{"id":"fuel-emergency-act-1977","name":"Fuel Emergency Act 1977","slug":"fuel-emergency-act-1977","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173484,"registerId":"vic-fuel-emergency-act-1977-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Fuel Emergency Act 1977","content":"Version No. 015\n\n**Fuel Emergency Act 1977**\n\n**No. 8976 of 1977**\n\nVersion incorporating amendments as at  \n27 September 2012\n\n**table of provisions**\n\n*Section Page*\n\n1 Short title and commencement 1\n\n2 Definitions 1\n\n3 Proclamation of a state of emergency in relation to a kind of fuel 2\n\n4 Powers of Minister during period of emergency 3\n\n5 Compliance with directions etc. of Minister 5\n\n6 Delegation of powers and functions by Minister 5\n\n7 Application and operation of directions etc. 6\n\n8 Provision for compensation to persons complying with directions 6\n\n9 Offences 7\n\n10 Appropriation 7\n\n11 Corporations Act displacement 8\n\nENDNOTES 9\n\n1. General Information 9\n\n2. Table of Amendments 10\n\n3. Explanatory Details 11\n\n**Version No.** **015**\n\n**Fuel Emergency Act 1977**\n\n**No. 8976 of 1977**\n\nVersion incorporating amendments as at  \n27 September 2012\n\nAn Act to make Provision with respect to the Production, Supply, Distribution, Sale, Use and Consumption of Fuel during a State of Emergency, to amend the **Essential Services Act 1958** 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 **Fuel Emergency Act 1977**.\n\n(2) This Act shall come into operation on the day upon which it receives the Royal Assent.\n\n\t2 Definitions\n\nIn this Act, unless inconsistent with the context or subject-matter—\n\n***Minister*** means the Minister (including the Premier of Victoria) for the time being designated by the Premier of Victoria as the Minister for any purpose under this Act;\n\n***period of emergency*** means the time during which any proclamation of a state of emergency made under this Act in relation to a fuel is in force;\n\n***services*** means anything done or necessary or expedient to be done for or with respect to the production supply distribution or sale of fuel.\n\n\t3 Proclamation of a state of emergency in relation to a kind of fuel\n\ns. 3\n\nS. 3(1) amended by No. 33/2005 s. 6(a).\n\n(1) Where at any time it appears to the Governor in Council that any action has been taken or is immediately threatened by any person or body of persons or an event has occurred or is about to occur whereby any kind of fuel is or is likely to become unavailable to meet the reasonable requirements of the community and that a state of emergency exists or is likely to exist in relation to that fuel the Governor in Council may by proclamation published in the Government Gazette declare that a state of emergency exists in relation to that fuel.\n\n(2) Any such proclamation in relation to any fuel may be limited therein as to time place and circumstance.\n\nS. 3(3) amended by No. 33/2005 s. 6(b).\n\n(3) No such proclamation shall be in force for more than 3 months, without prejudice to the issue of another proclamation of emergency before at or after the end of that period.\n\n(4) Any such proclamation may be revoked—\n\n(a) by a proclamation of the Governor in Council published in the Government Gazette; or\n\n(b) by a resolution passed by either House of the Parliament.\n\n(5) If—\n\n(a) at the time of the publication in the Government Gazette of any proclamation of emergency Parliament is not sitting; and\n\n(b) a petition signed by not less than twenty members of the Legislative Assembly or by not less than thirty members of Parliament all or any of whom are members of the Legislative Council objecting to such proclamation and requesting that Parliament should be summoned is addressed to the Speaker of the Legislative Assembly or the President of the Legislative Council—\n\nParliament shall be summoned to meet as soon as practicable thereafter.\n\n\t4 Powers of Minister during period of emergency\n\ns. 4\n\n(1) During a period of emergency the Minister may in relation to the production supply distribution sale use or consumption of the fuel to which the period of emergency relates provide operate control regulate and direct any service (whether by way of continuation or modification of, or substitution for, any service theretofore provided).\n\n(2) The Minister may employ at not less than award rates such persons in such numbers and upon such terms as appear to him to be necessary for the carrying into effect of the powers referred to in the last preceding subsection.\n\n(3) Without limiting the generality of the foregoing provisions of this section the Minister may by notice in writing in relation to a fuel in respect of which a period of emergency is in force—\n\n(a) give such directions as are necessary to control direct restrict or prohibit the production supply distribution sale use or consumption of the fuel;\n\n(b) direct a person who extracts produces transports or distributes the fuel to extract it for or produce it transport or distribute it to a person specified in the direction;\n\n(c) direct a person to comply with such terms and conditions as the Minister determines relating to the extracting production supply distribution sale use or consumption of the fuel;\n\n(d) direct that a person to whom that fuel is provided or transported accept the fuel so provided or transported;\n\n(e) direct what services shall be maintained and upon what terms and conditions they shall operate;\n\n(f) direct persons and bodies to operate and maintain services to the extent and upon the terms specified in the direction;\n\n(g) direct at what times and places and upon what terms and conditions and in what manner services may be used or availed of;\n\n(h) prohibit the operation or use of services except, if so specified in the prohibition, with the consent of the Minister;\n\ns. 4\n\n(i) requisition the use of property of any kind which is used or may be used for or in connexion with the operation or maintenance of any service;\n\n(j) provide for or control, by direction prohibition or requisition, the operation use disposal distribution storage repair upkeep and maintenance of any property or commodity used or which may be used for or in connexion with any service;\n\n(k) by notice in writing authorize a person specified in the notice to enter any land building or structure used for or in connexion with the provision of services;\n\n(l) provide, by direction prohibition or requisition, for any matter or thing incidental to the carrying into effect of the powers referred to in this section.\n\n\t5 Compliance with directions etc. of Minister\n\ns. 5\n\n(1) Every body and every person to which or to whom any direction prohibition or requisition is addressed or directed under this Act shall comply with such direction prohibition or requisition.\n\n(2) Such a direction prohibition or requisition may be addressed or directed to bodies and persons generally or particularly, in writing or verbally, by publication or advertisement or by any other means or in any other manner which appear or appears to the Minister to be practicable appropriate or expedient in the circumstances.\n\n\t6 Delegation of powers and functions by Minister\n\n(1) The Minister may in relation to any matter or class of matters or in relation to any part of Victoria by writing under his hand delegate all or any of his powers and functions under this Act (except this power of delegation) so that the delegated powers or functions may be exercised by the delegate with respect to the matters or class of matters or part of Victoria specified in the instrument of delegation.\n\n(2) Every delegation under this section shall be revocable at will and no delegation shall prevent the exercise of any power or function by the Minister.\n\n\t7 Application and operation of directions etc.\n\ns. 7\n\n(1) Any direction prohibition or requisition under this Act—\n\n(a) may be made so as to apply to or have operation throughout the whole or any part of Victoria;\n\n(b) may subject to this Act be made so as to operate for any period or periods or for any time or times or for any occasion or occasions specified therein;\n\n(c) may be of general operation or of specially limited operation according to time place circumstances conditions or restrictions;\n\n(d) may be revoked by the Minister or by a resolution passed by either House of Parliament; and\n\n(e) shall have effect as if enacted in this Act.\n\n(2) The expiry or revocation of any direction prohibition or requisition under this Act shall not be deemed to have affected the previous operation thereof or the validity of any action taken thereunder or any penalty or punishment incurred in respect of any contravention of or failure to comply therewith or any proceeding or remedy in respect of any such penalty or punishment.\n\n\t8 Provision for compensation to persons complying with directions\n\n(1) Any person or body of persons who or which as the result of compliance with any direction prohibition or requisition addressed or directed under this Act to him or it or while complying with or being engaged in the carrying into effect of any such direction prohibition or requisition suffers loss damage or injury for which he is not otherwise indemnified shall be entitled to compensation under this Act.\n\n(2) Every claim for compensation under this Act shall be made in a form and within a time approved by the Governor in Council.\n\nS. 8(3) amended by Nos 16/1986  \ns. 30(Sch.), 50/2011 s. 46(Sch. item 7.1).\n\n(3) In default of agreement as to the amount of compensation between the Minister and the claimant the Minister shall direct that the matter be referred to arbitration before a sole arbitrator who shall, where the claim is for an amount greater than $1000, be a County Court judge nominated by the Governor in Council and in any other case be a magistrate so nominated.\n\nS. 8(4) amended by Nos 10167 s. 3(1)(Sch. 1), 50/2011 s. 46(Sch. item 7.2).\n\n(4) Save as aforesaid the provisions of the **Commercial Arbitration Act 2011** shall apply with respect to such arbitration and the Minister's direction shall be deemed to be the arbitration agreement under the said Act and the Minister and the claimant shall be deemed to be the parties thereto.\n\n\t9 Offences\n\ns. 9\n\n(1) Any person or body who or which contravenes or fails to comply with any direction prohibition or requisition or any regulation under this Act shall be guilty of an offence against this Act.\n\nS. 9(2) amended by No. 9554 s. 2(2)(Sch. 2 item 94).\n\n(2) Every person or body who or which is guilty of an offence against this Act shall where no other penalty is expressly provided be liable to a penalty of not more than 50 penalty units.\n\n\t10 Appropriation\n\nAny sums required to be paid or provided for the purposes of this Act shall be paid out of the Consolidated Fund (which is hereby to the necessary extent appropriated accordingly).\n\nS. 11  \nrepealed by No. 9863 s. 2(Sch.), new s. 11 inserted by No. 51/2012 s. 9.\n\n\t11 Corporations Act displacement\n\nThis Act is declared to be a Corporations legislation displacement provision for the purposes of section 5G of the Corporations Act in relation to the provisions of Chapter 2D and Chapter 5 of that Act.\n\ns. 11\n\n**Note**\n\nSection 5G of the Corporations Act provides that if a State law declares a provision of a State law to be a Corporations legislation displacement provision, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not apply to the extent necessary to avoid the inconsistency.\n\n\n\nENDNOTES\n\nEndnotes\n\n1. General Information\n\n\nThe **Fuel Emergency Act 1977** was assented to on 3 May 1977 and came into operation on 3 May 1977: section 1(2).\n\n1. Table of Amendments\n\n\nEndnotes\n\nThis Version incorporates amendments made to the **Fuel Emergency Act 1977** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Penalties and Sentences Act 1981, No. 9554/1981**\n\n| Assent Date: | 19.5.81 |\n| --- | --- |\n| Commencement Date: | S. 2(2)(Sch. 2 item 94) on 1.9.81: Government Gazette 26.8.81 p. 2799 |\n| Current State: | This information relates only to the provisions amending the **Fuel Emergency Act 1977** |\n\n\n**Statute Law Revision (Repeals) Act 1982, No. 9863/1982**\n\n| Assent Date: | 5.1.83 |\n| --- | --- |\n| Commencement Date: | 5.1.83 |\n| Current State: | All of Act in operation |\n\n\n**Commercial Arbitration Act 1984, No. 10167/1984**\n\n| Assent Date: | 20.11.84 |\n| --- | --- |\n| Commencement Date: | 1.4.85: Government Gazette 20.2.85 p. 372 |\n| Current State: | All of Act in operation |\n\n\n**Courts Amendment Act 1986, No. 16/1986**\n\n| Assent Date: | 22.4.86 |\n| --- | --- |\n| Commencement Date: | S. 30(Sch.) on 1.7.86: Government Gazette 25.6.86 p. 2180 |\n| Current State: | This information relates only to the provisions amending the **Fuel Emergency Act 1977** |\n\n\n**Energy Legislation (Miscellaneous Amendments) Act 2005, No. 33/2005**\n\n| Assent Date: | 21.6.05 |\n| --- | --- |\n| Commencement Date: | S. 6 on 22.6.05: s. 2 |\n| Current State: | This information relates only to the provisions amending the **Fuel Emergency Act 1977** |\n\n\nCommercial Arbitration Act 2011, No. 50/2011\n\n| Assent Date: | 18.10.11 |\n| --- | --- |\n| Commencement Date: | S. 46(Sch. item 7) on 17.11.11: Special Gazette (No. 369) 15.11.11 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Fuel Emergency Act 1977** |\n\n\nEnergy Legislation Amendment Act 2012, No. 51/2012\n\n| Assent Date: | 18.9.12 |\n| --- | --- |\n| Commencement Date: | S. 9 on 27.9.12: Special Gazette (No. 324) 26.9.12 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Fuel Emergency Act 1977** |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n1. Explanatory Details\n\n\nEndnotes\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's operational scope has been changed by later amendments. Notably, section 11 (inserted by Energy Legislation Amendment Act 2012, No. 51/2012 s.9) declares the Act a Corporations legislation displacement provision (see note to s.11), altering its relationship with the Corporations Act. Earlier amendments updated the proclamation and emergency powers (s.3 amended by No. 33/2005 s.6), the arbitration/compensation regime (s.8 amended by Nos 16/1986 and 50/2011; reference to Commercial Arbitration Act), and penalties (s.9(2) amended by No. 9554). These changes expand legal interactions and enforcement pathways beyond the original 1977 text."},"complexity_factors":["Broad substantive powers vested in the Minister (s.4) — authority to control, regulate, direct, prohibit or requisition across production, supply, distribution, sale, use and related services.","Low-trigger, fact-based proclamation test (s.3(1)) — emergency can be proclaimed where it merely 'appears' fuel is or may become unavailable to meet 'reasonable requirements of the community', creating scope for executive judgment.","Temporal and geographic granularity plus renewals (s.3(2),(3)) — proclamations limited by time/place/circumstance but may be reissued; 3-month cap introduces renewal mechanics and operational discontinuities.","Multiple modes of notice and variable addressees (s.5(2)) — directions may be written, verbal, published or given by any other practicable means, and may be general or particular, increasing compliance uncertainty.","Wide property and entry powers (s.4(i),(j),(k)) — requisition of property, control of commodities, and authorisation to enter land/buildings used in services expand intrusion and collateral impacts on third parties.","Delegation and revocability (s.6) — Minister may delegate most powers by written instrument, but delegation is revocable at will and does not prevent Ministerial exercise, producing layered administrative responsibility.","Compensation and arbitration scheme (s.8(1)-(4)) — statutory entitlement to compensation for losses from compliance, prescribed claim form/time, arbitration where no agreement, and application of Commercial Arbitration Act rules.","Default penalty and enforcement (s.9(1)-(2)) — contraventions are offences with a default penalty (up to 50 penalty units) where no other penalty provided, implicating criminal/fiscal risk for non-compliance.","Retrospective protection for actions taken under directions (s.7(2)) — expiry or revocation of directions does not affect prior actions or penalties, preserving legal effect of past compliance/enforcement.","Interaction with federal corporations law (s.11) — declared to be a Corporations Act displacement provision (note to s.11 and s.5G), adding complexity to overlap/conflict analysis between State and Corporations legislation.","Parliamentary recall mechanism on proclamation (s.3(5)) — procedural rule allowing a sizeable petition to summon Parliament where proclamation published while Parliament not sitting, affecting political oversight dynamics."],"plain_english_summary":"The Act lets the Governor in Council declare a state of emergency for a particular kind of fuel if supply is or may become insufficient, and gives the Minister broad powers to control, direct, restrict or prohibit production, supply, distribution, sale, use and related services during that period. It affects fuel producers, transporters, retailers, property owners whose assets are used in fuel services, and end users, because it can requisition property, mandate supply directions, require compliance and impose penalties, while providing a statutory compensation and arbitration route."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Insufficient information is available in the provided extract to determine whether the scope of the Act changed from its original intent. The metadata confirms it remains in force and has been consolidated, but without access to amendment history or the substantive provisions, no meaningful comparison between original and current scope can be made."},"complexity_factors":["Insufficient legislative text provided — only metadata and version history are visible, preventing full complexity assessment","Emergency powers legislation of this era typically contains broad ministerial discretion, which adds interpretive complexity","Age of the Act (1977) means it may use outdated drafting conventions that require more careful interpretation","Consolidation history suggests amendments have been made over time, potentially layering additional complexity","The intersection of Commonwealth and State powers over fuel supply adds a constitutional dimension"],"plain_english_summary":"The Fuel Emergency Act 1977 (Victoria), still in force and consolidated, creates emergency powers relating to fuel supply and distribution. \n\nIt matters because—if used—those powers could let authorities control, ration or direct fuel availability, affecting businesses, fuel retailers, transport operators and the general public during a declared fuel emergency."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act remains tightly focused on its original purpose: emergency fuel supply management. The 2012 amendment adding section 11 (Corporations Act displacement) was a technical update to preserve the Act's operation against federal corporations law, not an expansion of substantive scope. No mission creep detected."},"complexity_factors":["Short statute: only 11 operative sections plus endnotes","Minimal defined terms: only 3 definitions in section 2 (Minister, period of emergency, services)","Straightforward conditional structure: single trigger (Governor in Council proclamation) activates all subsequent powers","No nested exceptions or complex cross-referencing within the Act itself","Simple delegation mechanism in section 6 with standard 'revocable at will' clause","Some external references: incorporates Commercial Arbitration Act 2011 for compensation disputes, and Corporations Act displacement provision (section 11) added in 2012","Plain English drafting style typical of 1970s Victorian statutes—broad grants of power expressed in simple terms rather than technical regulatory detail"],"plain_english_summary":"This law gives the Victorian Government extraordinary powers to take control of fuel supplies during a crisis. Here's what it does:\n\n**The big picture**\nIf fuel (petrol, diesel, etc.) becomes scarce or unavailable—whether due to strikes, natural disasters, wars, or supply chain collapses—the Governor in Council (the Premier and senior ministers) can declare a \"state of emergency\" for up to 3 months at a time. Once declared, the designated Minister gets sweeping authority to commandeer the entire fuel industry.\n\n**What powers does the Minister get?**\nDuring an emergency, the Minister can:\n- **Direct fuel companies** where to extract, produce, transport, or sell fuel, and to whom\n- **Control prices and terms** of fuel sales and distribution\n- **Requisition private property**—meaning force businesses or individuals to hand over vehicles, equipment, storage facilities, or infrastructure needed for fuel supply\n- **Enter private land and buildings** without consent to inspect or take control of fuel operations\n- **Prohibit or restrict** how fuel is used, when it can be sold, and who can buy it\n- **Employ people directly** at award wages to keep fuel flowing\n- **Override normal commercial contracts** and direct that fuel must be accepted or supplied despite existing agreements\n\n**Who must comply?**\nEveryone. The Minister can issue directions to specific companies or to the public generally, verbally or in writing, by advertisement or any other means. Refusal to comply is a criminal offence punishable by fines (up to 50 penalty units).\n\n**Compensation**\nIf you suffer loss because the government forced you to comply—for example, if your business was requisitioned or you had to break a profitable contract—you can claim compensation. Disputes go to arbitration (a private judge-like process), with County Court judges handling big claims (over $1,000) and magistrates handling smaller ones.\n\n**Checks and balances**\n- Parliament can revoke the emergency by resolution\n- If Parliament isn't sitting, 20 MPs in the Lower House or 30 MPs overall can petition to force Parliament to convene\n- Proclamations expire after 3 months (but can be renewed)\n\n**Why it matters**\nThis is a \"break glass in case of emergency\" law. It essentially suspends normal commercial and property rights to prevent economic paralysis if fuel runs out. It hasn't been used often, but sits ready for scenarios like oil embargoes, refinery disasters, or severe transport strikes."}},"importantCases":[],"_links":{"self":"/api/acts/fuel-emergency-act-1977","history":"/api/acts/fuel-emergency-act-1977/history","analysis":"/api/acts/fuel-emergency-act-1977/analysis","conflicts":"/api/acts/fuel-emergency-act-1977/conflicts","importantCases":"/api/acts/fuel-emergency-act-1977/important-cases","documents":"/api/acts/fuel-emergency-act-1977/documents"}}