol containing specified levels of aromatics, ethanol, and oxygen, tailored for motorsport activities. The Act's provisions are supplemented by subordinate instruments that may further extend or restrict its application, ensuring compliance with national and international standards.

Key Provisions

The primary sections of the Fuel Quality Standards Act 2000 that are relevant to this notice are sections 13, 13A, 15, and 24A. Section 13 allows for the granting of an approval to vary the fuel quality standards, while section 13A specifies the terms under which such approvals operate. Section 15 outlines the considerations that must be taken into account when granting such an approval, including environmental protection, public health and safety, consumer interests, and economic and regional development. Section 24A requires the Minister to consult with the Fuel Standards Consultative Committee before granting the approval. Under the terms of this approval, Victoria James Enterprises Pty Ltd can supply petrol with specified maximum contents of aromatics, ethanol, and oxygen, which would otherwise not comply with the general standards specified in the Fuel Quality Standards (Petrol) Determination 2024. The approval is valid until 30 June 2026. The Act imposes several obligations on the parties involved, including Victoria James Enterprises Pty Ltd and the Minister. The Minister, through the Branch Head, must consider various factors as outlined in section 15 of the Act when granting an approval. These include the protection of the environment, the protection of occupational and public health and safety, the interests of consumers, and the impact on economic and regional development. The approval holder, Victoria James Enterprises Pty Ltd, must adhere to the conditions specified in the approval, including the sale of fuel in sealed containers of up to 200 litres, providing Safety Data Sheets to each consumer, and ensuring that the fuel is used in controlled motorsport environments. Failure to comply with the terms of the approval or the conditions set out in the Act may result in legal consequences. While the notice does not explicitly detail penalties for breach, breaches of the Act generally may lead to civil or criminal penalties, depending on the nature and severity of the breach. The maximum penalties for offences under the Act can vary, but they may include fines and imprisonment, reflecting the seriousness with which the Act is enforced to ensure compliance with fuel quality standards and related regulations. The specific penalties would be determined based on the particular breach and the discretion of the court.

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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.