{"id":"nsw:sl-2017-0009","name":"Biofuels (Registration) Order 2016","slug":"biofuels-registration-order-2016","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"9 of 2017","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177420,"registerId":"nsw-nsw:sl-2017-0009-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Order","content":"#### 1 Name of Order\n\n1 Name of Order\n\n> This Order is the [Biofuels (Registration) Order 2016](/view/html/inforce/current/sl-2017-0009).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Order commences on the day on which Schedule 2 of the [Biofuels Amendment Act 2016](/view/html/repealed/current/act-2016-012) commences and must be published on the NSW Legislation website.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"#### 3 Interpretation\n\n3 Interpretation\n\n> > (1) In this Order:\n> > \n> > Act means the [Biofuels Act 2007](/view/html/inforce/current/act-2007-023).\n> > \n> > Note—\n> > \n> > Under section 11 of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015), words and expressions in this Order have the same meanings as they have in the Act.\n> \n> > (2) Notes included in this Order do not form part of this Order.\n> \n> **cl 3:** Am 2017 No 22, Sch 2.3 \\[1\\].","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Registration under section 10 of Act","content":"#### 4 Registration under section 10 of Act\n\n4 Registration under section 10 of Act\n\n> > (1) For the purposes of section 10 (1) of the Act, a person who carries on the business of a primary wholesaler or who operates or controls the operation of a service station must register as a primary wholesaler, a volume fuel retailer or an operator of a service station who is not a volume fuel retailer by using the mechanism provided for registration under that section on the website at http://www.fairtrading.nsw.gov.au.\n> \n> > (2) A person who is, on the commencement of this Order, required to be registered under section 10 (1) of the Act and who is not taken to be registered under clause 7 of Schedule 1 to the Act must take the required steps within 1 month after that commencement.\n> > \n> > Note—\n> > \n> > A person who is taken to be registered under clause 7 of Schedule 1 to the Act should check the details entered in the register by using the mechanism provided on the website at http://www.fairtrading.nsw.gov.au.\n> \n> > (3) Otherwise, a person must take the steps required for registration within 1 month after becoming required to be registered.\n> \n> > (4) Without limiting the information that may be required to be provided for registration under section 10 (1) of the Act by using the required mechanism, the information required to be provided includes the following:\n> > \n> > > (a) the name of the legal entity that carries on the business or operates or controls the operation of the service station,\n> > \n> > > (b) the trading name of the business or operation (if any),\n> > \n> > > (c) the Australian Company Number of the entity,\n> > \n> > > (d) the Australian Business Number of the entity (if any),\n> > \n> > > (e) the postal address and telephone number of the entity,\n> > \n> > > (f) the name, position or title and contact details (including mobile phone number and email address) of a person who is to be the primary contact person for the entity.\n> \n> **cl 4:** Am 2017 No 22, Sch 2.3 \\[2\\] \\[3\\].","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Keeping registration details up to date","content":"#### 5 Keeping registration details up to date\n\n5 Keeping registration details up to date\n\n> For the purposes of section 10 (3) of the Act, a person required to be registered under section 10 (1) of the Act must update the category in which the person is registered and the details connected with the registration by using the mechanism provided for updating registration under that section on the website at http://www.fairtrading.nsw.gov.au within 14 days after any change affecting the category of registration or the details connected with the registration.","sortOrder":4}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient substantive content was provided to assess whether the Order's scope changed from its original intent. The two versions (January 2017 and July 2017) indicate an amendment occurred, but the nature of any scope change cannot be determined from the navigation and metadata text supplied."},"complexity_factors":["The actual substantive provisions of the Order were not included in the provided text — only website navigation and metadata were supplied, making meaningful legal analysis impossible","Registration-based regulatory instruments are generally low-to-moderate in complexity as a category","As a subordinate instrument (statutory order rather than an Act of Parliament), it operates within a parent Act which adds a layer of context not visible here","The existence of two point-in-time versions (January 2017 and July 2017) suggests at least one amendment was made, adding minor interpretive consideration"],"plain_english_summary":"This Order establishes a government registration system for biofuels in New South Wales, affecting businesses and individuals who produce, supply or sell biofuels (e.g., fuel retailers, distributors and manufacturers). It matters because registration creates formal compliance and accountability requirements before operating in the NSW biofuels market. \n\nCaveat: the actual operative rules, eligibility, application process and penalties were not provided, so specific obligations cannot be confirmed here."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The Order remains tightly focused on its original purpose of establishing the registration mechanism for fuel wholesalers and retailers under the Biofuels Act 2007. The 2017 amendments (noted in clauses 3 and 4) appear to be minor technical updates rather than scope expansion."},"complexity_factors":["Only 1 defined term ('Act') in the interpretation section","No nested exceptions or conditional logic beyond simple time limits (1 month, 14 days)","Straightforward procedural requirements with clear deadlines","Minimal cross-referencing — only refers to parent Act and commencement provisions","Short document (5 clauses total, approximately 400 words)","Single purpose: establishing registration mechanics"],"plain_english_summary":"This Order sets out the practical rules for how fuel businesses in New South Wales register under the Biofuels Act 2007.\n\n**Who needs to register:**\n- **Primary wholesalers** — businesses that sell fuel in bulk to other fuel sellers\n- **Volume fuel retailers** — businesses that sell large amounts of fuel directly to the public\n- **Service station operators** — people who run petrol stations (unless they're already volume fuel retailers)\n\n**What they must do:**\n- Register online through the NSW Fair Trading website\n- Provide business details including: legal name, trading name, company number (ACN), business number (ABN), address, phone number, and contact person details\n- If already operating when these rules started, register within **1 month** of commencement\n- If starting a new business later, register within **1 month** of becoming required to register\n- Update registration details within **14 days** of any changes\n\n**Why it matters:**\nThis creates a central register of fuel sellers so the government can monitor compliance with biofuel mandates — rules requiring petrol to contain a minimum percentage of ethanol and diesel to contain biodiesel. Without this registration system, authorities couldn't track who is selling what fuel or enforce the biofuel requirements."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Order does not alter who is within the statutory scope of section 10 of the Biofuels Act 2007. Instead it prescribes the online registration mechanism, the information to be provided and the timeframes for initial registration and updates (see cl 4 and cl 5). Commencement is tied to Schedule 2 of the Biofuels Amendment Act 2016 (cl 2)."},"complexity_factors":["Cross-references to other statutes and instruments: Biofuels Act 2007 (section 10) and Interpretation Act 1987 for definitions (cl 3(1)).","Commencement linkage to another Act: starts when Schedule 2 of the Biofuels Amendment Act 2016 commences (cl 2).","Prescribed timelines: 1 month to register when required (cl 4(2)-(3)); 14 days to update registration after any change (cl 5).","Specific mandatory data fields to be supplied at registration (cl 4(4)(a)-(f)), which creates a measurable compliance burden.","Reliance on an online mechanism hosted at a specified website for both registration and updates (cl 4(1), cl 5), concentrating administrative interaction and discretion in that channel."],"plain_english_summary":"This Order requires primary fuel wholesalers and service-station operators in NSW to register online with NSW Fair Trading under the Biofuels Act, using the specified web mechanism, with initial registration within one month of being required and updates within 14 days of any change. It affects businesses in the fuel supply and retail chain by obliging them to provide corporate and contact details to a central register and creates a single online process and set timeframes for maintaining that registration data."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/biofuels-registration-order-2016","history":"/api/acts/biofuels-registration-order-2016/history","analysis":"/api/acts/biofuels-registration-order-2016/analysis","conflicts":"/api/acts/biofuels-registration-order-2016/conflicts","importantCases":"/api/acts/biofuels-registration-order-2016/important-cases","documents":"/api/acts/biofuels-registration-order-2016/documents"}}