{"id":"fuel-energy-and-power-resources-state-of-emergency-regulations-no-2-2026","name":"Fuel, Energy and Power Resources (State of Emergency) Regulations (No. 2) 2026","slug":"fuel-energy-and-power-resources-state-of-emergency-regulations-no-2-2026","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":445949,"registerId":"wa-fuel-energy-and-power-resources-state-of-emergency-regulations-no-2-2026-current","compilationNumber":null,"startDate":"2026-04-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Citation","content":"1.Citation\n\nThese regulations are the Fuel, Energy and Power Resources (State of Emergency) Regulations (No. 2) 2026.\n\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2.Commencement\n\nThese regulations come into operation on 1 May 2026.\n\nNote for this regulation:\n\nIn accordance with section 57(2) of the Act, these regulations continue in operation while either of the following subsists —\n\n(a)the state of emergency declared by the Fuel, Energy and Power Resources (Declaration of State of Emergency) Order 2026;\n\n(b)that state of emergency as renewed by the Fuel, Energy and Power Resources (Declaration of State of Emergency) Order (No. 2) 2026.\n\n[Regulation 2 amended: SL 2026/196 r. 6.]\n\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Terms used","content":"3.Terms used\n\n(1)In these regulations —\n\nCommissioner has the meaning given in the Petroleum Products Pricing Act 1983 section 3(1);\n\nFuelWatch website means the website at <www.fuelwatch.wa.gov.au>;\n\nkind of motor fuel has the meaning given in the Petroleum Products Pricing Act 1983 section 22H(1);\n\nMinister means the Minister for Energy and Decarbonisation;\n\nretail sale does not include an exempt sale as defined in the Petroleum Products Pricing Act 1983 section 22H.\n\n(2)For the purposes of these regulations, a reference to a person having, at a particular place, no more stock for retail sale of a particular kind of motor fuel at that place includes the person having, at that place, insufficient stock for retail sale of that kind of motor fuel at that place.\n\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Stock notifications","content":"4.Stock notifications\n\n(1)This regulation applies if a person stops offering for retail sale a particular kind of motor fuel at a particular place because the person has, at that place, no more stock for retail sale of that kind of motor fuel at that place.\n\n(2)The person must, as soon as reasonably practicable after the person stops offering for retail sale that kind of motor fuel at that place, give the Commissioner a notification, in accordance with regulation 5, that contains the following information —\n\n(d)a statement that the person has, at that place, no more stock for retail sale of that kind of motor fuel at that place.\n\n(3)The person must, as soon as reasonably practicable after the person restarts offering for retail sale that kind of motor fuel at that place, give the Commissioner a notification, in accordance with regulation 5, that contains the following information —\n\n(d)a statement that the person has, at that place, stock for retail sale of that kind of motor fuel at that place;\n\n(e)a statement that the person has restarted offering for retail sale that kind of motor fuel at that place.\n\n(4)Subregulation (3) does not apply if, before the person restarts offering for retail sale that kind of motor fuel at that place, the person gives the Commissioner a notification, in accordance with regulation 5, that contains the following information —\n\n(d)a statement that the person has or will have, at that place, stock for retail sale of that kind of motor fuel at that place;\n\n(e)the date and time when the person will restart offering for retail sale that kind of motor fuel at that place.\n\n","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Manner for giving notification","content":"5.Manner for giving notification\n\n(1)A notification under regulation 4 must be given —\n\n(a)by using the FuelWatch website; or\n\n(b)in a manner in which an order (if any) under subregulation (2) provides the notification can be given.\n\n(2)The Minister may make an order that provides the manner in which a notification can be given.\n\n","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Minister may exempt person from notification requirement","content":"6.Minister may exempt person from notification requirement\n\n(1)If the Minister is of the opinion that it is just and reasonable to do so, the Minister may give a written direction to a person stating that the person is not required to comply with the requirements in regulation 4(2) and (3).\n\n(2)Regulation 4(2) and (3) do not apply to a person if —\n\n(a)the Minister gives a direction to the person under subregulation (1); and\n\n(b)the direction has not been revoked.\n\n","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Giving, disclosure or use of information","content":"7.Giving, disclosure or use of information\n\n(1)In this regulation —\n\nauthorised purposes means the purposes of —\n\n(a)providing or securing supplies and services required by the community, or any substantial portion of the community; or\n\n(b)preventing supplies or services being disposed of in a manner prejudicial to the attainment of the objects of Part III of the Act; or\n\n(c)ensuring that the whole resources of the community are available for use, and are used, in a manner best calculated to serve the interests of the community;\n\ninformation user means any of the following —\n\n(a)a Minister of the Crown;\n\n(b)the Commissioner;\n\n(c)an authority, department, instrumentality, person or body that is carrying out the administration of the Act under section 42 of the Act.\n\n(2)A person who gives a notification under regulation 4 is authorised to give the information in the notification to the Commissioner.\n\n(3)For, and only for, authorised purposes, the Commissioner is authorised to disclose any or all of the information to the public by publishing it —\n\n(a)on the FuelWatch website; or\n\n(b)in any other way that the Commissioner considers appropriate.\n\n(4)An information user is authorised to use or disclose any or all of the information for authorised purposes and, to the extent that the information is not disclosed to the public under subregulation (3), only for authorised purposes.\n\n(5)An information user is not authorised under subregulation (4) to disclose information to the public.\n\n(6)Without limiting subregulation (4), an information user is authorised to disclose information under that subregulation to a national body or to an agency or authority of another State or a Territory.\n\n(7)If a giving, disclosure or use of information is authorised under this regulation —\n\n(a)no civil or criminal liability is incurred in respect of the giving, disclosure or use; and\n\n(b)the giving, disclosure or use is not to be regarded as —\n\n(i)a breach of any duty of confidentiality or secrecy imposed by law; or\n\n(ii)a breach of professional ethics or standards or any principles of conduct applicable to a person’s employment; or\n\n(iii)unprofessional conduct.\n\n","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Transitional provision for persons out of stock at beginning of 1 May 2026","content":"8.Transitional provision for persons out of stock at beginning of 1 May 2026\n\n(1)Subregulation (2) applies if —\n\n(a)during April 2026, a person stopped offering for retail sale a particular kind of motor fuel at a particular place because the person had, at that place, no more stock for retail sale of that kind of motor fuel at that place; and\n\n(b)at the beginning of 1 May 2026, the person still does not have, at that place, stock for retail sale of that kind of motor fuel at that place.\n\n(2)Regulation 4 applies to the person as if at the beginning of 1 May 2026 the person stopped offering for retail sale that kind of motor fuel at that place because the person had, at that place, no more stock for retail sale of that kind of motor fuel at that place.\n\n![](02000002.jpg?OpenElement \"\")\n\n \n\nNotes\n\nThis is a compilation of the Fuel, Energy and Power Resources (State of Emergency) Regulations (No. 2) 2026 and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.\n\nCompilation table\n\n| Citation | Published | Commencement |\n| --- | --- | --- |\n| Fuel, Energy and Power Resources (State of Emergency) Regulations (No. 2) 2026 | SL 2026/56 30 Apr 2026 | 1 May 2026 (see r. 2) |\n| Fuel, Energy and Power Resources Regulations Amendment (State of Emergency) Regulations 2026 Pt. 3 | SL 2026/196 16 Sep 2026 | 30 Sep 2026 (see r. 2(b)) |\n|  |  |  |\n\n \n\nDefined terms\n\n \n\n[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]\n\nDefined termProvision(s)\n\nauthorised purposes7(1)\n\nCommissioner3(1)\n\nFuelWatch website3\n\ninformation user7(1)\n\nkind of motor fuel3(1)\n\nMinister3(1)\n\nretail sale3(1)\n\n \n\n \n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2026.\n\nBy Authority: ANDREW JONES, Government Printer","sortOrder":7}],"analysis":{"flash_summary":{"_sourceCoverage":{"mode":"whole_source","sourceChars":9050,"sourceSha256":"bd7e20607136d4961fb9f9677a083a8cabcfa20ed2b32d768b2d64d561c56fa3","suppliedChars":9050},"complexity_score":5,"scope_assessment":{"changed":false,"description":"The supplied compilation shows an amendment to regulation 2 concerning how long the regulations continue during the stated emergency, but no significant expansion of the stock-notification scheme. The original purpose is not separately explained in the supplied text, so this assessment is limited to comparing the regulation text and compilation information provided."},"complexity_factors":["Seven defined terms are listed in regulation 3 and regulation 7; several depend on definitions or provisions in other Acts.","Regulation 4 has separate notification rules for running out of stock, restarting sales, and notifying in advance of a restart.","The obligations depend on conditions including the reason sales stop, the particular fuel and location, and whether the seller has sufficient stock.","Regulation 7 distinguishes public disclosure from other use or disclosure, and limits those activities to defined authorised purposes.","The transition rule in regulation 8 applies only to specified circumstances involving a stock shortage during April 2026 that continues at the start of 1 May."],"plain_english_summary":"**These Western Australian regulations require fuel sellers to notify the Commissioner when they stop selling a type of motor fuel at a location because stock is unavailable, and when sales resume or are expected to resume.** Notifications are generally made through FuelWatch, and the Commissioner may publish information for specified emergency-related purposes.\n\nThe rules also allow ministerial exemptions, permit specified sharing and use of the information, and set a transition rule for sellers already out of stock on 1 May 2026. This is general legal information, not legal advice; Zoe can make mistakes, and a qualified Australian lawyer should check it before you act on or rely on it."}},"importantCases":[],"_links":{"self":"/api/acts/fuel-energy-and-power-resources-state-of-emergency-regulations-no-2-2026","history":"/api/acts/fuel-energy-and-power-resources-state-of-emergency-regulations-no-2-2026/history","analysis":"/api/acts/fuel-energy-and-power-resources-state-of-emergency-regulations-no-2-2026/analysis","conflicts":"/api/acts/fuel-energy-and-power-resources-state-of-emergency-regulations-no-2-2026/conflicts","importantCases":"/api/acts/fuel-energy-and-power-resources-state-of-emergency-regulations-no-2-2026/important-cases","documents":"/api/acts/fuel-energy-and-power-resources-state-of-emergency-regulations-no-2-2026/documents"}}