{"id":"business-franchise-petroleum-products-act-1979","name":"Business Franchise (Petroleum Products) Act 1979","slug":"business-franchise-petroleum-products-act-1979","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176280,"registerId":"vic-business-franchise-petroleum-products-act-1979-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Business Franchise (Petroleum Products) Act 1979","content":"Version No. 054\n\n**Business Franchise (Petroleum Products) Act 1979**\n\n**No. 9272 of 1979**\n\nVersion incorporating amendments as at  \n22 October 2025\n\n**table of provisions**\n\n*Section Page*\n\n1 Short title and commencement 1\n\n2 Definitions 1\n\n2A Transport Integration Act 2010 5\n\n3 Membership of a petroleum wholesalers' group 5\n\n3A Transitional provision 7\n\n13 Better Roads Victoria Trust Account 7\n\n17 Treasurer may make payments 11\n\n18 Treasurer may require information 11\n\n21 Records to be made and kept by petroleum retailers and wholesalers 12\n\n22 Transportation records 13\n\n23 Production of transportation records 14\n\n24 Temporary custody of road vehicles 15\n\n25 Forfeiture of petroleum products 16\n\n26 Regulations 16\n\nSchedule 1—Outer suburban and interface communities and rural and regional Victoria 17\n\nEndnotes 19\n\n1 General information 19\n\n2 Table of Amendments 21\n\n3 Explanatory details 26\n\n**Version No.** **054**\n\n**Business Franchise (Petroleum Products) Act 1979**\n\n**No. 9272 of 1979**\n\nVersion incorporating amendments as at  \n22 October 2025\n\nAn Act with respect to the licensing of Persons who sell certain Petroleum Products in Victoria, to amend various Acts and for other purposes.\n\n**BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):**\n\n\t1 Short title and commencement\n\n(1) This Act may be cited as the **Business Franchise (Petroleum Products) Act 1979**.\n\n(2) This Act shall be read and construed as one with the **Business Franchise (Tobacco) Act 1974**.\n\n(3) This Act shall come into operation on 1 September 1979.\n\n\t2 Definitions\n\n(1) In this Act unless inconsistent with the context or subject-matter—\n\nS. 2(1) def. of *Commiss-  \nioner*  \nrepealed by No. 40/1997  \ns. 138(Sch. 2 item 3).\n\n* * * * *\n\n***diesel fuel*** means a petroleum or shale product used or capable of use in propelling a diesel engined road vehicle;\n\nS. 2(1) def. of *exemption certificate* inserted by No. 94/1997  \ns. 3(2)(a), repealed by No. 6/2000 s. 33(a).\n\n* * * * *\n\nS. 2(1) def. of *licensed premises* repealed by No. 94/1997  \ns. 3(1).\n\n* * * * *\n\n***motor spirit*** means gasoline and other petroleum or shale spirit having a flash point of less than 23° Celsius when tested in an Abel Pensky closed test apparatus but does not include aviation gasoline, solvents, special boiling point spirits or liquefied petroleum gas;\n\n***petroleum products*** means motor spirit and diesel fuel;\n\nS. 2(1) def. of *petroleum retailing* amended by Nos 88/1986  \ns. 38(2)(a)(i), 80/1994  \ns. 14(1)(a).\n\n***petroleum retailing*** means the business of selling petroleum products by retail either alone or in conjunction with any other merchandise and includes such business carried on as part of or in conjunction with any other business;\n\nS. 2(1) def. of *petroleum wholesaling* amended by Nos 88/1986  \ns. 38(2)(a)(ii), 66/1988  \ns. 29, 80/1994 s. 14(1)(b).\n\n***petroleum wholesaling*** means the business of selling motor spirit or the business of selling diesel fuel for use only in propelling diesel engined road vehicles and includes any such business carried on as part of or in conjunction with any other business but does not include the business of petroleum retailing;\n\nS. 2(1) def. of *police officer* inserted by No. 37/2014 s. 10(Sch. item 10.1).\n\n***police officer*** has the same meaning as in the **Victoria Police Act 2013**;\n\nS. 2(1) def. of *prescribed capacity* inserted by No. 94/1997  \ns. 3(2)(b).\n\n***prescribed capacity***, in relation to a tank containing petroleum products, means 3000 litres;\n\n***road vehicle*** means a vehicle designed solely or principally for transporting persons, goods or animals by road.\n\nS. 2(1A) inserted by No. 80/1994  \ns. 14(2).\n\n(1A) A reference in this Act to the sale of petroleum products is a reference to the sale of petroleum products in Victoria.\n\nS. 2(1B) inserted by No. 80/1994  \ns. 14(2).\n\n(1B) A sale of petroleum products made outside Victoria in the course of petroleum wholesaling or petroleum retailing shall for the purposes of this Act be regarded as having been made in Victoria if the terms (whether express or implied) of the sale or of any contract for the sale—\n\n(a) require either party to deliver, or arrange delivery of, the petroleum products into or within Victoria; or\n\n(b) contemplate delivery of the petroleum products into or within Victoria.\n\n(2) A reference in this Act to the ***relevant period*** in relation to—\n\nS. 2(2)(a) amended by Nos 9674  \ns. 22(a)(i), 9885 s. 9(2)(a)(i).\n\n(a) a petroleum retailers' licence of the duration specified in section 6(1), a petroleum wholesalers' licence or a group petroleum wholesalers' licence which, if granted, will expire at the end of a month specified in Column 1 is a reference to the month last past specified opposite that first-mentioned month in Column 2 of the Table hereunder—\n\n| *Column 1* | *Column 2* |\n| --- | --- |\n| July | May |\n| August | June |\n| September | July |\n| October | August |\n| November | September |\n| December | October |\n| January | November |\n| February | December |\n| March | January |\n| April | February |\n| May | March |\n| June | April |\n\n\nS. 2(2)(b) amended by Nos 9674  \ns. 22(a)(ii), 9885  \ns. 9(2)(a)(ii).\n\n(b) a petroleum retailer's licence revocable at will issued pursuant to section 6(2)—\n\n(i) after 30 June 1980 is a reference to the period commencing 1 September 1979 and ending on 31 March 1980; and\n\n(ii) after 30 June 1981 is a reference to the year ending on 31 March preceding the year in which the licence, if granted, will be in force.\n\n(3) For the purposes of this Act the supply of petroleum products from a refinery for the purposes of resale shall not be regarded as constituting petroleum wholesaling or petroleum retailing.\n\n(4) A reference in this Act to a petroleum wholesaler or petroleum retailer or to a person who sells petroleum products does not extend to a person who carries on business as an agent or employé of a person who carries on the business of petroleum wholesaling or petroleum retailing.\n\n(5) In this Act, unless inconsistent with the context or subject-matter, words and expressions shall have the same meaning as is assigned to them in the **Business Franchise (Tobacco) Act 1974**.\n\nS. 2A inserted by No. 6/2010 s. 24(5)(Sch. 1 item 3), (as amended by No. 45/2010 s. 5).\n\n\t2A Transport Integration Act 2010\n\nThis Act is transport legislation within the meaning of the **Transport Integration Act 2010**.\n\n\t3 Membership of a petroleum wholesalers' group\n\n(1) For the purposes of this Act a person is a member of a petroleum wholesalers' group—\n\n(a) if—\n\n(i) that person is one of the persons that constitute a group for the purposes of this Act;\n\n(ii) one or more of the persons that constitute the group was a petroleum wholesaler in the relevant period;\n\n(iii) one or more of the persons that constitute the group intend to carry on petroleum wholesaling in the month or part of the month in respect of which an application for a licence is or is intended to be made under this Act; and\n\n(iv) there is not in force a determination by the Commissioner that that person is not a member of the group; or\n\n(b) if that person declares in writing that the organization or control of his business is such that he would have been a member of the group if it had been so organized or controlled during the relevant period and the other members of the group and the Commissioner agree that this is so.\n\nS. 3(2) amended by No. 9885 s. 8.\n\n(2) The Commissioner may in his absolute discretion by writing under his hand determine that a person who would, but for the determination be a member of a group for the purposes of this Act, is not a member of the petroleum wholesalers' group if he is satisfied that that person has continuously carried on petroleum wholesaling independently of the group and will continue to carry on petroleum wholesaling independently of the group and is not subject to control by any other member of the group.\n\nS. 3(3) amended by No. 9885 s. 8.\n\n(3) The Commissioner may in his absolute discretion by writing under his hand determine that a person who would, but for the determination, be a member of a group, is not a member of any group for the purposes of this Act if he considers that the person is not carrying on and has no intention of carrying on petroleum wholesaling.\n\nS. 3(4) amended by No. 9885 s. 8.\n\n(4) The Commissioner may in his absolute discretion at any time revoke a determination made under subsection (2) or subsection (3).\n\n(5) A determination made under subsection (2) or subsection (3) shall come into force on the making thereof and shall continue in force until it is revoked by the Commissioner.\n\n(6) Notice of a determination under subsection (2) shall be given by the Commissioner to the person in respect of whom the determination was made and to all the members of the group concerned whom he considers are carrying on petroleum wholesaling.\n\n(7) Notice of a determination under subsection (3) shall be published in the Government Gazette.\n\n(8) Notice of the revocation of a determination made under subsection (2) or subsection (3) shall be given by the Commissioner to the person in respect of whom the determination was made and to all members of the group concerned whom he considers are carrying on petroleum wholesaling.\n\nS. 3A  \ninserted by No. 94/1997  \ns. 4.\n\n\t3A Transitional provision\n\nSection 4, as in force immediately before the commencement of section 5(a) of the **Business Franchise Fees (Safety Net) Act 1997**, continues to apply in respect of anything done before that commencement.\n\nSs 4–12 repealed.[[1]](#endnote-2)\n\n* * * * *\n\nS. 13  \nrepealed by No. 9863 s. 2,  \nnew s. 13 inserted by No. 46/1993  \ns. 5.\n\n\t13 Better Roads Victoria Trust Account\n\n(1) There shall be established in the Public Account as part of the Trust Fund an account to be known as the \"Better Roads Victoria Trust Account\".\n\nS. 13(2) substituted by No. 49/1997  \ns. 4(1).\n\n(2) There shall be paid out of the Consolidated Fund (which is to the necessary extent appropriated accordingly) into the Better Roads Victoria Trust Account—\n\nS. 13(2)(a) amended by No. 94/1997  \ns. 5(b)(i).\n\n(a) in respect of the financial year commencing on 1 July 1997 an amount of $185 000 000;\n\nS. 13(2)(b) repealed by No. 94/1997  \ns. 5(b)(ii), new s. 13(2)(b) inserted by No. 7/2019 s. 3(1).\n\n(b) in respect of a financial year, an amount equivalent to the total amount of revenue received in that year from the following sources—\n\n(i) fines paid in respect of an offence against the **Road Safety Act 1986** that is detected by a road safety camera or a speed detector;\n\n(ii) fines paid in respect of a prescribed offence—\n\nin such instalments and at such times as are determined from time to time by the Treasurer.\n\nS. 13(3) amended by Nos 12/2004 s. 149, 36/2005 s. 3, substituted by No. 7/2019 s. 3(2).\n\n(3) Amounts standing to the credit of the Better Roads Victoria Trust Account must be expended, as the Treasurer determines, for the repair and upgrade of—\n\n(a) roads in outer suburban and interface communities; and\n\n(b) roads and level crossings in rural and regional Victoria; and\n\n(c) roads and level crossings in metropolitan areas in Victoria.\n\nS. 13(3A) inserted by No. 7/2019 s. 3(2).\n\n(3A) For the purposes of subsection (3), the amounts to be expended must be expended in the following proportions—\n\n(a) no less than 33 per cent of the total amount received under subsection (2)(b) to be expended in respect of outer suburban and interface communities;\n\n(b) no less than 33 per cent of the total amount received under subsection (2)(b) to be expended in respect of rural and regional Victoria.\n\nS. 13(3B) inserted by No. 7/2019 s. 3(2).\n\n(3B) After expending the amounts to be expended under subsection (3) in the proportions set out in subsection (3A), the Treasurer may expend remaining amounts under subsection (3) as the Treasurer sees fit.\n\nS. 13(3C) inserted by No. 7/2019 s. 3(2).\n\n(3C) The amounts to be expended under subsection (3) must be expended in the proportions set out in subsection (3A) over a period of 4 years, where the first period commences on 1 July 2019.\n\nS. 13(4) inserted by No. 49/1997  \ns. 4(2).\n\n(4) Despite anything to the contrary in section 4 of the **State Taxation Acts (Further Amendment) Act 1997**, subsection (2) as in force immediately before the commencement of that section continues to apply to the payment to be made by reference to licence fees collected during June 1997.\n\nS. 13(5) inserted by No. 7/2019 s. 3(3).\n\n(5) The Treasurer may authorise—\n\n(a) any expenditure from the Better Roads Victoria Trust Account in accordance with this section; and\n\n(b) revenue to be paid into the Trust Account from any source specified by the Treasurer.\n\nS. 13(6) inserted by No. 7/2019 s. 3(3).\n\n(6) The Treasurer may delegate, by instrument, any of the Treasurer's powers or functions under this section, other than this power of delegation, to any of the following—\n\n(a) the Minister for the time being administering the **Road Safety Act 1986**;\n\n(b) a public service body Head within the meaning of the **Public Administration Act 2004**;\n\nS. 13(6)(c) substituted by No. 49/2019 s. 186(Sch. 4 item 6.1), amended by No. 25/2025 s. 106(Sch. 1 item 4).\n\n(c) the Secretary to the Department of Transport and Planning;\n\n(d) the Head, Transport for Victoria (within the meaning of the **Transport Integration Act 2010**).\n\nS. 13(7) inserted by No. 7/2019 s. 3(3).\n\n(7) In this section—\n\n***alpine resort*** has the same meaning as it has in the **Alpine Resorts Act 1983**;\n\nS. 13(7) def. of *Council* amended by No. 9/2020 s. 390(Sch. 1 item 9).\n\n***Council*** has the same meaning as it has in the **Local Government Act 2020**;\n\n***outer suburban and interface community*** means a municipal district of a Council listed in column 1 of the Table in Schedule 1;\n\n***road*** has the same meaning as it has in the **Road Management Act 2004**;\n\n***road safety camera*** has the same meaning as it has in the **Road Safety Act 1986**;\n\n***rural and regional Victoria*** means—\n\n(a) a municipal district of a Council listed in column 2 of the Table in Schedule 1; or\n\n(b) an alpine resort;\n\nS. 13(7) def. of *speed detector* amended by No. 41/2025 s. 3(Sch. 1 item 6).\n\n***speed detector*** has the same meaning as it has in the **Road Safety Act 1986**.\n\nS. 13(7) def. of *VicRoads* repealed by No. 49/2019 s. 186(Sch. 4 item 6.2).\n\n* * * * *\n\nSs 14–16 repealed.[[2]](#endnote-3)\n\n* * * * *\n\nS. 17  \ninserted by No. 94/1997  \ns. 6.\n\n\t17 Treasurer may make payments\n\n(1) The Treasurer may, from time to time, pay amounts determined by the Treasurer—\n\nS. 17(1)(a)(b) repealed by No. 6/2000 s. 33(b).\n\n* * * * *\n\n(c) to persons who carry on, or have carried on, a business of petroleum wholesaling in respect of which duties of excise have been paid to the Commonwealth.\n\n(2) The Consolidated Fund is appropriated to the necessary extent for the purposes of subsection (1).\n\nS. 17(3) inserted by No. 103/1998  \ns. 3.\n\n(3) If the Treasurer pays an amount to a person under this section that exceeds the amount due to that person, the overpayment may be off-set against future payments to that person under this section.\n\nS. 18  \ninserted by No. 94/1997  \ns. 7.\n\n\t18 Treasurer may require information\n\nS. 18(1) amended by No. 6/2000 s. 33(c).\n\n(1) For the purpose of determining whether to make a payment under section 17, or the amount of a payment, the Treasurer may require a person referred to in section 17(1)(c)—\n\n(a) to give the Treasurer any information required by the Treasurer; or\n\n(b) to produce to the Treasurer any document required by the Treasurer.\n\n(2) A person must not give any information or produce any document under subsection (1) that is false or misleading in a material particular.\n\n1. 500 penalty units in the case of a body corporate;\n\n\n100 penalty units in any other case.\n\nS. 19  \ninserted by No. 94/1997  \ns. 7,  \namended by No. 103/1998 s. 4, repealed by No. 6/2000 s. 33(d).\n\n* * * * *\n\nS. 20  \ninserted by No. 94/1997  \ns. 7, repealed by No. 6/2000 s. 33(d).\n\n* * * * *\n\nSs 20A, 20B inserted by No. 103/1998  \ns. 5, repealed by No. 6/2000 s. 33(d).\n\n* * * * *\n\nS. 21  \ninserted by No. 94/1997  \ns. 7.\n\n\t21 Records to be made and kept by petroleum retailers and wholesalers\n\n(1) A person who carries on the business of petroleum retailing must make a record of purchases of petroleum products and keep each record for a period of 5 years after it was made.\n\n(2) A person who carries on the business of petroleum wholesaling must make a record of sales and purchases of petroleum products and keep each record for a period of 5 years after it was made.\n\n(3) A record under this section must be in the form, and contain the particulars, required by the Commissioner.\n\n(4) A person must not—\n\n(a) fail to make or keep a record as required by this section; or\n\n(b) include in a record under this section any information that is false or misleading in a material particular.\n\n1. 500 penalty units in the case of a body corporate;\n\n\n100 penalty units in any other case.\n\n(5) A record under this section need not be kept for 5 years if the Commissioner authorises its earlier destruction.\n\nS. 22  \ninserted by No. 94/1997  \ns. 7.\n\n\t22 Transportation records\n\n(1) If petroleum products are to be transported in Victoria by road vehicle in a tank having a capacity that exceeds the prescribed capacity, the person on whose behalf the petroleum products are to be transported must complete a transportation record in respect of the petroleum products and give the record to the carrier at or before the commencement of the transportation.\n\n1. 20 penalty units.\n\n\n(2) The transportation record must be in a form approved by the Commissioner and must contain—\n\n(a) the date and address at which the transportation is to commence;\n\n(b) the class and quantity of the petroleum products;\n\n(c) the name and address of the person on whose behalf the petroleum products are to be transported;\n\n(d) if the person on whose behalf the petroleum products are to be transported is not the owner of the petroleum products, the name and address of the owner;\n\n(e) the name of the person (if any) to whom the carrier is to transport the petroleum products;\n\n(f) the address to which the carrier is to transport the petroleum products;\n\n(g) the name and address of the person (if any) who has agreed to purchase the petroleum products.\n\n(3) A person must not include in a transportation record any information that is false or misleading in a material particular.\n\n1. 20 penalty units.\n\n\n(4) At all times while petroleum products are being transported in Victoria by road vehicle in a tank having a capacity that exceeds the prescribed capacity the carrier must ensure that the transportation record relating to the petroleum products is carried in the vehicle.\n\n1. 20 penalty units.\n\n\nS. 23  \ninserted by No. 94/1997  \ns. 7.\n\n\t23 Production of transportation records\n\n(1) If an inspector reasonably suspects that petroleum products are being transported by road vehicle in a tank having a capacity that exceeds the prescribed capacity, he or she may search the vehicle.\n\n(2) If a search under subsection (1) reveals petroleum products in a tank having a capacity that exceeds the prescribed capacity, the inspector may request the driver of the vehicle to produce the transportation record relating to the petroleum products for inspection.\n\n(3) A driver must comply with a request under subsection (2).\n\n1. 100 penalty units.\n\n\nS. 23(4) amended by No. 37/2014 s. 10(Sch. item 10.2).\n\n(4) For the purposes of this section a police officer, at the request of an inspector, may request or signal the driver to stop the vehicle.\n\n(5) A driver must comply with a request or signal under subsection (4).\n\n1. 100 penalty units.\n\n\nS. 24  \ninserted by No. 94/1997  \ns. 7.\n\n\t24 Temporary custody of road vehicles\n\n(1) If the driver of a road vehicle—\n\n(a) does not produce a transportation record to an inspector as required by section 23(3); or\n\n(b) produces a transportation record that the inspector reasonably believes is false or misleading in a material particular—\n\nthe inspector may request the driver to drive the vehicle to another place within a reasonable distance, as determined by the inspector, where the petroleum products can be unloaded.\n\nS. 24(2) amended by No. 37/2014 s. 10(Sch. item 10.2).\n\n(2) If the driver does not comply with a request under subsection (1), a police officer, at the request of the inspector, may take charge of the road vehicle for the purpose of driving it, or causing it to be driven, to the other place.\n\n(3) As soon as practicable after arrival at the other place—\n\n(a) the inspector must unload, and may seize, the petroleum products; and\n\n(b) if the inspector seizes the petroleum products, he or she must tender to the driver a receipt for the petroleum products containing a notice setting out the provisions of section 25.\n\nS. 25  \ninserted by No. 94/1997  \ns. 7.\n\n\t25 Forfeiture of petroleum products\n\n(1) If a person is convicted of an offence against section 22 or 23, any petroleum products seized from the person under section 24(3) or under section 14(2)(ba) or 15A of the **Business Franchise (Tobacco) Act 1974** are forfeited to, and become the property of, the State.\n\n(2) The Commissioner, on behalf of the State, may dispose of petroleum products that have become the property of the State in any manner he or she thinks fit.\n\nS. 26  \ninserted by No. 94/1997  \ns. 7,  \nrepealed by No. 13/2013 s. 53, new s. 26 inserted by No. 7/2019 s. 4.\n\n\t26 Regulations\n\n(1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.\n\n(2) Regulations made under this Act may—\n\n(a) be of general or limited application;\n\n(b) differ according to differences in time, place or circumstance.\n\nSch. 1 inserted by No. 7/2019 s. 5.\n\nSchedule 1—Outer suburban and interface communities and rural and regional Victoria\n\nSection 13(7)\n\n**Table**\n\n| *Item* | *Column 1*<br>*Outer suburban and interface community* | *Column 2*   <br>*Rural and regional Victoria* |\n| --- | --- | --- |\n| 1 | Cardinia Shire Council | Alpine Shire Council |\n| 2 | Casey City Council | Ararat Rural City Council |\n| 3 | Hume City Council | Ballarat City Council |\n| 4 | Melton Shire Council | Bass Coast Shire Council |\n| 5 | Mornington Peninsula Shire Council | Baw Baw Shire Council |\n| 6 | Nillumbik Shire Council | Benalla Rural City Council |\n| 7 | Whittlesea City Council | Borough of Queenscliffe |\n| 8 | Wyndham City Council | Buloke Shire Council |\n| 9 | Yarra Ranges Shire Council | Campaspe Shire Council |\n| 10 |  | Central Goldfields Shire Council |\n| 11 |  | Colac-Otway Shire Council |\n| 12 |  | Corangamite Shire Council |\n| 13 |  | East Gippsland Shire Council |\n| 14 |  | Gannawarra Shire Council |\n| 15 |  | Glenelg Shire Council |\n| 16 |  | Golden Plains Shire Council |\n| 17 |  | Greater Bendigo City Council |\n| 18 |  | Greater Geelong City Council |\n| 19 |  | Greater Shepparton City Council |\n| 20 |  | Hepburn Shire Council |\n| 21 |  | Hindmarsh Shire Council |\n| 22 |  | Horsham Rural City Council |\n| 23 |  | Indigo Shire Council |\n| 24 |  | Latrobe City Council |\n| 25 |  | Loddon Shire Council |\n| 26 |  | Macedon Ranges Shire Council |\n| 27 |  | Mansfield Shire Council |\n| 28 |  | Mildura Rural City Council |\n| 29 |  | Mitchell Shire Council |\n| 30 |  | Moira Shire Council |\n| 31 |  | Moorabool Shire Council |\n| 32 |  | Mount Alexander Shire Council |\n| 33 |  | Moyne Shire Council |\n| 34 |  | Murrindindi Shire Council |\n| 35 |  | Northern Grampians Shire Council |\n| 36 |  | Pyrenees Shire Council |\n| 37 |  | South Gippsland Shire Council |\n| 38 |  | Southern Grampians Shire Council |\n| 39 |  | Strathbogie Shire Council |\n| 40 |  | Surf Coast Shire Council |\n| 41 |  | Swan Hill Rural City Council |\n| 42 |  | Towong Shire Council |\n| 43 |  | Wangaratta Rural City Council |\n| 44 |  | Warrnambool City Council |\n| 45 |  | Wellington Shire Council |\n| 46 |  | West Wimmera Shire Council |\n| 47 |  | Wodonga City Council |\n| 48 |  | Yarriambiack Shire Council |\n\n\n\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe **Business Franchise (Petroleum Products) Act 1979** was assented to on 10 July 1979 and came into operation on 1 September 1979: section 1(3).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Business Franchise (Petroleum Products) Act 1979** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Business Franchise (Petroleum Products) (Licence Fees) Act 1979, No. 9295/1979**\n\n| Assent Date: | 30.10.79 |\n| --- | --- |\n| Commencement Date: | 1.9.79: s. 1(3) |\n| Current State: | All of Act in operation |\n\n\n**Transport (Road Funds) Act 1980, No. 9418/1980**\n\n| Assent Date: | 20.5.80 |\n| --- | --- |\n| Commencement Date: | Ss 6–9 on 1.7.80; rest of Act on 20.5.80: s. 1(2) |\n| Current State: | All of Act in operation |\n\n\n**Business Franchise (Petroleum Products) (Fees) Act 1981, No. 9588/1981**\n\n| Assent Date: | 30.10.81 |\n| --- | --- |\n| Commencement Date: | 1.11.81: s. 1(3) |\n| Current State: | All of Act in operation |\n\n\n**Business Franchise (Amendment) Act 1981, No. 9674/1981**\n\n| Assent Date: | 22.12.81 |\n| --- | --- |\n| Commencement Date: | Ss 6, 13(1) on 18.11.80: s. 1(3); rest of Act on 23.12.81: Government Gazette 23.12.81 p. 4262 |\n| Current State: | All of Act in operation |\n\n\n**Public Account (Trust Funds) Act 1982, No. 9861/1982**\n\n| Assent Date: | 5.1.83 |\n| --- | --- |\n| Commencement Date: | 12.1.83: Government Gazette 12.1.83 p. 81 |\n| Current State: | All of Act in operation |\n\n\n**Statute Law Revision Act 1982, No. 9863/1982**\n\n| Assent Date: | 5.1.83 |\n| --- | --- |\n| Commencement Date: | 5.1.83: s. 1(2) |\n| Current State: | All of Act in operation |\n\n\n**Business Franchise Acts (Amendment) Act 1983, No. 9885/1983**\n\n| Assent Date: | 10.5.83 |\n| --- | --- |\n| Commencement Date: | All of Act (*except* ss 6(1), 10) on 10.5.83: s. 1(2); s. 6(1) on 18.11.80: s. 6(2); s. 10 on 1.9.82: s. 10(3) |\n| Current State: | All of Act in operation |\n\n\n**Business Franchise Acts (Further Amendment) Act 1983, No. 9965/1983**\n\n| Assent Date: | 22.11.83 |\n| --- | --- |\n| Commencement Date: | S. 7 on 23.12.81: s. 2(3); ss 1, 2 and 6 on 22.11.83: s. 2(1); ss 3–5 on 1.12.83: s. 2(2) |\n| Current State: | All of Act in operation |\n\n\n**Taxation Acts (Amendment) Act 1986, No. 88/1986**\n\n| Assent Date: | 9.12.86 |\n| --- | --- |\n| Commencement Date: | S. 38 on 9.12.86: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Business Franchise (Petroleum Products) Act 1979** |\n\n\n**Business Franchise Acts (Amendment) Act 1987, No. 14/1987**\n\n| Assent Date: | 12.5.87 |\n| --- | --- |\n| Commencement Date: | 28.5.87: Special Gazette (No. 20) 28.5.87 p. 1 |\n| Current State: | All of Act in operation |\n\n\n**Business Franchise Acts (Amendment) Act 1988, No. 66/1988**\n\n| Assent Date: | 9.12.88 |\n| --- | --- |\n| Commencement Date: | Ss 6, 8, 20, 21, 30, 34 on 1.12.88: s. 2(2); rest of Act on 9.12.88: s. 2(1) |\n| Current State: | All of Act in operation |\n\n\n**Business Franchise (Tobacco) (Amendment) Act 1989, No. 75/1989**\n\n| Assent Date: | 28.11.89 |\n| --- | --- |\n| Commencement Date: | S. 5(1) on 1.10.89: s. 5(2); rest of Act on 28.11.89: s. 2 |\n| Current State: | All of Act in operation |\n\n\n**Business Franchise Acts (Further Amendment) Act 1990, No. 54/1990**\n\n| Assent Date: | 7.11.90 |\n| --- | --- |\n| Commencement Date: | 7.11.90 |\n| Current State: | All of Act in operation |\n\n\n**State Taxation (Amendment) Act 1992, No. 76/1992**\n\n| Assent Date: | 24.11.92 |\n| --- | --- |\n| Commencement Date: | S. 3 on 24.11.92: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Business Franchise (Petroleum Products) Act 1979** |\n\n\n**Transport Accident (Amendment) Act 1992, No. 79/1992**\n\n| Assent Date: | 24.11.92 |\n| --- | --- |\n| Commencement Date: | S. 9(1)(3)–(5) on 24.11.92: s. 2(1); s. 9(2) on 15.1.93: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Business Franchise (Petroleum Products) Act 1979** |\n\n\n**Business Franchise (Petroleum Products) (Amendment) Act 1993, No. 46/1993**\n\n| Assent Date: | 1.6.93 |\n| --- | --- |\n| Commencement Date: | 1.6.93 |\n| Current State: | All of Act in operation |\n\n\n**Business Franchise Acts (Amendment) Act 1994, No. 80/1994**\n\n| Assent Date: | 29.11.94 |\n| --- | --- |\n| Commencement Date: | Ss 13, 15(1) on 29.11.94: s. 2(1); ss 14, 15(2), 16 on 1.12.94: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Business Franchise (Petroleum Products) Act 1979** |\n\n\n**State Taxation (Further Omnibus Amendment) Act 1996, No. 42/1996**\n\n| Assent Date: | 12.11.96 |\n| --- | --- |\n| Commencement Date: | S. 3 on 12.11.96: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Business Franchise (Petroleum Products) Act 1979** |\n\n\n**Taxation Administration Act 1997, No. 40/1997**\n\n| Assent Date: | 3.6.97 |\n| --- | --- |\n| Commencement Date: | S. 138(Sch. 2 item 3) on 1.7.97: Government Gazette 12.6.97 p. 1330 |\n| Current State: | This information relates only to the provision/s amending the **Business Franchise (Petroleum Products) Act 1979** |\n\n\n**State Taxation Acts (Further Amendment) Act 1997, No. 49/1997**\n\n| Assent Date: | 11.6.97 |\n| --- | --- |\n| Commencement Date: | S. 3 on 11.6.97: s. 2(1); s. 4 on 1.7.97: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Business Franchise (Petroleum Products) Act 1979** |\n\n\n**Business Franchise Fees (Safety Net) Act 1997, No. 94/1997**\n\n| Assent Date: | 16.12.97 |\n| --- | --- |\n| Commencement Date: | Ss 3(1), 4–6 on 7.8.97: s. 2(2); ss 3(2), 7 on 16.12.97: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Business Franchise (Petroleum Products) Act 1979** |\n\n\n**State Taxation (Further Amendment) Act 1998, No. 103/1998**\n\n| Assent Date: | 1.12.98 |\n| --- | --- |\n| Commencement Date: | Ss 3–5 on 1.12.98: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Business Franchise (Petroleum Products) Act 1979** |\n\n\n**National Taxation Reform (Consequential Provisions) Act 2000, No. 6/2000**\n\n| Assent Date: | 11.4.00 |\n| --- | --- |\n| Commencement Date: | S. 33 on 1.7.00: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Business Franchise (Petroleum Products) Act 1979** |\n\n\n**Road Management Act 2004, No. 12/2004**\n\n| Assent Date: | 11.5.04 |\n| --- | --- |\n| Commencement Date: | S. 149 on 1.7.04: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Business Franchise (Petroleum Products) Act 1979** |\n\n\n**State Taxation Acts (General Amendment) Act 2005, No. 36/2005**\n\n| Assent Date: | 28.6.05 |\n| --- | --- |\n| Commencement Date: | S. 3 on 1.7.05: s. 2(7) |\n| Current State: | This information relates only to the provision/s amending the **Business Franchise (Petroleum Products) Act 1979** |\n\n\n**Transport Integration Act 2010, No. 6/2010** (as amended by No. 45/2010)\n\n| Assent Date: | 2.3.10 |\n| --- | --- |\n| Commencement Date: | S. 24(5)(Sch. 1 item 3) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Business Franchise (Petroleum Products) Act 1979** |\n\n\n**Statute Law Amendment (Directors' Liability) Act 2013, No. 13/2013**\n\n| Assent Date: | 13.3.13 |\n| --- | --- |\n| Commencement Date: | S. 53 on 14.3.13: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Business Franchise (Petroleum Products) Act 1979** |\n\n\n**Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014**\n\n| *Assent Date:* | 3.6.14 |\n| --- | --- |\n| *Commencement Date:* | S. 10(Sch. item 10) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |\n| *Current State:* | This information relates only to the provision/s amending the **Business Franchise (Petroleum Products) Act 1979** |\n\n\n**Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019, No. 7/2019**\n\n| Assent Date: | 26.3.19 |\n| --- | --- |\n| Commencement Date: | Ss 3–5 on 27.3.19: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Business Franchise (Petroleum Products) Act 1979** |\n\n\n**Transport Legislation Amendment Act 2019, No. 49/2019**\n\n| Assent Date: | 3.12.19 |\n| --- | --- |\n| Commencement Date: | S. 186(Sch. 4 item 6) on 1.1.20: Special Gazette (No. 514) 10.12.19 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Business Franchise (Petroleum Products) Act 1979** |\n\n\n**Local Government Act 2020, No. 9/2020**\n\n| Assent Date: | 24.3.20 |\n| --- | --- |\n| Commencement Date: | S. 390(Sch. 1 item 9) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Business Franchise (Petroleum Products) Act 1979** |\n\n\n**Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025, No. 25/2025**\n\n| Assent Date: | 5.8.25 |\n| --- | --- |\n| Commencement Date: | S. 106(Sch. 1 item 4) on 6.8.25: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Business Franchise (Petroleum Products) Act 1979** |\n\n\n**Statute Law Revision Act 2025, No. 41/2025**\n\n| Assent Date: | 21.10.25 |\n| --- | --- |\n| Commencement Date: | S. 3(Sch. 1 item 6) on 22.10.25: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Business Franchise (Petroleum Products) Act 1979** |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\n1. Ss 4–12:\n\n  S. 4 amended by Nos 9674 ss 18, 22(b)(i)(ii), 14/1987 s. 9, 66/1988 s. 30(a)–(d), repealed by No. 94/1997 s. 5(a).\n\n  S. 5 amended by Nos 9674 s. 19, 80/1994 s. 15(1), repealed by No. 94/1997 s. 5(a).\n\n  S. 6 amended by Nos 9295 s. 2(a)(b), 9674 s. 22(c)(d), substituted by No. 9885 s. 9(1), repealed by No. 94/1997 s. 5(a).\n\n  S. 7 amended by Nos 9295 s. 3, 9588 s. 2(a)(b), 9674 ss 20(a)(b), 22(f), 9885 ss 9(2)(a)(b), 10(1)(2), 9965 s. 4(1)(a)(b), 88/1986 s. 38 (2)(b)–(d), 66/1988 ss 31, 32(1)(2), 75/1989 s. 8, 54/1990 s. 4(1), 76/1992 s. 3, 79/1992 s. 9(1), 46/1993 s. 4(1)(a)(b), 80/1994 s. 15(2)(a)–(c), 49/1997 s. 3(1)(a)–(c)(2), repealed by No. 94/1997 s. 5(a).\n\n  S. 7A inserted by No. 88/1986 s. 38(1), amended by No. 66/1988 s. 33(1)(2) repealed by No. 94/1997 s. 5(a).\n\n  S. 8 amended by Nos 9674 ss 21, 22(e)(i)(ii), 88/1986 s. 38(2)(e), 66/1988 s. 34, repealed by No. 94/1997 s. 5(a).\n\n  S. 9 amended by No. 66/1988 s. 35, repealed by No. 94/1997 s. 5(a).\n\n  S. 10 amended by No. 9674 s. 22(g)(i)(ii), repealed by No. 94/1997 s. 5(a).\n\n  S. 11 amended by No. 9418 s. 6(a)(b), repealed by No. 9861 s. 3(1), new s. 11 inserted by No. 66/1988 s. 36, repealed by No. 94/1997 s. 5(a).\n\n  S. 11A inserted by No. 80/1994 s. 16, repealed by No. 94/1997 s. 5(a).\n\n  S. 12 repealed by No. 9863 s. 2, new s.12 inserted by No. 54/1990 s. 5, amended by No. 79/1992 s. 9(2)(3), repealed by No. 94/1997 s. 5(a). [↑](#endnote-ref-2)\n\n2. Ss 14–16:\n\n  S. 14 repealed by No. 9863 s. 2, new s. 14 inserted by No. 42/1996 s. 3, repealed by No. 94/1997 s. 5(c).\n\n  S. 15 repealed by No. 9863 s. 2.\n\n  S. 16 repealed by No. 94/1997 s. 5(c). [↑](#endnote-ref-3)","sortOrder":0}],"analysis":{"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on available information, the Act appears to have operated largely as intended — as a state-based franchise licensing and revenue-raising scheme for petroleum product sellers. However, its practical scope was ultimately curtailed not by legislative amendment but by High Court constitutional rulings that rendered such state petroleum franchise taxes invalid as disguised excise duties, effectively nullifying its operation before formal repeal."},"complexity_factors":["Historical constitutional context requires understanding of Australian federal/state division of powers","Technical definitions of 'petroleum products' and what transactions triggered licensing obligations","Fee/tax calculation mechanisms based on volume or value of sales","Interaction with federal constitutional law (excise duty provisions under s.90 of the Constitution)","Limited source text provided — full complexity of operative provisions cannot be fully assessed from the fragment supplied"],"plain_english_summary":"## Business Franchise (Petroleum Products) Act 1979\n\nThis is a **Victorian law** from 1979 that established a licensing and fee system for businesses selling petroleum products (like petrol, diesel, and other fuel products) in Victoria.\n\n**What it did:**\n- Required businesses selling petroleum products to hold a **franchise licence** (essentially a government-issued permit to operate)\n- Imposed fees or taxes on those businesses based on the volume of petroleum products they sold\n- Created a regulatory framework for who could sell petroleum products and under what conditions\n\n**Who it affected:**\n- Petrol station operators\n- Petroleum wholesalers and distributors\n- Any business commercially selling fuel products in Victoria\n\n**Why it matters:**\n- This type of state-based petroleum franchise tax was ultimately struck down by the **High Court of Australia in 1997** (*Ha v New South Wales*), which ruled that such schemes were actually disguised **excise duties** (a type of tax on goods), and under the Australian Constitution, only the federal government can collect excise duties\n- This effectively made laws like this one **constitutionally invalid**, leading to their repeal across Australian states\n- It represents an important chapter in the division of taxing powers between state and federal governments in Australia\n\n**Bottom line:** If you were running a fuel business in Victoria between 1979 and the late 1990s, this law determined what licences you needed and what fees you paid to operate. The law is now effectively dead as a legal instrument."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has transformed completely from its original purpose. It began as a comprehensive business licensing and franchise fee scheme for petroleum retailers and wholesalers (similar to tobacco licensing). After the 1997 repeal of the core licensing provisions (sections 4-12), it became primarily a vehicle for the Better Roads Victoria Trust Account — a road funding mechanism fed by traffic fines. The petroleum industry record-keeping and transportation enforcement provisions were retained but now serve compliance purposes rather than revenue collection. The Act's title and structure still suggest petroleum business regulation, but its substantive effect is now fiscal (directing fine revenue to roads) with residual regulatory oversight of the fuel industry."},"complexity_factors":["Extensive amendment history with 25+ amending Acts since 1979, creating a patchwork of repealed and substituted provisions","Major structural changes — sections 4-12 (the core licensing scheme) were completely repealed in 1997, leaving a fragmented legislative skeleton","Cross-references to multiple other Acts including Business Franchise (Tobacco) Act 1974, Transport Integration Act 2010, Road Safety Act 1986, and various local government and public administration Acts","Complex conditional spending formula in section 13 requiring 33% minimum allocations to two different geographic categories over rolling 4-year periods, with discretionary spending of remainder","Geographic definitions rely on a detailed Schedule 1 table listing 48 specific municipal councils across two categories","Nested definitions — terms like 'outer suburban and interface community' and 'rural and regional Victoria' are defined by reference to other Acts (Alpine Resorts Act 1983, Local Government Act 2020, Road Management Act 2004)","Transitional provision (section 3A) preserving pre-1997 law for past transactions, creating temporal complexity","Multiple penalty unit offences with tiered penalties (body corporate vs individual) scattered across provisions"],"plain_english_summary":"This is a Victorian law that originally set up a licensing and fee system for businesses selling petrol and diesel, but has since been gutted and repurposed.\n\n**What it used to do:**\nUntil 1997, this Act required anyone selling petroleum products (petrol or diesel) by retail or wholesale in Victoria to hold a licence and pay fees to the government. It worked alongside the Business Franchise (Tobacco) Act 1974, creating a similar regulatory scheme for fuel sellers.\n\n**What it does now:**\nThe licensing and fee provisions were repealed in 1997 when the federal government introduced the GST. Today, the Act survives for three main purposes:\n\n1. **Better Roads Victoria Trust Account** — This is the big one. The Act establishes a special fund that receives money from:\n   - Speeding fines and red-light camera fines detected by road safety cameras or speed detectors\n   - These funds are then spent on road repairs and upgrades, with at least 33% going to outer suburban/interface communities and 33% to rural/regional Victoria (as defined in Schedule 1)\n\n2. **Record-keeping and enforcement** — Petroleum retailers and wholesalers must keep records of their transactions for 5 years. There are also rules about transportation records for bulk fuel deliveries (tanks over 3,000 litres), including powers for inspectors and police to stop vehicles, check paperwork, and seize fuel if documentation is missing or false.\n\n3. **Transitional provisions** — Some technical rules about how the old licensing system applied to past transactions.\n\n**Who it affects:**\n- Fuel retailers and wholesalers in Victoria (record-keeping obligations)\n- Truck drivers transporting bulk fuel (documentation requirements)\n- Victorian motorists (indirectly — their fines fund road repairs)\n- Local councils in outer suburban, interface, and rural/regional areas (potential beneficiaries of road funding)\n\n**Why it matters:**\nThis Act is essentially a funding mechanism disguised as business regulation. It creates a direct link between road safety fines and road infrastructure spending, ensuring that money from speeding tickets goes back into fixing roads rather than general revenue. The petroleum industry remains regulated under this Act primarily for compliance and enforcement purposes, even though the original franchise fee system is long gone."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act's original framing is licensing of persons who sell certain petroleum products in Victoria (long title and s 1). Over time the Act's scope has been extended beyond licensing mechanics to include: a road‑funding vehicle (Better Roads Victoria Trust Account) with prescribed funding sources and spending proportions (s 13); explicit Treasurer payments to certain wholesalers where excise has been paid (s 17); a statutory transportation‑record and enforcement regime (s 21–25); and a formal transport‑legislation classification (s 2A). These additions create new fiscal directions (earmarking specified fines for road projects, s 13(2)(b), (3)–(3C)), payment obligations and information requirements by the Treasurer (s 17–18), and an administrative enforcement architecture (inspectors, police powers, seizure and forfeiture, s 22–25). The text itself records the timing and source of many of those insertions in amendment notes (see sections and endnotes), demonstrating the Act has shifted from a narrower licensing statute to a combined licensing, compliance/enforcement and fiscal‑allocation instrument."},"complexity_factors":["Multiple cross-referenced definitions and territorial rules (s 2, s 2(1A), s 2(1B)) that determine which transactions fall inside the Act's scope.","Significant administrative discretion concentrated in named officials: \"absolute discretion\" for the Commissioner on group membership (s 3(2)–(5)); broad Treasurer discretion on Trust Account spending and delegation (s 13(3), (5)–(6)).","Layered compliance obligations and sanctions: multi-year record retention requirements (s 21), mandatory transportation records and carriage rules for large tanks (s 22), and differing penalty units for various breaches (s 21(4); s 22(1), (3); s 23(3)).","Operational enforcement interactions between inspectors and police for stopping, searching, unloading and seizure (s 23(4); s 24(2)), creating practical dependencies for implementation.","Financial provisions that tie enforcement outcomes and fines to a dedicated Trust Account with minimum spending proportions and multi‑year spending schedules (s 13(2)(b), (3)–(3C)).","Historical layering of amendments and repeals (documented throughout the text and endnotes) increases interpretive complexity when determining the current legal position."],"plain_english_summary":"What this Act does (mechanics)\n\n- Establishes a regulatory framework for people and businesses that sell certain petroleum products (\"petroleum products\" = motor spirit and diesel fuel) in Victoria, including definitions that distinguish retailing from wholesaling (s 2).\n- Sets rules about membership of \"petroleum wholesalers' groups\" and gives the Commissioner an express power to determine or exclude group membership (s 3).\n- Imposes record-keeping obligations on petroleum retailers and wholesalers: retailers must record purchases and wholesalers must record purchases and sales, and records must be kept for 5 years in a form required by the Commissioner (s 21).\n- Requires a transportation record when petroleum is carried by road in tanks larger than the prescribed capacity (3 000 litres): the person on whose behalf transport occurs must complete the form, give it to the carrier, and the carrier must carry the record in the vehicle; there are criminal penalties for false or missing records (s 22).\n- Gives inspectors powers to search vehicles they reasonably suspect are carrying petroleum in tanks above the prescribed capacity, to ask drivers to produce transportation records, and to require police assistance to stop vehicles (s 23).  If records are not produced or are believed false, an inspector can require the vehicle be driven to a nearby place for unloading; inspectors may seize petroleum and must give a receipt if they do so (s 24).\n- Provides for forfeiture and disposal of petroleum products seized from persons convicted of relevant offences (s 25).\n- Establishes the Better Roads Victoria Trust Account in the Public Account as part of the Trust Fund and prescribes funding and spending rules: an initial appropriation (as shown for 1997) and an ongoing source consisting of certain fines (fines detected by road safety cameras or speed detectors and fines for prescribed offences) are to be paid into the Account (s 13(1), (2)(b)). The Treasurer determines how amounts in the Account are spent on road repair and upgrade in specified geographical categories, including minimum proportions for outer suburban/interface communities and rural/regional Victoria (s 13(3)–(3C)). The Treasurer may authorise expenditure and may delegate many powers under this section (s 13(5)–(6)).\n- Allows the Treasurer to make payments to persons who carry on or have carried on petroleum wholesaling where excise duties have been paid to the Commonwealth (s 17). Overpayments may be offset against future payments (s 17(3)).\n- Gives the Treasurer power to require information or documents from persons seeking payments under s 17, and creates offences for giving false or misleading information (s 18).\n- Enables the Governor in Council to make regulations to give effect to the Act (s 26).\n\nWho this affects\n\n- Petroleum wholesalers and petroleum retailers operating in or delivering into Victoria (s 2(1A), (1B), definitions in s 2).\n- Owners and carriers who transport petroleum by road in tanks over 3 000 L (s 22).\n- Drivers of vehicles carrying petroleum subject to inspection and production requirements (s 23–24).\n- Persons convicted of offences against the transportation and record provisions (s 25).\n- The State Treasurer and the Commissioner (administrative decision-makers under s 3, s 13, s 17, s 18).\n- Road users generally, to the extent that specified fines are directed into the Better Roads Victoria Trust Account (s 13(2)(b)).\n\nWhy it matters (official rationale stated, then tested against costs and incentives)\n\n- Officially, the Act regulates the sale and transport of key petroleum products and creates a funding vehicle for road repair and upgrades (see the Act's long title and s 13). The text makes those purposes explicit (s 2; s 13(1)–(3)).\n\n- Who pays: the Trust Account is fed in part by specified fines (s 13(2)(b)). The Consolidated Fund is also an appropriated source where the Treasurer directs payments (s 13(2)(a); s 17(2)). Persons conveying false information can face monetary penalties (s 18(2)). Businesses that must keep records and carry transport paperwork bear compliance costs and face statutory penalties for failures (s 21(4); s 22(1), (3)–(4)).\n\n- Who decides: the Commissioner controls group membership and prescribes record forms (s 3; s 21(3)). The Treasurer determines spending from the Trust Account and may delegate many of those powers (s 13(3)–(6)). Inspectors exercise on‑the‑spot enforcement powers and may enlist police assistance to stop vehicles (s 23(1), (4); s 24(2)).\n\n- Behavioural effects and incentives: record and transport‑document obligations create reporting and documentation incentives for wholesalers, retailers and carriers (s 21–22). The threat of vehicle search, unloading and seizure for non‑compliance gives inspectors operational leverage (s 23–24) and an offence with forfeiture consequences (s 25) creates an enforcement deterrent. Direct payments by the Treasurer to wholesalers who paid excise (s 17) are a financial transfer that can affect wholesaler revenue streams.\n\n- Compliance burden and costs: businesses must maintain records for five years in a Commissioner‑specified form (s 21(1)–(3)). Carriers and persons arranging transport must complete and carry transportation records for tanks over 3 000 L (s 22(1), (4)). Non‑compliance attracts statutory penalty units (see s 21(4); s 22(1), (3) and s 23(3)). The Act quantifies some penalties at specific unit levels in the text.\n\n- Discretion and implementation risk: the Commissioner has \"absolute discretion\" to determine or exclude group membership (s 3(2)–(5)), which centralises a significant classification power. The Treasurer has broad discretion over spending and may delegate (s 13(3), (5)–(6)). Those discretions mean outcomes depend on administrative exercise; consistent application requires administrative capacity and published forms/processes (s 21(3)). Enforcement of transport rules depends on inspectors and police collaboration (s 23(4); s 24(2)), creating an operational dependency.\n\n- Trade‑offs and opportunity costs: directing specified fine revenue into a dedicated Trust Account earmarks those funds for road purposes and away from other potential uses (s 13(2)(b), (3)–(3C)). Payments to wholesalers (s 17) use public funds (appropriated from the Consolidated Fund, s 17(2)) and might substitute for other budgetary choices.\n\n- Effects on private enterprise and market choices: licensing definitions and the record regimes create compliance costs that may affect margins and administrative practices for retailers and wholesalers (s 2; s 21). The statutory distinction between retailing and wholesaling (s 2) and the group membership rules (s 3) can affect how businesses organise sales and distribution.\n\nConcise mechanics summary (who pays, who decides, what changes in behaviour)\n\n- Who pays: road users who pay specified fines (s 13(2)(b)); businesses bear record‑keeping and compliance costs and risk statutory penalties for breaches (s 21–22); the Consolidated Fund funds certain Treasurer payments and appropriations (s 13(2)(a); s 17(2)).\n- Who decides: the Commissioner (group membership and record forms) (s 3; s 21(3)), the Treasurer (Trust Account spending, payments to wholesalers, information demands) (s 13; s 17–18), inspectors and police (operational enforcement) (s 23–24).\n- What behaviour changes: wholesalers/retailers must keep longer records and follow prescribed forms (s 21); carriers must have and carry transport records for large tanks (s 22); drivers risk vehicle searches, unloading and seizure where records are absent or false (s 23–25); public funds collected from fines are channelled to specified road projects (s 13).\n\nKey statutory citations: definitions and territorial rules (s 2); transport legislation classification (s 2A); wholesalers' group membership (s 3); Better Roads Victoria Trust Account, sources and spending rules and delegation (s 13); Treasurer payments to wholesalers (s 17); Treasurer information powers and offence (s 18); record keeping (s 21); transportation record and penalties (s 22); production, inspection and stopping powers (s 23); temporary custody/unloading/seizure (s 24); forfeiture and disposal (s 25); regulations power (s 26)."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/business-franchise-petroleum-products-act-1979","history":"/api/acts/business-franchise-petroleum-products-act-1979/history","analysis":"/api/acts/business-franchise-petroleum-products-act-1979/analysis","conflicts":"/api/acts/business-franchise-petroleum-products-act-1979/conflicts","importantCases":"/api/acts/business-franchise-petroleum-products-act-1979/important-cases","documents":"/api/acts/business-franchise-petroleum-products-act-1979/documents"}}