Notice Under Section 17D (2) of the Fuel Quality Standards Act 2000 of a Variation to a Section 13 Approval (C2025G00020) to Update the Official Business Name from Fulie Energy Pty Ltd to RD Australia Pty Ltd

Overview

The Fuel Quality Standards Act 2000 was enacted to ensure that fuel supplied in Australia meets minimum quality standards, thereby protecting public health and the environment. This Act was introduced to address the problem of substandard fuel quality, which could lead to increased emissions and environmental degradation, as well as health risks for consumers. The Parliament of Australia established this legislative framework to regulate and enforce fuel quality standards. The policy objective of the Act is to mandate consistent and high-quality fuel standards across the nation, thereby safeguarding public health and the environment from the adverse effects of low-quality fuels. This legislation empowers the relevant authorities to set and enforce standards for various types of fuel, including automotive diesel, and to grant specific approvals to entities that wish to supply fuel that meets certain conditions.

Scope and Application

The Fuel Quality Standards Act 2000 applies to entities involved in the supply and production of fuel within Australia. Specifically, this Act governs the approval process for variations in fuel standards, ensuring that any changes to fuel quality comply with regulatory requirements. The Act applies to companies such as RD Australia Pty Ltd, which has been granted a section 13 approval for the supply of renewable diesel with specific density requirements. This approval is regulated at the Commonwealth level, ensuring a uniform standard across all states and territories. The Act does not explicitly state exclusions or thresholds; however, the need for approval under section 13 suggests that any deviation from the standard fuel quality parameters requires formal authorisation. Subordinate instruments may further detail the application and enforcement of the Act, but the primary legislation sets out the overarching framework. The variation in this instance reflects a name change for the approval holder, aligning the official records with the entity’s updated business name as recognised by the Australian Securities and Investments Commission.

Key Provisions

The notice under section 17D(2) of the Fuel Quality Standards Act 2000 (the Act) informs the public of a variation to a section 13 approval. This approval, originally granted to Fulie Energy Pty Ltd, has been updated to reflect the entity’s official change of name to RD Australia Pty Ltd, as confirmed by the Australian Securities and Investments Commission. The variation pertains to the approval previously given to Fulie Energy Pty Ltd, which allowed the supply of renewable diesel with a minimum density value of 765 kg/m3 under the Fuel Quality Standards (Automotive Diesel) Determination 2019 (section 13 approval (C2025G00020)). This variation ensures that the official business name on the approval reflects the entity’s current legal designation. Under the Act, the entities governed by section 13 approvals must comply with the specific fuel quality standards set out in the determinations. The obligation of RD Australia Pty Ltd, now the holder of the section 13 approval, includes adhering to the stipulated fuel standards and ensuring that any renewable diesel supplied meets the specified density value of 765 kg/m3. The variation itself does not alter the terms of the approval but ensures the entity's name is accurately recorded. The period of operation for this variation runs from the date of the notice until the original approval expires on 31 December 2025. Breaching the terms of a section 13 approval under the Act can lead to significant consequences. Any failure to comply with the specified fuel quality standards can result in enforcement actions, which may include administrative penalties or legal proceedings. While the notice does not specify exact penalties, the Act provides for substantial fines and potential imprisonment for serious or repeated breaches. The maximum penalties for contravening fuel quality standards can vary, but they are intended to ensure strict adherence to the prescribed standards to maintain fuel quality and consumer safety. Given the importance of maintaining accurate records and compliance with the Act, RD Australia Pty Ltd must ensure that all operations align with the approval conditions. Failure to comply with the updated approval terms can result in enforcement actions, which might include fines, legal penalties, or both. The regulatory framework is designed to protect public interest by ensuring that fuel supplied meets the required quality standards, thus safeguarding both environmental and consumer interests.