Petroleum Retail Marketing Sites Regulations (Amendment)

Overview

The Petroleum Retail Marketing Sites Regulations (Amendment) Statutory Rules 1983 No. 346, issued by the authority of the Minister for Industry and Commerce, was enacted to address and amend the Petroleum Retail Marketing Sites Act 1980. The primary objective of this legislation is to update the Schedule of the Act by making necessary adjustments to the corporation names and quotas, as well as modifying the operational limits of prescribed corporations in the petroleum retail marketing sector. This amendment rectifies corporate name changes, redistributes quotas among corporations, and temporarily adjusts the operational period for certain sites, all aimed at ensuring compliance with current market dynamics and corporate restructuring.

Scope and Application

The Petroleum Retail Marketing Sites Regulations (Amendment) Statutory Rules 1983 No. 346, issued under the authority of the Minister for Industry and Commerce, aim to modify the Schedule of the Petroleum Retail Marketing Sites Act 1980. This amendment specifically pertains to prescribed corporations involved in the retail marketing of petroleum products in Australia. The Act applies to corporations listed in the Schedule, which are required to operate within certain quotas and limitations. The amendment modifies the name of one corporation, Ampol Petroleum Limited to Ampol Limited, and reallocates the quota of another corporation, Total Holdings (Australia) Pty Ltd, to Ampol Limited. Additionally, the amendment increases the number of sites that prescribed corporations are allowed to operate during the period from 1 January 1984 to 30 June 1984 and defers the implementation of the quotas until 1 July 1984. These changes are made to adjust the operational parameters of the petroleum retail market in Australia.

Key Provisions

The main operative sections of the Petroleum Retail Marketing Sites Regulations (Amendment) Statutory Rules 1983 No. 346 involve several amendments to the Schedule of the Petroleum Retail Marketing Sites Act 1980 (section 1). Firstly, section 2 changes the name of Ampol Petroleum Limited to Ampol Limited. Secondly, section 3 removes Total Holdings (Australia) Pty Ltd from the Schedule and reallocates its quota to Ampol Limited. Thirdly, section 4 increases the number of retail sites that a prescribed corporation is allowed to operate between 1 January 1984 and 30 June 1984. Lastly, section 5 defers the implementation of the quotas applicable from 1 January 1984 until 1 July 1984. The obligations and requirements imposed by these regulations on the parties or entities governed by them primarily revolve around the changes to the Schedule. For Ampol Limited, the change in name must be reflected in all relevant documentation and communications. The reallocation of quota to Ampol Limited from Total Holdings (Australia) Pty Ltd requires that the latter corporation ensures all its quotas are transferred correctly, while Ampol Limited must adjust its operations to accommodate the increased quota. The increase in the number of retail sites permissible for operation during the specified period requires corporations to plan their operational capacity accordingly, ensuring compliance with the new limits. The deferment of quota implementation gives corporations additional time to adjust their operations before the new quotas take effect. In terms of breaches and consequences, the Act does not explicitly outline specific offences, penalties, or civil or criminal consequences for non-compliance with these regulations. However, non-compliance with any statutory regulation can generally lead to enforcement actions, including fines or legal proceedings. Given the nature of the amendments, failure to adhere to the new quotas or the deferment period might result in penalties under the broader Petroleum Retail Marketing Sites Act 1980. The specific penalties would depend on the severity and nature of the breach but could potentially include fines, operational restrictions, or other corrective measures deemed necessary by the relevant authorities.