A/G GENERAL MANAGER, LIQUID FUELS BRANCH
DEPARTMENT OF INDUSTRY, SCIENCE, ENERGY AND RESOURCES
NOTICE UNDER SECTION 17E (3) OF THE FUEL QUALITY STANDARDS ACT 2000 CONCERNING A DECISION TO VARY AN APPROVAL GRANTED TO INTERNATIONAL MOTORSPORT SOLUTIONS PTY LTD UNDER SECTION 13 OF THAT ACT
I, Dione Scheltus A/g General Manager, Liquid Fuels Branch, delegate of the Minister for Energy and Emissions Reduction, provide the following information concerning my decision to vary an approval granted under section 13 of the Fuel Quality Standards Act 2000.
Name of approval holder
International Motorsport Solutions Pty Ltd
Details of the variation
On 24 June 2019 an approval was granted to International Motorsport Solutions Pty Ltd to vary the Fuel Quality Standards (Petrol) Determination 2019 and the Fuel Quality Standards (Ethanol E85) Determination 2019 to permit the supply of specialist unleaded racing fuel as specified in the approval. International Motorsport Solutions Pty Ltd has since applied to vary the approval by adding the following regulated persons:
Name | ABN | Street Address |
V & A Performance | 12 891 096 863 | 37 Buckley Street,
COCKBURN CENTRAL WA 6164 |
CJ & KS Read Trading as Reads Mechanical Repairs & Exhaust Centre | 79 525 710 284 | 94 Port Road,
KADINA SOUTH AUSTRALIA, 5554 |
Total Flow Centre Pty Ltd | 60 635 712 346 | 1/10 Brand Drive,
THOMASTOWN, VICTORIA, 3074 |
Period of operation
The variation comes into force on the date of signing and remains in force until 30 June 2022.
Summary of reasons for the variation
I grant the variation as provided for in section 15 of the Act for the following reasons:
a) The protection of the environment
The variation does not amend any of the conditions imposed on the original approval and does not create any additional impacts on the environment. Twenty-three regulated persons were listed in the original approval, and another three were added in a variation on 22 May 2020. The addition of the requested three regulated, is not expected to significantly alter the volume of fuel supplied. The original approval also requires the holder to report the quantity of fuel supplied.
Specialist racing fuels are supplied to regulated persons in limited quantities and regulated persons must comply with any conditions imposed on the original approval, which includes strict requirements on the usage of the varied fuel. The fuel is also expensive compared with fuel supplied outside of the approval to the public, and the price provides a disincentive for any waste, misuse, or spillage.
b) The protection of occupational and public health and safety
All regulated persons must comply with the conditions imposed on the original approval, including supplying the fuel in sealed drums and using safe handling procedures. Given the original approval conditions also apply to the added regulated persons, the change is not expected to impact on occupational and public health and safety.
c) The interests of consumers
Specialist racing fuel meets the needs of a niche market for specific classes of motor sport. The consumers using these fuels seek the performance and operability characteristics provided by these fuels. This minor change to the number of regulated persons will have a positive impact on the interests of consumers by allowing consumers to purchase racing fuels through more suppliers.
d) The impact on economic and regional development
Motor sport events provide an ongoing financial benefit to regional communities. This minor change to the number of regulated persons does not impact negatively on economic or regional development.
The variation is granted subject to the conditions specified in section 17 of the Act.
Dione Scheltus
A/g General Manager, Liquid Fuels Branch
Department of Industry, Science, Energy and Resources
4 August 2021
Overview
The Fuel Quality Standards Act 2000 was enacted to ensure that fuel sold in Australia meets certain quality standards. This Act was introduced by the Commonwealth Parliament to address the need for consistent and high-quality fuel standards across the country, aiming to protect the environment, ensure occupational and public health and safety, and support the interests of consumers. The Act provides a framework for setting and enforcing fuel quality standards and allows for the approval of variations to these standards under specific circumstances. The policy objective is to maintain and improve fuel quality while balancing the needs of various stakeholders, including fuel suppliers, consumers, and the broader community.
Scope and Application
The Fuel Quality Standards Act 2000 applies to the approval holders and regulated persons involved in the supply of specialist unleaded racing fuel, specifically International Motorsport Solutions Pty Ltd and the newly added regulated persons V & A Performance, CJ & KS Read Trading as Reads Mechanical Repairs & Exhaust Centre, and Total Flow Centre Pty Ltd. This Act governs the quality standards of liquid fuels in Australia, ensuring that they meet specific criteria to protect the environment, public health, and safety. The Act has a national reach across Australia, administered by the Commonwealth government through the Department of Industry, Science, Energy and Resources. The Act allows for variations to existing approvals under specific circumstances, and in this case, the approval for International Motorsport Solutions Pty Ltd to supply specialist racing fuel has been varied to include additional regulated persons. The variation is subject to the original conditions of the approval and is intended to enhance the interests of consumers and support regional economic development without negatively impacting the environment or public health and safety. The Act may also extend its application through subordinate instruments, which specify additional details or conditions not covered in the primary legislation.
Key Provisions
Under the Fuel Quality Standards Act 2000, section 13 grants approvals for the supply of specialist fuels, and section 15 allows for the variation of such approvals. In this case, the variation under section 15 pertains to the addition of three regulated persons to an existing approval granted to International Motorsport Solutions Pty Ltd for the supply of specialist unleaded racing fuel (section 17E(3)). The original approval, which was granted on 24 June 2019, permits the supply of fuel as specified, with strict conditions to ensure environmental protection, occupational and public health and safety, and the interests of consumers.
The obligations imposed by the Act on the parties involved include ensuring that any regulated persons added to the approval comply with the existing conditions. These conditions mandate the use of sealed drums and adherence to safe handling procedures for the supply of specialist racing fuel, which is supplied in limited quantities. The original approval also requires the reporting of the quantity of fuel supplied. By varying the approval, the Department of Industry, Science, Energy and Resources ensures that these obligations are met by the additional regulated persons, thereby maintaining the standards set for the supply of specialist racing fuels.
Breaches of the conditions specified in the approval may result in serious consequences. The Act does not specify maximum penalties for breaches, but any non-compliance could potentially lead to the revocation of the approval, civil or criminal liability, or both. Given the stringent requirements for the handling and supply of specialist racing fuels, any failure to comply with the conditions could have significant implications for the parties involved and the broader community, including potential environmental harm, risks to occupational and public health and safety, and adverse effects on consumer interests. The variation is granted subject to the conditions specified in section 17 of the Act, which are designed to ensure that the interests of all stakeholders are protected.