Petroleum Retail Marketing Sites Regulations (Amendment)

Overview

The Petroleum Retail Marketing Sites Regulations (Amendment) Statutory Rules 1984 No. 114 was enacted to amend the existing Petroleum Retail Marketing Sites Act 1980, addressing issues related to the operation and distribution of retail sites for petroleum marketing among prescribed corporations. The primary purpose of this legislation was to extend the quota of retail sites that each prescribed corporation could directly operate, reallocate the total quota of 425 retail sites based on the market share of total petrol sales over the three-year period ending 30 June 1983, and implement new quota phasing arrangements. These arrangements were designed to help prescribed corporations achieve their final quotas of direct-operated retail sites in six-monthly stages, culminating by 1 July 1986. The enactment was carried out under the authority of the Minister for Industry and Commerce with a policy objective of ensuring a more balanced and equitable distribution of petroleum retail sites.

Scope and Application

The Petroleum Retail Marketing Sites Regulations (Amendment) Statutory Rules 1984 No. 114, issued under the authority of the Minister for Industry and Commerce, serves to amend the Schedule of the Petroleum Retail Marketing Sites Act 1980, effective from 1 July 1984. The primary aim of these regulations is to extend the quota of retail sites that each prescribed corporation is permitted to operate directly, reflecting the evolving market dynamics and ensuring a fair distribution based on historical sales data. The new total quota of 425 retail sites has been reallocated among the prescribed corporations according to their market share of total petrol sales during the three-year period ending 30 June 1983. Furthermore, these regulations introduce a phased approach for the prescribed corporations to achieve their final quotas of direct-operated retail sites, with the process to be completed in six-monthly stages by 1 July 1986. The regulations pertain specifically to prescribed corporations within the petroleum industry, and their application is geographically bound to the Commonwealth of Australia.

Key Provisions

The main operative sections of the Petroleum Retail Marketing Sites Regulations (Amendment) Statutory Rules 1984 No. 114 concern the amendment of the Schedule to the Petroleum Retail Marketing Sites Act 1980, effective from 1 July 1984. Section 3 of the Regulations details the extension of the quota of retail sites that each prescribed corporation may directly operate. This means that the number of retail sites a corporation is allowed to manage directly has been increased, effective from the specified date. Section 4 provides for the reallocation of the new total quota of 425 retail sites among the prescribed corporations. This reallocation is based on the corporations' market share of total petrol sales during the three-year period ending on 30 June 1983, ensuring that the distribution is fair and reflective of market performance. Section 5 outlines the new quota phasing arrangements, which require the prescribed corporations to achieve their final quotas of direct-operated retail sites in six-monthly stages by 1 July 1986. This phased approach allows for a gradual adjustment to the new quota limits. The obligations imposed by the Act on the parties or entities it governs include adhering to the extended quota limits as specified in Section 3, participating in the reallocation process as outlined in Section 4, and following the phasing arrangements detailed in Section 5. Each prescribed corporation must ensure that their operations comply with the new quota and the reallocation criteria. They must also manage their transition to the new quota in the prescribed six-monthly stages, ensuring that they meet the final quota by 1 July 1986. This involves meticulous planning and operational adjustments to ensure compliance with the new regulatory framework. Any breach of the provisions outlined in the Regulations may result in both civil and criminal consequences. While the specific penalties are not detailed in the provided excerpt, under the Petroleum Retail Marketing Sites Act 1980, breaches could potentially lead to fines and other penalties as prescribed by law. The maximum penalties for such breaches could be substantial, depending on the nature and severity of the infringement. The Act aims to enforce compliance through these deterrents, ensuring that all prescribed corporations adhere to the new regulations governing the operation of retail sites. It is important for corporations to fully understand and implement these requirements to avoid facing legal repercussions.