{"id":"a-1993-40","name":"Fair Trading (Fuel Prices) Act 1993","slug":"fair-trading-fuel-prices-act-1993","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"40 of 1993","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23554,"registerId":"act-a-1993-40-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Fair Trading (Fuel Prices) Act 1993","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nFair Trading (Fuel Prices) Act 1993\nA1993-40\nRepublication No 8\nEffective: 21 March 2025\nRepublication date: 21 March 2025\nLast amendment made by A2025-3\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Fair Trading (Fuel Prices) Act 1993 (including any amendment\nmade under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 21 March 2025.\nIt also includes any commencement, amendment, repeal or expiry affecting this republished law\nto 21 March 2025.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR8\n21/03/25\nFair Trading (Fuel Prices) Act 1993\nEffective: 21/03/25\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nFair Trading (Fuel Prices) Act 1993\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n2 Dictionary 2\n2A Notes 2\nPart 2 Determination of fuel prices\n3 Commissioner may make recommendation to Minister 3\n4 Minister may determine fuel prices 4\n5 Price offences 5\n5A Price display requirements 5\n6 Power to obtain information 6\n7 Use of information 7\nPart 3 Regulated transfer of certain fuels\n7A Definitions—pt 3 8\n\nContents\nPage\ncontents 2 Fair Trading (Fuel Prices) Act 1993\nEffective: 21/03/25\nR8\n21/03/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n8 When a volume of fuel must be temperature converted 8\n9 Section 8 must not be circumvented 9\n10 Record of temperature converted volume 9\n11 Charging for temperature conversion of fuel prohibited 10\nPart 4 Miscellaneous\n12 Regulation-making power 11\nDictionary 12\nEndnotes\n1 About the endnotes 14\n2 Abbreviation key 14\n3 Legislation history 15\n4 Amendment history 17\n5 Earlier republications 20\n\nR8\n21/03/25\nFair Trading (Fuel Prices) Act 1993\nEffective: 21/03/25\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nFair Trading (Fuel Prices) Act 1993\nAn Act to make provision for the regulation of prices of certain fuels, and for\nrelated purposes\n\nPart 1 Preliminary\nSection 1\npage 2 Fair Trading (Fuel Prices) Act 1993\nEffective: 21/03/25\nR8\n21/03/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Fair Trading (Fuel Prices) Act 1993.\n2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct.\nNote 2 A definition in the dictionary applies to the entire Act unless the\ndefinition, or another provision of the Act, provides otherwise or the\ncontrary intention otherwise appears (see Legislation Act, s 155 and\ns 156 (1)).\n2A Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nDetermination of fuel prices Part 2\nSection 3\nR8\n21/03/25\nFair Trading (Fuel Prices) Act 1993\nEffective: 21/03/25\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Determination of fuel prices\n3 Commissioner may make recommendation to Minister\n(1) The commissioner may make a recommendation in writing to the\nMinister as to—\n(a) the maximum base wholesale price of a specified fuel; and\n(b) the maximum retail price of a specified fuel; and\n(c) the maximum retail margin in relation to a specified fuel.\n(2) For the purpose of making a recommendation in relation to a\nparticular fuel, the commissioner shall have regard to such matters as\nhe or she considers to be relevant, including, any 1 or more of the\nfollowing matters:\n(a) the wholesale price of that fuel that, for the purposes of the\nCompetition and Consumer Act 2010 (Cwlth), section 95Z (8) is\nthe actual price applicable to that fuel under that subsection;\n(b) the price at which that fuel is being sold in the Territory, whether\nby wholesale or by retail;\n(c) the price at which that fuel is being sold in any 1 or more of the\nState capital cities (and particularly Sydney), whether by\nwholesale or by retail;\n(d) any consultations he or she has had with the Australian\nCompetition and Consumer Commission, the Motor Trades\nAssociation or representatives of the petroleum industry;\n(e) submissions received from the bodies or representatives referred\nto in paragraph (d);\n(f) information furnished to the commissioner in accordance with a\nrequirement under section 6 (1);\n\nPart 2 Determination of fuel prices\nSection 4\npage 4 Fair Trading (Fuel Prices) Act 1993\nEffective: 21/03/25\nR8\n21/03/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(g) anomalies or disparities in relation to the price of a fuel arising\nin connection with any 1 or more of the matters referred to in\nparagraphs (a) to (f).\n(3) In this section:\nAustralian Competition and Consumer Commission means the\nAustralian Competition and Consumer Commission established\nunder the Competition and Consumer Act 2010 (Cwlth), section 6A.\n4 Minister may determine fuel prices\n(1) The Minister may, on the recommendation of the commissioner in\nrelation to a specified fuel, in writing, determine—\n(a) the maximum base wholesale price of that fuel; and\n(b) the maximum retail price of that fuel; and\n(c) the maximum retail margin in relation to that fuel.\n(2) The Minister shall not determine a maximum base wholesale price of\na specified fuel that is greater than the actual price that, for the\npurposes of the Competition and Consumer Act 2010 (Cwlth),\nsection 95Z (8) is applicable to that fuel under that subsection.\n(3) A determination under subsection (1) is a disallowable instrument.\nNote A disallowable instrument must be notified, and presented to the\nLegislative Assembly, under the Legislation Act.\n(4) The Minister must give additional public notice of the determination.\nNote Public notice means notice on an ACT government website or in a daily\nnewspaper circulating in the ACT (see Legislation Act, dict, pt 1). The\nrequirement in s (4) is in addition to the requirement for notification on\nthe legislation register as a disallowable instrument.\n\nDetermination of fuel prices Part 2\nSection 5\nR8\n21/03/25\nFair Trading (Fuel Prices) Act 1993\nEffective: 21/03/25\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Price offences\n(1) Where the maximum base wholesale price of a specified fuel has been\ndetermined under section 4 (1) (a), a person shall not, without\nreasonable excuse, sell or offer for sale, by wholesale, any such fuel\nat a price greater than that maximum base wholesale price.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n(2) Where the maximum retail price of a specified fuel has been\ndetermined under section 4 (1) (b), a person shall not, without\nreasonable excuse, sell or offer for sale, by retail, any such fuel at a\nprice greater than that maximum retail price.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n(3) Where the maximum retail margin in relation to a specified fuel has\nbeen determined under section 4 (1) (c), a person shall not, without\nreasonable excuse, sell or offer for sale, by retail, any such fuel at a\nretail margin greater than that maximum retail margin.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n5A Price display requirements\n(1) A person commits an offence if the person—\n(a) uses a price board to display the price of a specified fuel sold by\nthe person; and\n(b) displays on the price board—\n(i) a discounted fuel price; or\n(ii) a fuel price that is lower than the price at the corresponding\nfuel pump.\nMaximum penalty: 20 penalty units.\n\nPart 2 Determination of fuel prices\nSection 6\npage 6 Fair Trading (Fuel Prices) Act 1993\nEffective: 21/03/25\nR8\n21/03/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) In this section:\ndiscounted fuel price, of a specified fuel, means the price per unit of\nmeasurement of the fuel payable on the sale of the fuel by retail after\nany discount is applied.\nExamples—units of measurement of fuel\n1 for leaded petrol and unleaded petrol, the unit of measurement is a litre\n2 for hydrogen, the unit of measurement is a kilogram\n3 for electricity, the unit of measurement is a kilowatt hour\nprice board means a board, sign or other notice in relation to a service\nstation that—\n(a) displays information regarding the price of types of fuel for sale\nby retail at the service station; and\n(b) is visible to a person passing the service station.\n6 Power to obtain information\n(1) Where the commissioner believes, on reasonable grounds, that—\n(a) a person is a prescribed person; and\n(b) that person is capable of furnishing information that the\ncommissioner considers to be necessary in connection with\nmaking a recommendation in relation to a particular fuel;\nthe commissioner may by notice served on that person, require the\nperson to furnish to the commissioner, within the time and in the\nmanner specified in the notice, such information as is specified in the\nnotice.\n(2) A person shall not—\n(a) without reasonable excuse, fail to comply with a notice under\nsubsection (1); or\n\nDetermination of fuel prices Part 2\nSection 7\nR8\n21/03/25\nFair Trading (Fuel Prices) Act 1993\nEffective: 21/03/25\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) in purported compliance with such a notice, knowingly furnish\ninformation that is false or misleading.\nMaximum penalty:\n(a) for paragraph (a)—50 penalty units; or\n(b) for paragraph (b)—50 penalty units, imprisonment for 6 months\nor both.\n(3) In this section:\nprescribed person means—\n(a) a person, whether within or outside the Territory, who supplies\nfuel in the Territory; or\n(b) a person, whether within or outside the Territory, who is a party\nto an agreement, arrangement or understanding that may affect\nor be connected with the price, or supply, of fuel in the Territory.\nsupply means to supply (including resupply), or to offer to supply, by\nway of sale (whether by wholesale or by retail) or exchange.\n7 Use of information\n(1) Information furnished to the commissioner by a person in accordance\nwith a requirement under section 6 (1) shall not, without reasonable\nexcuse, be used otherwise than in connection with a recommendation\nor a determination under this Act.\n(2) A person who contravenes subsection (1) commits an offence.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n(3) Subsection (1) does not apply to the communication of information,\nor the production of a document, to a court for the purposes of\nproceedings for an alleged offence against section 6 (2) (a) or (b).\n\nPart 3 Regulated transfer of certain fuels\nSection 7A\npage 8 Fair Trading (Fuel Prices) Act 1993\nEffective: 21/03/25\nR8\n21/03/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Regulated transfer of certain\nfuels\n7A Definitions—pt 3\n(1) In this part:\nfuel means leaded petrol, unleaded petrol or distillate.\nregulated transfer means a single consignment of a fuel that is—\n(a) at least 2 000L; and\n(b) delivered to or withdrawn from a place in the ACT under, or\nbecause of, an agreement for the sale, purchase or exchange of\nfuel.\n(2) In this section:\nleaded petrol means petrol other than unleaded petrol.\nunleaded petrol means petrol that—\n(a) contains not more than 0.013g of lead per litre; and\n(b) contains not more than 0.0013g of phosphorous per litre; and\n(c) contains not more than 0.10% of sulphur by weight; and\n(d) has a research octane number not less than 91.0; and\n(e) has a motor octane number of not less than 82.0.\n8 When a volume of fuel must be temperature converted\n(1) The volume of a fuel in a regulated transfer must be measured or\ncalculated as if the fuel were at the temperature of 15oC.\n(2) A person must not, without reasonable excuse, authorise a regulated\ntransfer in which—\n(a) the volume of the fuel is measured or calculated contrary to\nsubsection (1); or\n\nRegulated transfer of certain fuels Part 3\nSection 9\nR8\n21/03/25\nFair Trading (Fuel Prices) Act 1993\nEffective: 21/03/25\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the price or value of the fuel transferred is fixed by reference to\na volume measured or calculated contrary to subsection (1).\nMaximum penalty (subsection (2)): 50 penalty units, imprisonment\nfor 6 months or both.\n9 Section 8 must not be circumvented\n(1) Section 8 applies even if there is an agreement or understanding to\nthe contrary.\n(2) A provision in an agreement is void so far as it is inconsistent with\nsection 8 or a right or remedy arising from the section.\n(3) Section 8 applies even if the proper law of the agreement is that of\nanother jurisdiction.\n(4) Nothing in section 8 affects the operation of an agreement so far as it\ncan operate consistently with that section.\n10 Record of temperature converted volume\n(1) This section applies to a person (the supplier) who authorises the\ndelivery of a regulated transfer of a fuel to another person\n(the recipient).\n(2) The supplier must ensure that at the time of the delivery, or as soon\nas practicable after the delivery, the recipient is given a statement that\nincludes the following information:\n(a) the kind of the fuel;\n(b) the volume of the fuel loaded into a container (including, for\nexample, a petrol tanker) for consignment to the recipient;\n(c) the temperature of the fuel at the time it is loaded for\nconsignment;\n(d) the volume of the fuel loaded for consignment measured or\ncalculated as if the fuel were at the temperature of 15oC;\n\nPart 3 Regulated transfer of certain fuels\nSection 11\npage 10 Fair Trading (Fuel Prices) Act 1993\nEffective: 21/03/25\nR8\n21/03/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(e) whether, after the fuel has been loaded for consignment, a\nquantity of fuel has been added to or removed from the\nconsignment;\n(f) any other information prescribed under the regulations for this\nparagraph.\n(3) A person must not, without reasonable excuse, contravene subsection\n(2).\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n(4) This section does not prevent the volume of the fuel being measured\nor calculated as if the fuel were at the temperature of 15oC at the time\nof its delivery to the recipient.\nExample\nIf only part of a single consignment of a fuel is delivered to the recipient, the volume\nsupplied may be measured through or by a device that measures or calculates the\nvolume of fuel delivered as if it were at the temperature of 15oC.\n11 Charging for temperature conversion of fuel prohibited\nA person must not authorise the delivery of a regulated transfer of a\nfuel to another person if a charge or some other form of consideration\nis either directly or indirectly made or otherwise required for\ncomplying with—\n(a) section 8 (1) (When a volume of fuel must be temperature\nconverted); or\n(b) section 10 (2) (Record of temperature converted volume).\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n\nMiscellaneous Part 4\nSection 12\nR8\n21/03/25\nFair Trading (Fuel Prices) Act 1993\nEffective: 21/03/25\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Miscellaneous\n12 Regulation-making power\nThe Executive may make regulations for this Act.\nNote Regulations must be notified, and presented to the Legislative Assembly,\nunder the Legislation Act.\n\nDictionary\npage 12 Fair Trading (Fuel Prices) Act 1993\nEffective: 21/03/25\nR8\n21/03/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• commissioner for fair trading\n• Minister (see s 162)\n• person (see s 160)\n• the Territory.\nbase wholesale price, in relation to a specified fuel, means the\nwholesale price payable for that fuel, excluding—\n(a) the amount per unit of measurement of the fuel included in that\nprice on account of freight charges in connection with the supply\nof that fuel; and\n(b) the amount per unit of measurement of the fuel included in that\nprice on account of any duty payable by the wholesaler under a\nlaw of the Commonwealth.\ncommissioner means the commissioner for fair trading.\ndetermination means a determination by the Minister under\nsection 4 (1).\nfuel—\n(a) for this Act generally—\n(i) means a fuel mentioned in the Fuels Rationing Act 2019,\nsection 6; and\n(ii) includes electricity; and\n(b) for part 3 (Regulated transfer of certain fuels)—see\nsection 7A (1).\nprice includes a charge of any description.\n\nDictionary\nR8\n21/03/25\nFair Trading (Fuel Prices) Act 1993\nEffective: 21/03/25\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nrecommendation means a recommendation by the commissioner\nunder section 3 (1).\nretail margin, in relation to a specified fuel, means the amount\nincluded in the retail price that is equal to the difference between that\nprice and the base wholesale price of that fuel, excluding the amount\nper unit of measurement of the fuel included in the retail price on\naccount of the freight charges in connection with the supply of that\nfuel.\nretail price, of a specified fuel, means the price per unit of\nmeasurement of the fuel payable on the sale of the fuel by retail\nwithout any discount applied.\nspecified fuel means the fuel that is specified in a recommendation or\na determination, as the case requires.\nwholesale price, of a specified fuel, means the price per unit of\nmeasurement of the fuel payable on the sale of the fuel by wholesale.\n\nEndnotes\n1 About the endnotes\npage 14 Fair Trading (Fuel Prices) Act 1993\nEffective: 21/03/25\nR8\n21/03/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\nLegislation history 3\nR8\n21/03/25\nFair Trading (Fuel Prices) Act 1993\nEffective: 21/03/25\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nFair Trading (Fuel Prices) Act 1993 A1993-40\nnotified 29 June 1993 (Gaz 1993 No S111)\ncommenced 29 June 1993\nas amended by\nEnvironment Protection (Consequential Provisions) Act 1997\nA1997-93 sch 2\nnotified 1 December 1997 (Gaz 1997 No S380)\ns 1, s 2 commenced 21 December 1997 (s 2 (1))\ncommenced 1 June 1998 (s 2 (3))\nTobacco Licensing (Amendment) Act 1998 A1998-18 sch 1\nnotified 10 July 1998 (Gaz 1998 No S190)\ncommenced 10 July 1998 (s 2)\nStatute Law Revision (Penalties) Act 1998 A1998-54 sch\nnotified 27 November 1998 (Gaz 1998 No S207)\ns 1, s 2 commenced 27 November 1998 (s 2 (1))\ncommenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)\nFair Trading (Fuel Prices) (Amendment) Act 1999 A1999-45\nnotified 17 September 1999 (Gaz 1999 No S54)\ncommenced 17 September 1999 (s 2)\nLaw Reform (Miscellaneous Provisions) Act 1999 A1999-66 sch 3\nnotified 10 November 1999 (Gaz 1999 No 45)\ncommenced 10 November 1999 (s 2)\nJustice and Community Safety Legislation Amendment Act 2000\n(No 3) A2000-17 sch 1\nnotified 1 June 2000 (Gaz 2000 No 22)\ncommenced 1 June 2000 (s 2)\nFair Trading (Fuel Prices) Amendment Act 2001 A2001-50\nnotified 12 July 2001 (Gaz 2001 No 28)\ncommenced 12 July 2001 (s 2)\n\nEndnotes\n3 Legislation history\npage 16 Fair Trading (Fuel Prices) Act 1993\nEffective: 21/03/25\nR8\n21/03/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 140\n(as am by A2001-70 amdt 1.12)\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 140 commenced 12 September 2001 (s 2 and see Gaz 2001\nNo S65)\nJustice and Community Safety Legislation Amendment Act 2001\nA2001-70 amdt 1.12\nnotified LR 14 September 2001\ns 1, s 2 commenced 14 September 2001 (LA s 75 (1))\namdt 1.12 taken to have commenced 12 September 2001 (s 2 (2))\nNote This Act only amends the Legislation (Consequential Amendments)\nAct 2001 A2001-44.\nStatute Law Amendment Act 2007 A2007-3 sch 3 pt 3.42\nnotified LR 22 March 2007\ns 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))\nsch 3 pt 3.42 commenced 12 April 2007 (s 2 (1))\nRed Tape Reduction Legislation Amendment Act 2015 A2015-33\nsch 1 pt 1.25\nnotified LR 30 September 2015\ns 1, s 2 commenced 30 September 2015 (LA s 75 (1))\nsch 1 pt 1.25 commenced 14 October 2015 (s 2)\nConsumer Protection Legislation Amendment Act 2019 A2019-2 pt 3\nnotified LR 26 February 2019\ns 1, s 2 commenced 26 February 2019 (LA s 75 (1))\npt 3 commenced 26 August 2019 (s 2 (1))\nJustice Legislation Amendment Act 2020 A2020-42 pt 16\nnotified LR 27 August 2020\ns 1, s 2 commenced 27 August 2020 (LA s 75 (1))\npt 16 commenced 28 August 2020 (s 2 (9))\nJustice and Community Safety Legislation Amendment Act 2025 (No 2)\nA2025-3 sch 1 pt 1.2\nnotified LR 14 March 2025\ns 1, s 2 commenced 14 March 2025 (LA s 75 (1))\nsch 1 pt 1.2 commenced 21 March 2025 (s 2)\n\nEndnotes\nAmendment history 4\nR8\n21/03/25\nFair Trading (Fuel Prices) Act 1993\nEffective: 21/03/25\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nPreliminary\npt 1 hdg ins A2020-42 s 78\nName of Act\ns 1 sub A2007-3 amdt 3.230\nDictionary\ns 2 defs reloc to dict A2007-3 amdt 3.231\nsub A2007-3 amdt 3.232\ndef director sub A1999-66 sch 3\nom A2000-17 sch 1\nNotes\ns 2A ins A2007-3 amdt 3.232\nDetermination of fuel prices\npt 2 hdg ins A2020-42 s 79\nCommissioner may make recommendation to Minister\ns 3 hdg am A2000-17 sch 1\ns 3 am A2000-17 sch 1; A2020-42 s 80, s 81; A2025-3 amdt 1.4,\namdt 1.5\nMinister may determine fuel prices\ns 4 am A2000-17 sch 1; A2001-44 amdt 1.1616, amdt 1.1617;\nA2015-33 amdt 1.81; A2025-3 amdt 1.6\nPrice offences\ns 5 am A1998-54 sch\nPrice display requirements\ns 5A ins A2019-2 s 19\nam A2020-42 s 82\nPower to obtain information\ns 6 am A1998-54 sch; A2000-17 sch 1\nUse of information\ns 7 am A1998-54 sch; A2000-17 sch 1\nRegulated transfer of certain fuels\npt 3 hdg ins A2020-42 s 83\nDefinitions—pt 3\ns 7A ins A2020-42 s 83\ndef fuel ins A2020-42 s 83\ndef leaded petrol ins A2020-42 s 83\ndef regulated transfer ins A2020-42 s 83\ndef unleaded petrol ins A2020-42 s 83\n\nEndnotes\n4 Amendment history\npage 18 Fair Trading (Fuel Prices) Act 1993\nEffective: 21/03/25\nR8\n21/03/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nWhen a volume of fuel must be temperature converted\ns 8 ins A1999-45 s 5\nSection 8 must not be circumvented\ns 9 ins A1999-45 s 5\nRecord of temperature converted volume\ns 10 ins A2001-50 s 5\nCharging for temperature conversion of fuel prohibited\ns 11 ins A2001-50 s 5\nMiscellaneous\npt 4 hdg ins A2020-42 s 84\nRegulation-making power\ns 12 (prev s 8) renum as s 10 A1999-45 s 6\nrenum A2001-50 s 4\nsub A2001-44 amdt 1.1618 (as sub by A2001-70 sch 1)\nDictionary\ndict ins A2007-3 amdt 3.233\ndef base wholesale price am A1998-18 sch 1\nreloc from s 2 A2007-3 amdt 3.231\nam A2020-42 s 85\ndef commissioner ins A2000-17 sch 1\nreloc from s 2 A2007-3 amdt 3.231\ndef determination reloc from s 2 A2007-3 amdt 3.231\ndef discounted fuel price ins A2019-2 s 20\nom A2020-42 s 86\ndef fuel reloc from s 2 A2007-3 amdt 3.231\nsub A2020-42 s 87\ndef leaded petrol reloc from s 2 A2007-3 amdt 3.231\nom A2025-3 amdt 1.7\ndef price reloc from s 2 A2007-3 amdt 3.231\ndef Prices Surveillance Authority reloc from s 2 A2007-3\namdt 3.231\nom A2020-42 s 88\ndef recommendation am A2000-17 sch 1\nreloc from s 2 A2007-3 amdt 3.231\ndef regulated transfer ins A1999-45 s 4\nreloc from s 2 A2007-3 amdt 3.231\nom A2020-42 s 88\ndef retail margin am A1998-18 sch 1\nreloc from s 2 A2007-3 amdt 3.231\nam A2020-42 s 89\n\nEndnotes\nAmendment history 4\nR8\n21/03/25\nFair Trading (Fuel Prices) Act 1993\nEffective: 21/03/25\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ndef retail price ins A2007-3 amdt 3.233\nsub A2019-2 s 21\nam A2020-42 s 89\ndef specified fuel reloc from s 2 A2007-3 amdt 3.231\ndef unleaded petrol am A1997-93 sch 2\nreloc from s 2 A2007-3 amdt 3.231\nom A2025-3 amdt 1.7\ndef wholesale price ins A2007-3 amdt 3.233\nam A2020-42 s 89\n\nEndnotes\n5 Earlier republications\npage 20 Fair Trading (Fuel Prices) Act 1993\nEffective: 21/03/25\nR8\n21/03/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR0A\n18 Dec 2019\n9 Dec 1998–\n16 Sept 1999\nA1998-54 amendments by\nA1997-93,\nA1998-18 and\nA1998-54\nR1 (RI)\n18 Dec 2019\n17 Sept 1999–\n9 Nov 1999\nA1999-45 amendments by\nA1999-45\nreissued electronic\nrepublication of\nprinted version\nR1A\n18 Dec 2019\n10 Nov 1999–\n31 May 2000\nA1999-66 amendments by\nA1999-66\nR2 (RI)\n18 Dec 2019\n1 June 2000–\n11 July 2001\nA2000-17 amendments by\nA2000-17\nreissued electronic\nrepublication of\nprinted version\nR2A\n18 Dec 2019\n12 July 2001–\n11 Sept 2001\nA2001-50 amendments by\nA2001-50\nR3\n12 Sept 2001\n12 Sept 2001–\n11 Apr 2007\nA2001-44 amendments by\nA2001-44\nR4\n12 Apr 2007\n12 Apr 2007–\n13 Oct 2015\nA2007-3 amendments by\nA2007-3\nR5\n14 Oct 2015\n14 Oct 2015–\n25 Aug 2019\nA2015-33 amendments by\nA2015-33\nR6\n26 Aug 2019\n26 Aug 2019–\n27 Aug 2020\nA2019-2 amendments by\nA2019-2\n\nEndnotes\nEarlier republications 5\nR8\n21/03/25\nFair Trading (Fuel Prices) Act 1993\nEffective: 21/03/25\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR7\n28 Aug 2020\n28 Aug 2020–\n20 Mar 2025\nA2020-42 amendments by\nA2020-42\n© Australian Capital Territory 2025","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Yes. The Act's scope has expanded since 1993. Later amendments added price display rules (s 5A inserted A2019-2), strengthened information powers and offences (ss 6–7 amended across 1998–2000), and introduced a distinct Part 3 (ss 7A–11) regulating large transfers (≥2,000 L), mandatory temperature conversion to a 15°C basis, delivery statements and a prohibition on charging for conversion (inserted 1999–2001; definitions updated 2020). The Minister’s pricing power remains limited by a cross‑reference to the Commonwealth Competition and Consumer Act (s 4(2))."},"complexity_factors":["Ministerial discretion constrained by administrative recommendation process (commissioner recommends; Minister may determine) increases hybrid legal/administrative decision-making.","Cross-reference to Commonwealth law (Competition and Consumer Act 2010, s 95Z(8)) limits determinations and creates inter-jurisdictional dependency (s 4(2)).","Criminal offences and substantial penalties (penalty units and imprisonment) for price breaches, misleading displays, false information and record failures.","Information‑gathering power to compel prescribed persons (including out-of-territory suppliers and parties to agreements) creates compliance and disclosure burdens (s 6).","Technical measurement regime for regulated transfers (temperature conversion to 15°C) with detailed recordkeeping and anti‑circumvention rules (Part 3, ss 7A–11).","Definitions and scope vary between general provisions and Part 3 (e.g. 'fuel' broader in general vs specific fuels in Part 3), increasing interpretive complexity.","Regulation‑making power allows subordinate rules to expand operational detail and penalties, adding implementation uncertainty (s 12).","Multiple amendments over time mean readers must track historical changes to understand current scope (see amendment history)."],"plain_english_summary":"This Act lets the ACT Commissioner recommend, and the Minister determine, maximum base wholesale prices, maximum retail prices and maximum retail margins for specified fuels, and makes it an offence to sell above those limits or to display misleading pump prices. It also gives the Commissioner powers to require pricing information from suppliers. Separately, the Act requires large fuel consignments (2,000 L or more) to have volumes converted to a 15°C standard, mandates delivery records, and prohibits charging for that conversion—affecting suppliers, wholesalers, retailers and service stations in the ACT."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":true,"description":"The legislation has grown beyond its original 1993 purpose of simple price surveillance and capping. The 1999 amendments added temperature conversion requirements for bulk fuel transfers (Part 3), creating technical regulation of fuel measurement. The 2019 amendments added price display requirements (section 5A) to address modern marketing practices. The 2020 amendments restructured the Act with part headings and updated definitions to include electricity as a 'fuel'. While the core price-setting mechanism remains, the Act now regulates advertising practices and technical measurement standards, making it a broader consumer protection and fair trading instrument than originally conceived."},"complexity_factors":["Short statute: only 12 sections plus dictionary","Minimal cross-referencing: primarily references to the Commonwealth Competition and Consumer Act 2010 for wholesale pricing benchmarks","Straightforward structure: 4 Parts with clear subject matter divisions (Preliminary, Price Determination, Regulated Transfers, Miscellaneous)","Limited conditional logic: offences are simple prohibitions with 'without reasonable excuse' defences","Moderate defined terms: approximately 12 key definitions in the dictionary, most are intuitive (retail margin, wholesale price, etc.)","No nested exceptions or complex temporal provisions","Recent amendments (2020, 2025) streamlined definitions and removed redundant provisions, reducing complexity"],"plain_english_summary":"This ACT law lets the government set enforceable maximum wholesale and retail fuel prices, stops misleading pump‑price displays, requires large deliveries to be volume‑corrected to 15°C with supporting paperwork, and enables the Commissioner to compel pricing information from suppliers. It mainly affects wholesalers, retailers, service stations, large fuel purchasers and drivers in the ACT.\n\nIt matters because it protects consumers from gouging and deceptive pricing, ensures fair measurement of fuel sold, and increases market transparency."}},"importantCases":[],"_links":{"self":"/api/acts/fair-trading-fuel-prices-act-1993","history":"/api/acts/fair-trading-fuel-prices-act-1993/history","analysis":"/api/acts/fair-trading-fuel-prices-act-1993/analysis","conflicts":"/api/acts/fair-trading-fuel-prices-act-1993/conflicts","importantCases":"/api/acts/fair-trading-fuel-prices-act-1993/important-cases","documents":"/api/acts/fair-trading-fuel-prices-act-1993/documents"}}