{"id":"C2004A05257","name":"Fuel Sale (Penalty Surcharge) Act 1997","slug":"fuel-sale-penalty-surcharge-act-1997","collection":"act","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":"164 of 1997","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":51816,"registerId":"commonwealth-C2004A05257-current","compilationNumber":null,"startDate":"2026-04-02","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title [see Note 1]","content":"#### 1 Short title \\[see Note 1\\]\n\n  This Act may be cited as the Fuel Sale (Penalty Surcharge) Act 1997.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement [see Note 1]","content":"#### 2 Commencement \\[see Note 1\\]\n\n  This Act commences on the commencement of the Excise Tariff (Fuel Rates Amendments) Act 1997.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n  (1) In this Act:\n\n> Administration Act means the Fuel (Penalty Surcharges) Administration Act 1997.\n\n  (2) Expressions used in this Act that are defined for the purposes of the Administration Act have the same meaning as in the Administration Act.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Coverage of Act and binding of Crown","content":"#### 4 Coverage of Act and binding of Crown\n\n  (1) This Act does not extend to any of the External Territories.\n  (2) This Act binds the Crown in all of its capacities other than the Crown in right of Norfolk Island.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Imposition of penalty surcharge","content":"#### 5 Imposition of penalty surcharge\n\n  (1) Penalty surcharge is imposed, after the commencement of this Act, on the sale of marked fuel for use in an internal combustion engine.\n  (2) A person is taken to have sold marked fuel for use in an internal combustion engine if the person effecting the sale failed to give the person acquiring ownership of the fuel a written notification in relation to that fuel as required by section 16 of the Administration Act.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"By whom is penalty surcharge payable?","content":"#### 6 By whom is penalty surcharge payable?\n\n  Penalty surcharge on the sale of marked fuel is payable by the person owning the fuel immediately before its sale.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Rate of penalty surcharge","content":"#### 7 Rate of penalty surcharge\n\n  The rate of penalty surcharge per litre of fuel on which the surcharge is imposed is twice the maximum diesel rate.","sortOrder":6}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-batch","completionTokens":2809},"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is the original 1997 Act establishing a targeted penalty regime for marked fuel sales documentation failures; no expansion beyond this original compliance enforcement purpose is evident."},"complexity_factors":["Very short statute (only 7 sections)","Relies on definitions contained in separate Administration Act","Contains legal fiction ('deemed sale') in section 5(2) that creates liability by default","Rate calculation references external variable ('maximum diesel rate')","Specific Crown binding exceptions (Norfolk Island carve-out)"],"plain_english_summary":"The Act creates a financial penalty surcharge on sellers who fail to give the required written warning when selling marked (dyed) off‑road fuel, deeming the sale as fuel for engine use. Liability falls on the person who owned the fuel immediately before sale (usually the seller), set at twice the maximum diesel excise per litre, and applies across Australia except for External Territories and the Crown in right of Norfolk Island."}},"importantCases":[],"_links":{"self":"/api/acts/fuel-sale-penalty-surcharge-act-1997","history":"/api/acts/fuel-sale-penalty-surcharge-act-1997/history","analysis":"/api/acts/fuel-sale-penalty-surcharge-act-1997/analysis","conflicts":"/api/acts/fuel-sale-penalty-surcharge-act-1997/conflicts","importantCases":"/api/acts/fuel-sale-penalty-surcharge-act-1997/important-cases","documents":"/api/acts/fuel-sale-penalty-surcharge-act-1997/documents"}}