ACTING BRANCH HEAD, LIQUID FUELS OPERATIONS AND ANALYSIS BRANCH
DEPARTMENT OF CLIMATE CHANGE, ENERGY, THE ENVIRONMENT AND WATER
NOTICE UNDER SECTION 17E(3) OF THE FUEL QUALITY STANDARDS ACT 2000 FOR VARIATION TO AN EXISTING SECTION 13 APPROVAL TO ADD REGULATED PERSONS – VP RACING FUELS PTY LTD (EXPIRY 30 JUNE 2027)
I, Trent Kohlhagen, A/g 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 vary an existing approval under section 13 of the Fuel Quality Standards Act 2000 (the Act).
Name of approval holder
VP Racing Fuels Pty Ltd (ABN 55 099 469 799)
Details of the existing approval
The existing approval to VP Racing Fuels Pty Ltd was granted to vary the fuel standard for petrol as set out in the Fuel Quality Standards (Petrol) Determination 2024 (Petrol Determination), so that fuels containing:
- a maximum diisopropyl ether (DIPE) content of up to 25% v/v
- a maximum methyl tertiary butyl ether (MTBE) content of up to 55% v/v
- a maximum olefins content of up to 55% v/v
- a maximum oxygen content of up to 9.50% m/m
is taken to comply with the relevant parameters specified in the Petrol Determination in respect of the supply of specialised racing fuels.
The existing approval also varies the fuel standard for ethanol as set out in the Fuel Quality Standards (Ethanol E85) Determination 2024 (E85 Determination), so that fuels containing:
- a maximum ethers-5 or more C atoms content of up to 20% v/v
is taken to comply with the relevant parameters specified in the E85 Determination in respect of the supply of specialised racing fuels (Gazette C2025G00289).
The approval is in force from 10 June 2025 to 30 June 2027.
Details of the variation
Pursuant to subsection 17E(3) of the Act, this variation adds the following regulated person to the approval:
Name | ABN | Street Address |
VPW Australia | 21 050 277 364 | 122-128 Cooper St, Epping VIC 3076 |
Period of operation
The variation comes into force from the date of signature and remains in force until the end of the existing section 13 approval, of 30 June 2027.
Summary of the reasons for the approval:
- The addition of one regulated person is not expected to materially impact the volumes of specialist racing fuels supplied by VP under its existing approval. Regulated persons must comply with any conditions imposed by the existing variation.
- 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. Specialist racing fuels are supplied in sealed containers of up to a maximum of 200 litres capacity and are used in small quantities. Safety data sheets must be provided to each consumer outlining the health risks, and how to mitigate any associated risks.
- 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 meet the needs of a niche market for consumers who require 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.
………………………………………………………………………….
Trent Kohlhagen
A/g Branch Head
Liquid Fuels Operations and Analysis Branch
23 July 2025
Overview
The Fuel Quality Standards Act 2000 was enacted by the Australian Parliament to regulate the quality standards of fuel sold in Australia, aiming to address the need for consistent and safe fuel quality across the country. This Act provides a framework for setting and enforcing fuel quality standards to protect public health and safety, as well as to reduce environmental impacts. The policy objective of the Act is to ensure that the fuels supplied in Australia meet specific quality parameters that are set to safeguard against health risks and environmental degradation. The enactment of this legislation fills a critical gap by establishing a regulatory environment that can adapt to emerging fuel quality issues and technological advancements in fuel production and usage.
Scope and Application
The Fuel Quality Standards Act 2000 applies to the regulation of fuel quality within Australia, including the approval of fuel standards for specialised racing fuels. This Act is administered at the Commonwealth level and applies to entities and individuals involved in the production, supply, and sale of fuel in Australia. Specifically, the Act allows for the variation of fuel standards for petrol and ethanol to accommodate the unique requirements of specialist racing fuels. This variation is applicable to VP Racing Fuels Pty Ltd, with an additional regulated person, VPW Australia, now included in the existing approval. The Act’s provisions ensure that occupational and public health and safety risks are minimised through the conditions of approval, including the provision of safety data sheets and restrictions on the volume and use of these specialised fuels. The Act does not specify any exclusions or exemptions in this context, and its application can be extended or restricted through subordinate instruments such as determinations and approvals.
Key Provisions
The key operative sections of the Fuel Quality Standards Act 2000 (the Act) relevant to this notice involve section 13, which pertains to approvals for varying fuel standards, and section 17E(3), which allows for the addition of regulated persons to an existing approval. Under section 13, the Act permits the granting of approvals to vary fuel standards, which in this case concerns petrol and ethanol specifications for specialised racing fuels. Section 17E(3) specifically allows for the variation to include additional regulated persons, as seen in the notice concerning VP Racing Fuels Pty Ltd.
The obligations imposed on the parties governed by this Act include adhering to the fuel standards set out in the Petrol Determination and the E85 Determination, as well as any conditions stipulated by the approval. VP Racing Fuels Pty Ltd and the newly added regulated person, VPW Australia, must ensure that the specialised racing fuels they supply comply with the approved parameters. This includes providing safety data sheets to consumers, which outline the health risks and mitigation strategies associated with the use of these fuels. These obligations aim to maintain occupational and public health and safety while ensuring the supply of specialist racing fuels to the market.
Failure to comply with the conditions of the approval may result in civil or criminal consequences. The Act does not explicitly state the specific offences, penalties, or consequences for breaches; however, it is understood that non-compliance could lead to enforcement actions, fines, or other penalties as prescribed under relevant legislation. The potential penalties would depend on the severity and nature of the breach, but the Act provides a framework for regulatory action against those who fail to meet their obligations under the approval.
In summary, the Act establishes a regulatory framework for varying fuel standards and includes provisions for adding regulated persons to existing approvals. The obligations for VP Racing Fuels Pty Ltd and VPW Australia involve adhering to specific fuel standards and providing necessary safety information to consumers. Non-compliance with these obligations could result in enforcement actions and penalties, although the exact nature of these consequences is not detailed in the notice.