{"id":"a-2019-11","name":"Fuels Rationing Act 2019","slug":"fuels-rationing-act-2019","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"11 of 2019","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23614,"registerId":"act-a-2019-11-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Fuels Rationing Act 2019","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nFuels Rationing Act 2019\nA2019-11\nRepublication No 5\nEffective: 12 October 2021\nRepublication date: 12 October 2021\nLast amendment made by A2020-47\n(republication for expiry of transitional provisions (pt 10))\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 Fuels Rationing Act 2019 (including any amendment made under\nthe Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 12 October 2021. It also\nincludes any commencement, amendment, repeal or expiry affecting this republished law to\n12 October 2021.\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\nR4\n12/10/20\nFuels Rationing Act 2019\nEffective: 12/10/20\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nFuels Rationing Act 2019\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n3 Dictionary 2\n4 Notes 2\n5 Offences against Act—application of Criminal Code etc 3\nPart 2 Fuel restriction scheme\n6 Meaning of fuel 4\n7 Meaning of use 6\n8 Approved fuel restriction scheme 6\n9 Scope of fuel restriction scheme 7\n10 Fuel seller must give notice 8\n\nContents\nPage\ncontents 2 Fuels Rationing Act 2019\nEffective: 12/10/20\nR4\n12/10/20\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n11 Declaration of fuel restriction 9\n12 Publication of fuel restriction 11\n13 Fuel restriction signage 11\n14 Extension of fuel restriction 12\n15 Fuel restriction—limit on proceedings 13\n16 Application of Act to emergency services and police 14\nPart 3 Enforcement\nDivision 3.1 Fuel restriction offences\n17 Definitions—pt 3 15\n18 Contravening fuel restriction 15\n19 Inspector may require information 16\n20 Directions by inspector 16\n21 Offence—contravene direction of inspector 17\n22 Ending unauthorised use of fuel 18\nDivision 3.2 Inspectors\nSubdivision 3.2.1 General\n23 Definitions—div 3.2 19\n24 Inspector must show identity card on exercising power 19\nSubdivision 3.2.2 Powers\n25 Power to enter premises 20\n26 Production of identity card 21\n27 Consent to entry 21\n28 General powers on entry to premises 23\n29 Power to seize things 23\n30 Direction to give name and address 24\n31 Offence—fail to comply with direction to give name and address etc 26\nSubdivision 3.2.3 Search warrants\n32 Warrants generally 27\n33 Warrants—application other than in person 28\n34 Search warrants—announcement before entry 29\n35 Details of search warrant to be given to occupier etc 30\n36 Occupier entitled to be present during search etc 30\n\nContents\nPage\nR4\n12/10/20\nFuels Rationing Act 2019\nEffective: 12/10/20\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSubdivision 3.2.4 Return and forfeiture of things seized\n37 Receipt for things seized 31\n38 Moving things to another place for examination or processing under\nsearch warrant 31\n39 Access to things seized 32\n40 Return of things seized 33\nSubdivision 3.2.5 Miscellaneous\n41 Damage etc to be minimised 33\n42 Compensation for exercise of enforcement powers 34\n43 Protection from liability 34\nPart 4 Miscellaneous\n44 Regulation-making power 35\nDictionary 36\nEndnotes\n1 About the endnotes 38\n2 Abbreviation key 38\n3 Legislation history 39\n4 Amendment history 40\n5 Earlier republications 41\n6 Expired transitional or validating provisions 41\n\n\n\nR4\n12/10/20\nFuels Rationing Act 2019\nEffective: 12/10/20\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nFuels Rationing Act 2019\nAn Act for the rationing and restriction of fuels, and for other purposes\n\nPart 1 Preliminary\nSection 1\npage 2 Fuels Rationing Act 2019\nEffective: 12/10/20\nR4\n12/10/20\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 Fuels Rationing Act 2019.\n3 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, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act.\nFor example, the signpost definition ‘inspector, for part 3\n(Enforcement)—see section 17.’ means that the term ‘inspector’ is\ndefined in that section for part 3.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n4 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\nPreliminary Part 1\nSection 5\nR4\n12/10/20\nFuels Rationing Act 2019\nEffective: 12/10/20\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\nPart 2 Fuel restriction scheme\nSection 6\npage 4 Fuels Rationing Act 2019\nEffective: 12/10/20\nR4\n12/10/20\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Fuel restriction scheme\n6 Meaning of fuel\n(1) In this Act:\nfuel means—\n(a) petroleum; or\n(b) a petroleum product; or\n(c) a petrochemical; or\n(d) any other fuel manufactured for use in an internal combustion\nengine; or\n(e) hydrogen; or\n(f) anything else prescribed by regulation.\nExamples—par (a)\n• compressed natural gas\n• liquefied natural gas\nExamples—par (b)\n• E10 petrol\n• leaded petrol\n• liquefied petroleum gas\n• unleaded petrol\nExample—par (c)\ndiesel\nExamples—par (d)\n• biodiesel\n• ethanol fuel\n\nFuel restriction scheme Part 2\nSection 6\nR4\n12/10/20\nFuels Rationing Act 2019\nEffective: 12/10/20\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) In this section:\npetrochemical means a substance, whether in a gaseous, liquid or\nsolid state, but not being a petroleum product, manufactured from any\nof, or from a mixture of any of, the following substances:\n(a) petroleum;\n(b) a petroleum product;\n(c) a petroliferous mineral.\npetroleum means—\n(a) any naturally occurring hydrocarbon, whether in a gaseous,\nliquid or solid state; or\n(b) any naturally occurring mixture of hydrocarbons, whether in a\ngaseous, liquid or solid state; or\n(c) any naturally occurring mixture of a hydrocarbon or\nhydrocarbons, whether in a gaseous, liquid or solid state, and\n1 or more of the following:\n(i) hydrogen sulphide;\n(ii) nitrogen;\n(iii) helium;\n(iv) carbon dioxide.\npetroleum product means—\n(a) any hydrocarbon or mixture of hydrocarbons produced by\nsubjecting petroleum to a process of refining or produced from\npetroliferous minerals; or\n(b) any mixture of a hydrocarbon produced with another substance.\n\nPart 2 Fuel restriction scheme\nSection 7\npage 6 Fuels Rationing Act 2019\nEffective: 12/10/20\nR4\n12/10/20\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n7 Meaning of use\n(1) In this Act:\nuse, of a fuel, includes the following:\n(a) buy;\n(b) sell;\n(c) hold;\n(d) distribute.\n(2) In this section:\nbuy includes—\n(a) buy by wholesale, retail, auction or tender; and\n(b) obtain by barter or exchange.\nsell includes—\n(a) sell by wholesale, retail, auction or tender; and\n(b) barter or exchange; and\n(c) supply for profit or other commercial gain; and\n(d) offer for sale, receive for sale or expose for sale; and\n(e) have in possession for sale.\n8 Approved fuel restriction scheme\n(1) The Minister may approve a scheme to restrict the use of fuels to deal\nwith a shortage or likely shortage of fuel (an approved fuel restriction\nscheme).\n(2) In approving a scheme, the Minister must consider whether the\nscheme achieves 1 or more of the outcomes mentioned in\nsection 11 (1) (b).\n\nFuel restriction scheme Part 2\nSection 9\nR4\n12/10/20\nFuels Rationing Act 2019\nEffective: 12/10/20\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) An approved fuel restriction scheme is a disallowable instrument.\nNote 1 A disallowable instrument must be notified, and presented to the\nLegislative Assembly, under the Legislation Act.\nNote 2 The power to make an instrument includes the power to amend or repeal\nthe instrument. The power to amend or repeal the instrument is\nexercisable in the same way, and subject to the same conditions, as the\npower to make the instrument (see Legislation Act, s 46).\nNote 3 Power to make a statutory instrument (including an approved fuel\nrestriction scheme) includes power to make different provision in relation\nto different matters or different classes of matters, and to make an\ninstrument that applies differently by reference to stated exceptions or\nfactors (see Legislation Act, s 48).\n9 Scope of fuel restriction scheme\n(1) The Minister may approve a fuel restriction scheme under section 8\nonly if the scheme provides for—\n(a) the imposition of restrictions in different stages; and\n(b) a range of restrictions that may be imposed under each stage,\nincluding the following:\n(i) the amount or type of fuel to which the restrictions apply;\n(ii) the circumstances in which the restrictions apply;\n(iii) the class of buyers, sellers or other people to whom the\nrestrictions apply.\n\nPart 2 Fuel restriction scheme\nSection 10\npage 8 Fuels Rationing Act 2019\nEffective: 12/10/20\nR4\n12/10/20\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) An approved fuel restriction scheme may include provision for the\nMinister to exempt an entity from a fuel restriction if compliance with\nthe restriction would cause the entity or anyone else serious\ndetriment.\nExamples—serious detriment\n1 A medical waste disposal service requires fuel to transport the medical waste\nfor incineration and without an exemption the service would not be able to\nprovide its service and a serious public health risk may arise.\n2 A public bus service requires fuel to transport commuters who may have\nlimited use of their vehicles due to fuel restrictions. Without an exemption, the\nservice may not be able to provide buses which would severely disrupt the\nmovements of commuters.\n10 Fuel seller must give notice\n(1) A person who carries on a business of selling fuel (a fuel seller),\nwhether by wholesale or retail, must give the director-general a\nwritten notice stating—\n(a) the fuel seller’s name and email address; and\n(b) the address and telephone number of each place where the\nfuel seller carries on the business; and\n(c) the kinds of fuel that can be stored at each place; and\n(d) the quantity of each kind of fuel that can be stored at each place.\n(2) The fuel seller must give the notice not later than 14 days after the\nday the fuel seller starts to carry on the business.\n(3) If a fuel seller has given a notice under subsection (1), the fuel seller\nmust give the director-general a written notice of a change in any of\nthe particulars stated in the notice not later than 14 days after the day\nthe change happens.\n\nFuel restriction scheme Part 2\nSection 11\nR4\n12/10/20\nFuels Rationing Act 2019\nEffective: 12/10/20\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) If a fuel seller stops carrying on the business, the fuel seller must, not\nlater than 14 days after the day the fuel seller stops carrying on the\nbusiness, give the director-general a written notice stating—\n(a) that the fuel seller has stopped carrying on the business; and\n(b) the date the fuel seller stopped carrying on the business.\n(5) A fuel seller commits an offence if the fuel seller—\n(a) is required to give a notice to the director-general under this\nsection; and\n(b) does not give the notice in accordance with this section.\nMaximum penalty: 50 penalty units.\n(6) An offence against this section is a strict liability offence.\n11 Declaration of fuel restriction\n(1) The Minister may declare that a restriction under an approved fuel\nrestriction scheme is in force (a fuel restriction) if satisfied that—\n(a) there is a shortage, or likely shortage, of fuel; and\n(b) the declaration is necessary to—\n(i) facilitate, as far as practicable, the provision of efficient,\nreliable and sustainable fuel supplies to consumers; or\n(ii) protect the interest of consumers; or\n(iii) manage the safety and security of the fuel distribution\nchain; or\n(iv) protect public safety; or\n(v) comply with international agreements or commitments; or\n(vi) assist a State or another Territory in doing anything\nmentioned in subparagraphs (i) to (v).\nNote State includes the Northern Territory (see Legislation Act, dict, pt 1).\n\nPart 2 Fuel restriction scheme\nSection 11\npage 10 Fuels Rationing Act 2019\nEffective: 12/10/20\nR4\n12/10/20\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The declaration may state that the restriction applies in relation to 1 or\nmore of the following:\n(a) a stated class of people;\n(b) a stated amount or type of fuel;\n(c) a stated time or day;\n(d) any other stated circumstance.\n(3) The declaration must state the period (not longer than 3 months) the\nfuel restriction is in force.\n(4) However, if the Minister is satisfied there is no longer a shortage, or\nlikely shortage of fuel, the Minister must repeal the declaration.\n(5) A declaration is a notifiable instrument.\nNote 1 A notifiable instrument must be notified under the Legislation Act.\nNote 2 The power to make a declaration includes the power to amend or repeal\nthe declaration. The power to amend or repeal the declaration is\nexercisable in the same way, and subject to the same conditions, as the\npower to make the declaration (see Legislation Act, s 46).\nNote 3 Power to make a statutory instrument (including a declaration) includes\npower to make different provision in relation to different matters or\ndifferent classes of matters, and to make an instrument that applies\ndifferently by reference to stated exceptions or factors (see\nLegislation Act, s 48).\n(6) A declaration may provide for its commencement on or before the\ndeclaration’s notification day.\n(7) However—\n(a) a declaration may not provide for a commencement date or time\nthat would result in the declaration commencing before it is\nmade; and\n\nFuel restriction scheme Part 2\nSection 12\nR4\n12/10/20\nFuels Rationing Act 2019\nEffective: 12/10/20\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) a declaration may not commence before it is notified under the\nLegislation Act unless the Minister is satisfied that the\ncircumstances are of such seriousness and urgency that\ncommencement before notification is necessary.\n12 Publication of fuel restriction\n(1) As soon as possible after making a declaration under section 11 that\na fuel restriction is in force, the Minister must ensure that notice of\nthe restriction is—\n(a) broadcast in the ACT by television or radio; and\n(b) given in a public notice; and\n(c) given, in writing, to a fuel seller who—\n(i) has given a notice to the director-general under section 10;\nand\n(ii) is offering fuel for sale that is subject to the fuel restriction.\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).\n(2) A failure to comply with subsection (1) does not affect the validity of\nthe declaration.\n13 Fuel restriction signage\n(1) This section applies if a fuel seller is given notice of a fuel restriction\nunder section 12 (1) (c).\n(2) The fuel seller must ensure that a notice stating that a fuel restriction\nis in force (a fuel restriction notice) is displayed—\n(a) at the fuel seller’s business where fuel subject to the fuel\nrestriction is offered for sale; and\n\nPart 2 Fuel restriction scheme\nSection 14\npage 12 Fuels Rationing Act 2019\nEffective: 12/10/20\nR4\n12/10/20\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) in a place where the notice is reasonably visible to buyers of the\nfuel before the fuel is bought.\nExample\nat the bowser\nMaximum penalty: 50 penalty units.\n(3) An offence against this section is a strict liability offence.\n(4) A fuel restriction notice must—\n(a) state that—\n(i) a fuel restriction is in force; and\n(ii) penalties for noncompliance with the fuel restriction may\napply under this Act; and\n(iii) further information can be found on an ACT government\nwebsite; and\n(b) be at least A4 size.\n14 Extension of fuel restriction\n(1) The Minister may extend the period mentioned in section 11 (3) (the\ndeclaration period) for not more than 3 months.\n(2) An extension must not be made earlier than 1 month before the day\nthe declaration period ends.\n(3) The Minister may extend the period only if the Minister is satisfied\nthat a continuation of a shortage, or likely shortage of fuel, requires a\nfuel restriction to remain in force.\nExample\nA 3-month declaration of a fuel restriction is in force during a critical fuel shortage\nto ensure sustainable fuel use for the ACT. During the final month of the declaration\nperiod, the critical shortage still exists. The Minister is satisfied that the fuel\nrestriction is required to remain in force and extends the period.\n\nFuel restriction scheme Part 2\nSection 15\nR4\n12/10/20\nFuels Rationing Act 2019\nEffective: 12/10/20\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) However, if the Minister is satisfied there is no longer a shortage, or\nlikely shortage of fuel, the Minister must repeal the extension.\n(5) An extension is a notifiable instrument.\nNote A notifiable instrument must be notified under the Legislation Act.\n15 Fuel restriction—limit on proceedings\n(1) A person must not start a proceeding in a court challenging a decision\nunder any of the following provisions more than 30 days after the\ndecision is made:\n(a) section 8 (Approved fuel restriction scheme);\n(b) section 11 (Declaration of fuel restriction);\n(c) section 14 (Extension of fuel restriction).\n(2) If a proceeding in relation to a decision mentioned in subsection (1)\nis started within 30 days, the proceeding is not subject to an\ninterlocutory injunction in any court.\n\nPart 2 Fuel restriction scheme\nSection 16\npage 14 Fuels Rationing Act 2019\nEffective: 12/10/20\nR4\n12/10/20\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n16 Application of Act to emergency services and police\n(1) This Act does not apply to the exercise or purported exercise of a\nfunction by—\n(a) a relevant person under the Emergencies Act 2004 for the\npurpose of protecting life, property or the environment; or\n(b) a police officer for the purpose of protecting life or property.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including any regulation (see Legislation\nAct, s 104).\n(2) In this section:\nemergency controller—see the Emergencies Act 2004, dictionary.\nrelevant person means—\n(a) an emergency controller; or\n(b) a member of the ambulance service; or\n(c) a member of the fire and rescue service; or\n(d) a member of the rural fire service; or\n(e) a member of the SES; or\n(f) any other person under the control of—\n(i) an emergency controller; or\n(ii) the chief officer (ambulance service); or\n(iii) the chief officer (fire and rescue service); or\n(iv) the chief officer (rural fire service); or\n(v) the chief officer (SES); or\n(g) a police officer.\n\nEnforcement Part 3\nFuel restriction offences Division 3.1\nSection 17\nR4\n12/10/20\nFuels Rationing Act 2019\nEffective: 12/10/20\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Enforcement\nDivision 3.1 Fuel restriction offences\n17 Definitions—pt 3\nIn this part:\nidentity card means an identity card issued under the Dangerous\nSubstances Act 2004, section 208.\ninspector means an inspector under the Dangerous Substances\nAct 2004, section 207.\nNote An inspector includes a police officer (see Dangerous Substances\nAct 2004, s 207 (1)).\noccupier, of premises, includes—\n(a) a person believed on reasonable grounds to be an occupier of the\npremises; and\n(b) a person apparently in charge of the premises.\n18 Contravening fuel restriction\n(1) A fuel seller commits an offence if the fuel seller—\n(a) is notified of a fuel restriction under section 12 (1) (c); and\n(b) contravenes the fuel restriction.\nMaximum penalty: 50 penalty units.\n(2) A person other than a fuel seller commits an offence—\n(a) if notice of a fuel restriction is given under section 12 (1) (a)\nor (b); and\n(b) the person contravenes the fuel restriction.\nMaximum penalty: 50 penalty units.\n\nPart 3 Enforcement\nDivision 3.1 Fuel restriction offences\nSection 19\npage 16 Fuels Rationing Act 2019\nEffective: 12/10/20\nR4\n12/10/20\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) An offence against this section is a strict liability offence.\n19 Inspector may require information\n(1) This section applies if an inspector reasonably requires information\nfrom a person who is subject to a fuel restriction.\n(2) An inspector may require the person to give, in writing, to the\ninspector as soon as practicable (but not later than 14 days after the\nday the notice is given) the following information:\n(a) the types of fuel held by the person;\n(b) the quantity of a fuel held by the person;\n(c) the quantity of a fuel sold by the person during a stated period.\nNote For how documents may be given, see the Legislation Act, pt 19.5.\n(3) A requirement under subsection (2) must be in writing and—\n(a) identify the person to whom the notice is given; and\n(b) state why the information is required; and\n(c) set out the maximum penalty, on conviction, for a failure to\ncomply with the notice.\n(4) A person commits an offence if the person fails to comply with a\nrequirement under subsection (2).\nMaximum penalty: 50 penalty units.\n(5) An offence against this section is a strict liability offence.\n20 Directions by inspector\n(1) This section applies if an inspector believes on reasonable grounds\nthat—\n(a) fuel has been used, or is being used, on premises in\ncontravention of a fuel restriction; or\n\nEnforcement Part 3\nFuel restriction offences Division 3.1\nSection 21\nR4\n12/10/20\nFuels Rationing Act 2019\nEffective: 12/10/20\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) fuel has been used on premises in contravention of a fuel\nrestriction and that a further contravention is likely.\n(2) The inspector may give the occupier of the premises a written\ndirection to take action stated in the direction to ensure that fuel is\nused in accordance with the fuel restriction.\n(3) It is sufficient if the direction is addressed to ‘the occupier’ of the\npremises.\n(4) The direction must state—\n(a) a reasonable period within which the person must comply with\nthe direction; and\n(b) the penalty for failure to comply with the direction.\nNote For other ways in which the direction may be given, see the Legislation\nAct, pt 19.5.\n21 Offence—contravene direction of inspector\n(1) A person commits an offence if—\n(a) an inspector gives the person a direction under section 20; and\n(b) the person contravenes the direction.\nMaximum penalty: 50 penalty units.\n(2) An offence against this section is a strict liability offence.\n(3) This section does not apply if the person took all reasonable steps to\ncomply with the direction.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (3) (see Criminal Code, s 58).\n\nPart 3 Enforcement\nDivision 3.1 Fuel restriction offences\nSection 22\npage 18 Fuels Rationing Act 2019\nEffective: 12/10/20\nR4\n12/10/20\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n22 Ending unauthorised use of fuel\n(1) An inspector may arrange to stop the supply of fuel to premises if the\ninspector believes on reasonable grounds that a person is\ncontravening a direction under section 20.\n(2) An inspector may also arrange to stop the supply of fuel to premises\nif the inspector believes on reasonable grounds that—\n(a) fuel is being used on premises in contravention of a fuel\nrestriction; and\n(b) a direction under section 20 is unlikely to end the contravention\nbecause, for example—\n(i) the premises are unoccupied (whether temporarily or\npermanently); or\n(ii) after making reasonable inquiries, the inspector cannot find\nthe occupier of the premises; or\n(iii) the occupier is unlikely to comply with the direction; and\n(c) the contravention is likely to continue unless action is taken\nunder this section.\n(3) The inspector must give the occupier of the premises a written notice\nstating that the supply of fuel will be stopped.\n(4) It is sufficient if the notice is addressed to ‘the occupier’ of the\npremises.\nNote For other ways in which the notice may be given, see the Legislation Act,\npt 19.5.\n\nEnforcement Part 3\nInspectors Division 3.2\nSection 23\nR4\n12/10/20\nFuels Rationing Act 2019\nEffective: 12/10/20\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 3.2 Inspectors\nSubdivision 3.2.1 General\n23 Definitions—div 3.2\nIn this division:\nconnected—a thing is connected with an offence if—\n(a) the offence has been committed in relation to it; or\n(b) it will provide evidence of the commission of the offence; or\n(c) it was used, is being used, or is intended to be used, to commit\nthe offence.\noffence includes an offence that there are reasonable grounds for\nbelieving has been, is being, or will be, committed.\nwarrant means a warrant issued under subdivision 3.2.3 (Search\nwarrants).\n24 Inspector must show identity card on exercising power\n(1) If an inspector exercises a power under this Act that affects an\nindividual, the inspector must first show the inspector’s identity card\nto the individual.\n(2) If an inspector exercises a power under this Act that affects a person,\nother than an individual, the inspector must first show the inspector’s\nidentity card to an individual the inspector believes on reasonable\ngrounds is an employee, officer or agent of the person.\nExamples—person other than an individual\n• corporation\n• partnership\n\nPart 3 Enforcement\nDivision 3.2 Inspectors\nSection 25\npage 20 Fuels Rationing Act 2019\nEffective: 12/10/20\nR4\n12/10/20\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSubdivision 3.2.2 Powers\n25 Power to enter premises\n(1) For this Act, an inspector may—\n(a) at any reasonable time, enter premises that the public is entitled\nto use or that are open to the public (whether or not on payment\nof money); or\n(b) at any time, enter premises with the occupier’s consent; or\n(c) at any time, enter premises if the inspector believes on\nreasonable grounds that—\n(i) there is a risk to public safety; and\n(ii) the risk is so serious and urgent that immediate entry to the\npremises without the authority of a search warrant is\nnecessary; or\n(d) enter premises in accordance with a search warrant.\n(2) However—\n(a) subsection (1) (a) does not authorise entry into a part of the\npremises that is being used only for residential purposes; and\n(b) subsection (1) (c) does not authorise entry into premises that are\nused for residential purposes, unless the premises are also the\nplace from which a business subject to a fuel restriction is\nconducted.\n(3) An inspector may, without the consent of the occupier of premises,\nenter land around the premises to ask for consent to enter the\npremises.\n(4) To remove any doubt, an inspector may enter premises under\nsubsection (1) without payment of an entry fee or other charge.\n\nEnforcement Part 3\nInspectors Division 3.2\nSection 26\nR4\n12/10/20\nFuels Rationing Act 2019\nEffective: 12/10/20\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(5) An inspector may—\n(a) for subsection (1) (a), (b) or (c)—enter the premises with\nnecessary assistance; and\n(b) for subsection (1) (d)—enter the premises with necessary\nassistance and force.\nNote A search warrant to enter premises, issued under this Act, permits an\ninspector to enter premises with any necessary assistance and force.\n(6) In this section:\nnecessary assistance, for an inspector entering premises, includes the\nattendance of 1 or more people who, in the opinion of the inspector,\nhave knowledge or skills that could assist the inspector to carry out\nthe inspector’s function.\n26 Production of identity card\nAn inspector and any other person other than a police officer who is\naccompanying the inspector may not remain at premises entered\nunder this part if the inspector does not produce the inspector’s\nidentity card when asked by the occupier.\n27 Consent to entry\n(1) When seeking the consent of an occupier to enter premises under\nsection 25 (1) (b) (Power to enter premises), an inspector must—\n(a) produce the inspector’s identity card; and\n(b) tell the occupier—\n(i) the purpose of the entry; and\n(ii) the reason for, and identity of, any other person\naccompanying the inspector; and\n\nPart 3 Enforcement\nDivision 3.2 Inspectors\nSection 27\npage 22 Fuels Rationing Act 2019\nEffective: 12/10/20\nR4\n12/10/20\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(iii) that anything found and seized under this part may be used\nin evidence in court; and\n(iv) that consent may be refused.\n(2) If the occupier consents, the inspector must ask the occupier to sign a\nwritten acknowledgment (an acknowledgment of consent)—\n(a) that the occupier was told—\n(i) the purpose of the entry; and\n(ii) the reason for, and identity of, any other person\naccompanying the inspector; and\n(iii) that anything found and seized under this part may be used\nin evidence in court; and\n(iv) that consent may be refused; and\n(b) that the occupier consented to the entry; and\n(c) stating the time and date when consent was given.\n(3) If the occupier signs an acknowledgment of consent, the inspector\nmust immediately give a copy to the occupier.\n(4) A court must find that the occupier did not consent to entry to the\npremises by the inspector under this part if—\n(a) the question arises in a proceeding in the court whether the\noccupier consented to the entry; and\n(b) an acknowledgment of consent is not produced in evidence; and\n(c) it is not proved that the occupier consented to the entry.\n\nEnforcement Part 3\nInspectors Division 3.2\nSection 28\nR4\n12/10/20\nFuels Rationing Act 2019\nEffective: 12/10/20\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n28 General powers on entry to premises\n(1) An inspector who enters premises under this part may, for this Act,\ndo 1 or more of the following in relation to the premises or anything\nat the premises:\n(a) inspect or examine;\n(b) take measurements or conduct tests;\n(c) take samples;\n(d) make sketches, drawings or any other kind of record (including\nphotographs, films, audio, video or other recordings);\n(e) require the occupier, or anyone at the premises, to give the\ninspector reasonable help to exercise a power under this part.\nNote The Legislation Act, s 170 and s 171 deal with the application of the\nprivilege against self-incrimination and client legal privilege.\n(2) A person must take all reasonable steps to comply with a requirement\nmade of the person under subsection (1) (e).\nMaximum penalty: 50 penalty units.\n29 Power to seize things\n(1) An inspector who enters premises under this part with the occupier’s\nconsent may seize anything at the premises if seizure of the thing is\nconsistent with the purpose of the entry told to the occupier when\nseeking the occupier’s consent.\n(2) An inspector who enters premises under a warrant under this part may\nseize anything at the premises that the inspector is authorised to seize\nunder the warrant.\n\nPart 3 Enforcement\nDivision 3.2 Inspectors\nSection 30\npage 24 Fuels Rationing Act 2019\nEffective: 12/10/20\nR4\n12/10/20\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) An inspector who enters premises under this part (whether with the\noccupier’s consent, under a warrant or otherwise) may seize anything\nat the premises if satisfied on reasonable grounds that—\n(a) the thing is connected with an offence against this Act; and\n(b) the seizure is necessary to prevent the thing from being—\n(i) concealed, lost or destroyed; or\n(ii) used to commit, continue or repeat the offence.\n(4) Having seized a thing, an inspector may—\n(a) remove the thing from the premises where it was seized (the\nplace of seizure) to another place; or\n(b) leave the thing at the place of seizure but restrict access to it.\n(5) If access to a thing is restricted under subsection (4) (b), the inspector\nmust place a notice in a conspicuous place identifying that the thing\nis seized.\n(6) A person commits an offence if—\n(a) the person interferes with a seized thing, or anything containing\na seized thing, to which access has been restricted under\nsubsection (4); and\n(b) the person does not have an inspector’s approval to interfere\nwith the thing.\nMaximum penalty: 50 penalty units.\n(7) An offence against subsection (6) is a strict liability offence.\n30 Direction to give name and address\n(1) This section applies if an inspector believes on reasonable grounds\nthat a person—\n(a) has committed, is committing or is about to commit an offence\nagainst this Act; or\n\nEnforcement Part 3\nInspectors Division 3.2\nSection 30\nR4\n12/10/20\nFuels Rationing Act 2019\nEffective: 12/10/20\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) may be able to assist in the investigation of an offence against\nthis Act.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including any regulation (see Legislation\nAct, s 104).\n(2) The inspector may direct the person to give the inspector,\nimmediately, any of the following personal details (a name and\naddress direction):\n(a) the person’s full name;\n(b) the person’s home address.\nNote The inspector must first show the person the inspector’s identity card\n(see s 24).\n(3) If the inspector believes on reasonable grounds that a personal detail\ngiven by a person in response to a name and address direction is false\nor misleading, the inspector may direct the person to produce\nevidence immediately of the correctness of the detail (an evidence\ndirection).\n(4) If an inspector gives a direction to a person, the inspector must tell\nthe person that it is an offence if the person fails to comply with the\ndirection.\n(5) If an inspector gives a direction to a person, the inspector must give\nthe direction in a language, or in a way of communicating, that the\ninspector believes on reasonable grounds the person is likely to\nunderstand.\n\nPart 3 Enforcement\nDivision 3.2 Inspectors\nSection 31\npage 26 Fuels Rationing Act 2019\nEffective: 12/10/20\nR4\n12/10/20\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n31 Offence—fail to comply with direction to give name and\naddress etc\n(1) A person commits an offence if the person—\n(a) is the subject of—\n(i) a name and address direction; or\n(ii) an evidence direction; and\n(b) fails to comply with the direction.\nMaximum penalty: 5 penalty units.\nNote It is an offence to make a false or misleading statement or give false or\nmisleading information (see Criminal Code, pt 3.4).\n(2) An offence against this section is a strict liability offence.\n(3) This section does not apply to a person if the inspector, before giving\nthe direction, did not—\n(a) produce the inspector’s identity card for inspection by the\nperson; or\n(b) warn the person that failure to comply with the direction is an\noffence.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (3) (see Criminal Code, s 58).\n(4) In this section:\ndirection means a name and address direction or an evidence\ndirection.\n\nEnforcement Part 3\nInspectors Division 3.2\nSection 32\nR4\n12/10/20\nFuels Rationing Act 2019\nEffective: 12/10/20\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSubdivision 3.2.3 Search warrants\n32 Warrants generally\n(1) An inspector may apply to a magistrate for a warrant to enter\npremises.\n(2) The application must—\n(a) be sworn; and\n(b) state the grounds on which the warrant is sought.\n(3) The magistrate may refuse to consider the application until the\ninspector gives the magistrate all the information the magistrate\nrequires about the application in the way the magistrate requires.\n(4) The magistrate may issue a warrant only if satisfied there are\nreasonable grounds for suspecting—\n(a) there is a particular thing or activity connected with an offence\nagainst this Act; and\n(b) the thing or activity—\n(i) is, or is being engaged in, at the premises; or\n(ii) may be, or may be engaged in, at the premises within the\nnext 14 days.\n(5) The warrant must state—\n(a) that an inspector may, with any necessary assistance and force,\nenter the premises and exercise the inspector’s powers under this\npart; and\n(b) the offence for which the warrant is issued; and\n(c) the things that may be seized under the warrant; and\n(d) the hours when the premises may be entered; and\n\nPart 3 Enforcement\nDivision 3.2 Inspectors\nSection 33\npage 28 Fuels Rationing Act 2019\nEffective: 12/10/20\nR4\n12/10/20\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(e) the date, within 14 days after the day of the warrant’s issue,\nwhen the warrant ends.\n33 Warrants—application other than in person\n(1) An inspector may apply for a warrant by phone, fax, radio, email,\nletter or other form of communication if the inspector considers it\nnecessary because of—\n(a) urgent circumstances; or\n(b) other special circumstances.\n(2) Before applying for the warrant, the inspector must prepare an\napplication stating the grounds on which the warrant is sought.\n(3) The inspector may apply for the warrant before the application is\nsworn.\n(4) After issuing the warrant, the magistrate must immediately provide a\nwritten copy to the inspector if it is practicable to do so.\n(5) If it is not practicable to provide a written copy of the warrant to the\ninspector—\n(a) the magistrate must tell the inspector—\n(i) what the terms of the warrant are; and\n(ii) the date and time the warrant was issued; and\n(b) the inspector must complete a form of warrant (the warrant\nform) and write on it—\n(i) the magistrate’s name; and\n(ii) the date and time the magistrate issued the warrant; and\n(iii) the warrant’s terms.\n(6) The written copy of the warrant, or the warrant form properly\ncompleted by the inspector, authorises the entry and the exercise of\nthe inspector’s powers under this part.\n\nEnforcement Part 3\nInspectors Division 3.2\nSection 34\nR4\n12/10/20\nFuels Rationing Act 2019\nEffective: 12/10/20\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(7) The inspector must, at the first reasonable opportunity, send to the\nmagistrate—\n(a) the sworn application; and\n(b) if the inspector completed a warrant form—the completed\nwarrant form.\n(8) On receiving the documents mentioned in subsection (7), the\nmagistrate must attach them to the warrant.\n(9) A court must find that a power exercised by an inspector was not\nauthorised by a warrant under this section if—\n(a) the question arises in a proceeding in the court whether the\nexercise of power was authorised by a warrant; and\n(b) the warrant is not produced in evidence; and\n(c) it is not proved that the exercise of power was authorised by a\nwarrant under this section.\n34 Search warrants—announcement before entry\n(1) An inspector must, before anyone enters premises under a search\nwarrant—\n(a) announce that the inspector is authorised to enter the premises;\nand\n(b) give anyone at the premises an opportunity to allow entry to the\npremises; and\n(c) if the occupier of the premises, or someone else who apparently\nrepresents the occupier, is present at the premises—identify\nthemself to the person.\n\nPart 3 Enforcement\nDivision 3.2 Inspectors\nSection 35\npage 30 Fuels Rationing Act 2019\nEffective: 12/10/20\nR4\n12/10/20\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The inspector is not required to comply with subsection (1) if the\ninspector believes on reasonable grounds that immediate entry to the\npremises is required to ensure—\n(a) the safety of anyone (including the inspector or any person\nassisting); or\n(b) that the effective execution of the warrant is not frustrated.\n35 Details of search warrant to be given to occupier etc\nIf the occupier of the premises, or someone else who apparently\nrepresents the occupier, is present at the premises while a search\nwarrant is being executed, the inspector or a person assisting must\nmake available to the person—\n(a) a copy of the warrant; and\n(b) a document setting out the rights and obligations of the person.\n36 Occupier entitled to be present during search etc\n(1) If the occupier of the premises, or someone else who apparently\nrepresents the occupier, is present at the premises while a search\nwarrant is being executed, the person is entitled to observe the search\nbeing conducted.\n(2) However, the person is not entitled to observe the search if—\n(a) to do so would impede the search; or\n(b) the person is under arrest, and allowing the person to observe\nthe search being conducted would interfere with the objectives\nof the search.\n(3) This section does not prevent 2 or more areas of the premises being\nsearched at the same time.\n\nEnforcement Part 3\nInspectors Division 3.2\nSection 37\nR4\n12/10/20\nFuels Rationing Act 2019\nEffective: 12/10/20\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSubdivision 3.2.4 Return and forfeiture of things seized\n37 Receipt for things seized\n(1) As soon as practicable after a thing is seized by an inspector under\nthis part, the inspector must give a receipt for it to the person from\nwhom it was seized.\n(2) If, for any reason, it is not practicable to comply with subsection (1),\nthe inspector must leave the receipt, secured conspicuously at the\nplace of seizure under section 29 (Power to seize things).\n(3) A receipt under this section must include the following:\n(a) a description of the thing seized;\n(b) an explanation of why the thing was seized;\n(c) the inspector’s name, and how to contact the inspector;\n(d) if the thing is moved from the premises where it is seized—\nwhere the thing is to be taken.\n38 Moving things to another place for examination or\nprocessing under search warrant\n(1) A thing found at premises entered under a search warrant may be\nmoved to another place for examination or processing to decide\nwhether it may be seized under the warrant if—\n(a) both of the following apply:\n(i) there are reasonable grounds for believing that the thing is\nor contains something to which the warrant relates;\n(ii) it is significantly more practicable to do so having regard\nto the timeliness and cost of examining or processing the\nthing at another place and the availability of expert\nassistance; or\n(b) the occupier of the premises agrees in writing.\n\nPart 3 Enforcement\nDivision 3.2 Inspectors\nSection 39\npage 32 Fuels Rationing Act 2019\nEffective: 12/10/20\nR4\n12/10/20\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The thing may be moved to another place for examination or\nprocessing for not longer than 72 hours.\n(3) An inspector may apply to a magistrate for an extension of time if the\ninspector believes on reasonable grounds that the thing cannot be\nexamined or processed within 72 hours.\n(4) The inspector must give notice of the application to the occupier of\nthe premises, and the occupier is entitled to be heard on the\napplication.\n(5) If a thing is moved to another place under this section, the inspector\nmust, if practicable—\n(a) tell the occupier of the premises the address of the place where,\nand time when, the examination or processing will be carried\nout; and\n(b) allow the occupier or the occupier’s representative to be present\nduring the examination or processing.\n(6) The provisions of this part relating to the issue of search warrants\napply, with any necessary changes, to the giving of an extension\nunder this section.\n39 Access to things seized\nA person who would, apart from the seizure, be entitled to inspect a\nthing seized under this part may—\n(a) inspect the thing; and\n(b) photograph the thing; and\n(c) if the thing is a document—take extracts from, or make copies\nof, the thing.\n\nEnforcement Part 3\nInspectors Division 3.2\nSection 40\nR4\n12/10/20\nFuels Rationing Act 2019\nEffective: 12/10/20\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n40 Return of things seized\n(1) A thing seized under this part must be returned to its owner, or\nreasonable compensation must be paid to the owner by the Territory\nfor the loss of the thing, if—\n(a) a prosecution for an offence relating to the thing is not instituted\nwithin 90 days of the seizure; or\n(b) the court does not find the offence proved in a prosecution for\nan offence relating to the thing.\n(2) A thing seized under this part is forfeited to the Territory if a court—\n(a) finds an offence relating to the thing to be proved; and\n(b) orders the forfeiture.\n(3) If subsection (2) (a) applies, but a court does not order forfeiture of\nthe thing seized, the Territory must return the thing to its owner or\npay reasonable compensation to the owner for the loss of the thing.\nSubdivision 3.2.5 Miscellaneous\n41 Damage etc to be minimised\n(1) In the exercise, or purported exercise, of a function under this part, an\ninspector must take all reasonable steps to ensure that the inspector,\nand any person assisting the inspector, causes as little inconvenience,\ndetriment and damage as is practicable.\n(2) If an inspector, or a person assisting an inspector, damages anything\nin the exercise or purported exercise of a function under this part, the\ninspector must give written notice of the particulars of the damage to\nthe person whom the inspector believes on reasonable grounds is the\nowner of the thing.\n(3) If the damage happens at premises entered under this part in the\nabsence of the occupier, the notice may be given by leaving it secured\nin a conspicuous place at the premises.\n\nPart 3 Enforcement\nDivision 3.2 Inspectors\nSection 42\npage 34 Fuels Rationing Act 2019\nEffective: 12/10/20\nR4\n12/10/20\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n42 Compensation for exercise of enforcement powers\n(1) A person may claim compensation from the Territory if the person\nsuffers loss or expense because of the exercise, or purported exercise,\nof a function under this part by—\n(a) an inspector; or\n(b) a person assisting an inspector.\n(2) Compensation may be claimed and ordered in a proceeding for—\n(a) compensation brought in a court of competent jurisdiction; or\n(b) an offence against this Act brought against the person making\nthe claim for compensation.\n(3) A court may order the payment of reasonable compensation for the\nloss or expense only if it is satisfied it is just to make the order in the\ncircumstances of the particular case.\n(4) A regulation may prescribe matters that may, must or must not be\ntaken into account by the court in considering whether it is just to\nmake the order.\n43 Protection from liability\n(1) An inspector or a person assisting an inspector, is not civilly liable for\nconduct engaged in honestly and without recklessness—\n(a) in the exercise of a function under this Act; or\n(b) in the reasonable belief that the conduct was in the exercise of a\nfunction under this Act.\n(2) Any liability that would, apart from this section, attach to the\ninspector or a person assisting the inspector, attaches instead to the\nTerritory.\n(3) In this section:\nconduct means an act or omission to do an act.\n\nMiscellaneous Part 4\nSection 44\nR4\n12/10/20\nFuels Rationing Act 2019\nEffective: 12/10/20\npage 35\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Miscellaneous\n44 Regulation-making power\nThe Executive may make regulations for this Act.\nNote A regulation must be notified, and presented to the Legislative Assembly,\nunder the Legislation Act.\n\nDictionary\npage 36 Fuels Rationing Act 2019\nEffective: 12/10/20\nR4\n12/10/20\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\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• ACT\n• ambulance service\n• chief officer (ambulance service)\n• chief officer (fire and rescue service)\n• chief officer (rural fire service)\n• chief officer (SES)\n• contravene\n• director-general (see s 163)\n• entity\n• Executive\n• fail\n• fire and rescue service\n• instrument (see s 14)\n• Minister (see s 162)\n• notification\n• penalty unit (see s 133)\n• police officer\n• rural fire service\n• SES\n• State\n• territory law\n• the Territory.\napproved fuel restriction scheme—see section 8.\nconnected, for division 3.2 (Inspectors)—see section 23.\nevidence direction—see section 30 (3).\n\nDictionary\nR4\n12/10/20\nFuels Rationing Act 2019\nEffective: 12/10/20\npage 37\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nfuel—see section 6 (1).\nfuel restriction—see section 11 (1).\nfuel seller—see section 10 (1).\nidentity card, for part 3 (Enforcement)—see section 17.\ninspector, for part 3 (Enforcement)—see section 17.\nname and address direction—see section 30 (2).\noccupier, of premises, for part 3 (Enforcement)—see section 17.\noffence, for division 3.2 (Inspectors)—see section 23.\npremises includes any land, structure or vehicle and any part of an\narea of land, a structure or vehicle.\nuse, of a fuel—see section 7 (1).\nwarrant, for division 3.2 (Inspectors)—see section 23.\n\nEndnotes\n1 About the endnotes\npage 38 Fuels Rationing Act 2019\nEffective: 12/10/20\nR4\n12/10/20\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\nR4\n12/10/20\nFuels Rationing Act 2019\nEffective: 12/10/20\npage 39\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nFuels Rationing Act 2019 A2019-11\nnotified LR 11 April 2019\ns 1, s 2 commenced 11 April 2019 (LA s 75 (1))\nremainder commenced 11 October 2019 (s 2 and LA s 79)\nas amended by\nJustice Legislation Amendment Act 2020 A2020-42 pt 17\nnotified LR 27 August 2020\ns 1, s 2 commenced 27 August 2020 (LA s 75 (1))\npt 17 commenced 28 August 2020 (s 2 (9))\nEmergencies Amendment Act 2020 A2020-47 sch 1 pt 1.2\nnotified LR 3 September 2020\ns 1, s 2 commenced 3 September 2020 (LA s 75 (1))\nsch 1 pt 1.2 commenced 4 September 2020 (s 2)\n\nEndnotes\n4 Amendment history\npage 40 Fuels Rationing Act 2019\nEffective: 12/10/20\nR4\n12/10/20\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\nMeaning of fuel\ns 6 am A2020-42 s 90, s 91; pars renum R2 LA\nFuel seller must give notice\ns 10 (3), (4) exp 11 October 2020 (s 10 (4))\nss renum R4 LA\nApplication of Act to emergency services and police\ns 16 am A2020-47 amdt 1.4, amdt 1.5\nTransitional\npt 10 hdg exp 11 October 2021 (s 104)\nMeaning of commencement day—pt 10\ns 100 exp 11 October 2021 (s 104)\nInspectors\ns 101 exp 11 October 2021 (s 104)\nIdentity cards\ns 102 exp 11 October 2021 (s 104)\nTransitional regulations\ns 103 exp 11 October 2021 (s 104)\nExpiry—pt 10\ns 104 exp 11 October 2021 (s 104)\nRepeals\npt 11 hdg om LA s 89 (3)\nLegislation repealed\ns 105 om LA s 89 (3)\n\nEndnotes\nEarlier republications 5\nR4\n12/10/20\nFuels Rationing Act 2019\nEffective: 12/10/20\npage 41\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\nR1\n11 Oct 2019\n11 Oct 2019–\n27 Aug 2020\nnot amended new Act\nR2\n28 Aug 2020\n28 Aug 2020–\n3 Sept 2020\nA2020-42 amendments by\nA2020-42\nR3\n4 Sept 2020\n4 Sept 2020–\n11 Oct 2020\nA2020-47 amendments by\nA2020-47\nR4\n12 Oct 2020\n12 Oct 2020–\n11 Oct 2021\nA2020-47 expiry of provisions\n(s 10 (3), (4))\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.\n© Australian Capital Territory 2021","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act, as amended, broadened its substantive reach beyond a simple rationing framework. Notable scope changes include a widened definition of \"fuel\" to expressly capture petrochemicals and hydrogen (see s 6) and amendments clarifying that emergency controllers and police exercising certain emergency or policing functions are not subject to the Act (s 16). Those definitional expansions extend the kinds of substances and activities the Act can affect, increasing regulatory coverage of non-traditional fuels and clarifying (but not removing) the Act's application around emergency responders. The Act also incorporates substantial enforcement detail (inspection, seizure, warrants and compensation) by reference to the Dangerous Substances Act framework (s 17 and related provisions), which increases operational scope compared with a minimal rationing law."},"complexity_factors":["Moderate length: approx. 44 substantive sections across 4 Parts with a dictionary and multiple endnotes","Cross-references to other Acts (Dangerous Substances Act 2004 for inspector and identity card definitions; Legislation Act for instrument types and procedural rules) (see s 17 and notes)","Multiple conditional pathways and exceptions (e.g. entry powers differ for public premises, consent, urgent public-safety entry, and warrant entry) (s 25)","Several time-limited rules and staged limits (declaration limited to 3 months, single extension up to 3 months; 14-day and 90-day time limits for notices and seizures) (s 11, s 14, s 19, s 40)","Use of instrument types with varying parliamentary oversight (approved scheme is a disallowable instrument; declarations and extensions are notifiable instruments) (s 8(3), s 11(5), s 14(5))","Multiple strict‑liability offences lowering mens rea requirements (s 18, s 19, s 21, s 31)","Nested procedural safeguards for warrants, consent, receipts, and rights to inspect seized items, creating conditional complexity (s 27, s 32–39)","Competing administrative mechanisms: Ministerial discretion to exempt, to stage restrictions, and to publish—creates policy detail that must be specified in a scheme (s 9, s 11)","Interplay between enforcement powers and civil remedies (seizure/forfeiture rules vs compensation and Territory liability) (s 37–43)","Limited judicial review window and prohibition on interlocutory injunctions for key decisions (s 15)"],"plain_english_summary":"**What this law does (mechanics)\n\n- Authorises the ACT Minister to put an \"approved fuel restriction scheme\" in place to manage a current or likely fuel shortage, and to declare particular restrictions from that scheme to be in force for up to 3 months (can be extended once for up to 3 months) (see s 8, s 11, s 14).\n\n- Requires businesses that sell fuel to register basic details with the director-general (name, contact, each site and the kinds and quantities of fuel they can store) and to update that information when it changes (see s 10). A failure to register or update is an offence (s 10(5)).\n\n- Sets out how a declaration of restriction is published and communicated: broadcast, public notice, and direct written notice to fuel sellers who previously registered (s 12). Fuel sellers who receive notice must display an A4 (or larger) sign at their sale point telling buyers a restriction is in force and pointing them to more information (s 13).\n\n- Requires approved schemes to provide staged restrictions and a range of measures (for example, limits by fuel type, classes of buyers, times or circumstances) and permits the Minister to allow exemptions where compliance would cause serious detriment (s 9).\n\n- Creates offences for contravening a restriction and for failing to comply with directions or information requests from inspectors; many offences are strict liability and carry penalties up to 50 penalty units (s 18, s 19, s 21). Strict liability means the prosecution does not need to prove intent or recklessness for those offences (see note in s 5 referencing the Criminal Code).\n\n- Gives inspectors (defined by reference to the Dangerous Substances Act) investigatory and enforcement powers: require written information about fuel held or sold (s 19); give directions to occupiers to stop or change fuel use (s 20); arrange to stop the supply of fuel to premises in some circumstances (s 22); enter premises with consent, where the premises are public, in urgent public-safety situations, or under warrant (s 25); seize connected things, and move seized things for processing for limited periods (s 29, s 38).\n\n- Provides procedural safeguards and remedies: inspectors must show identity cards and explain the purpose when seeking consent (s 24, s 27); search warrants must be authorised by a magistrate with stated grounds and a 14‑day reach-back for planned activities (s 32); seized property must generally be returned if no prosecution is started within 90 days or if the court does not find an offence proved, or else may be forfeited following conviction (s 37, s 40); persons harmed by exercise of enforcement powers can claim compensation (s 42). Inspectors and their assistants are protected from civil liability for honest, non-reckless conduct; liability instead attaches to the Territory (s 43).\n\n- Limits judicial review time for key decisions: proceedings challenging the approval of schemes, declarations, or extensions must be started within 30 days of the decision, and if started within 30 days are not eligible for interlocutory injunctions (temporary court orders) (s 15).\n\n- Excludes use of the Act against emergency controllers, emergency services personnel and police acting to protect life, property or the environment under the Emergencies Act or in policing functions (s 16).\n\n\nWhy the law says it is needed (official purpose claim)\n\n- The Act is framed to allow the Territory to respond to shortages or likely shortages of fuel so as to: facilitate efficient, reliable and sustainable fuel supply; protect consumer interests; manage safety and security of the fuel distribution chain; protect public safety; meet international commitments; or assist other jurisdictions (s 11(1)(b)). The Minister must consider these outcomes when approving a scheme (s 8(2)).\n\n\nTesting the official purpose against practical costs, incentives and implementation issues\n\n- Who pays and who bears costs\n  - Fuel sellers bear immediate compliance costs: registration and updates to the director-general, new signage and record-keeping, responding to inspectors' written information requests, and potential interruption to sales if restrictions apply (s 10, s 13, s 19). Failure to comply can attract fines (s 10(5), s 18).\n  - Businesses and individuals affected by seizure, stoppage of supply or compliance directions may suffer loss or disruption; compensation is available but requires a court to be satisfied it is \"just\" in the circumstances (s 42).\n  - The Territory picks up civil liability for inspectors' conduct done honestly and without recklessness (s 43).\n\n- Administrative discretion and decision-making costs\n  - The Minister has broad discretion to approve detailed schemes and to declare restrictions under those schemes. Approved schemes are disallowable instruments (meaning they must be tabled and may be disallowed by the Assembly) but day‑to‑day choices about declaring and extending restrictions rest with the Minister (s 8(3), s 11, s 14). That concentrates operational decision-making in the executive and creates administrative responsibility for choosing stages, classes, exemptions, and timing.\n\n- Impact on private enterprise, markets and contracts\n  - Restrictions can limit what sellers may sell and who may buy, reducing firms' contractual freedom for the restriction period (s 9). That can alter competition dynamics (for example, prioritising certain buyers or types of use) and may push transactions into informal or cross-border channels if practical.\n  - Price effects are not set by the Act, but supply restrictions typically change incentives across retail and wholesale markets (s 11, s 9). The Act does not create explicit price controls but could change market scarcity and thus prices indirectly.\n\n- Compliance and enforcement trade-offs\n  - Many offences are strict liability (s 18, s 19, s 21), which lowers the prosecution's evidentiary burden and increases compliance risk for businesses. That choice speeds enforcement but increases the risk of penalties where a defendant cannot show mental fault.\n  - Inspectors have broad powers of entry, seizure and directions (s 25, s 29, s 20). Protections (identity cards, warrant procedures, receipts, return/forfeiture rules) are present but enforcement is operationally powerful.\n\n- Implementation risk and opportunity costs\n  - The scheme requires up-to-date registers of fuel sellers and capacities (s 10). Maintaining accurate data and communicating rapidly during an unfolding shortage is an administrative burden.\n  - The 3‑month cap on declarations (with one extension) limits how long restrictions can last without fresh ministerial action, which reduces the risk of open‑ended measures but can create repeated administrative cycles in a prolonged shortage (s 11(3), s 14).\n\n- Targeting, exemptions and concentrated benefits\n  - The scheme must provide staged and class‑based restrictions (s 9(1)). The Minister can exempt entities where compliance would cause \"serious detriment\" (s 9(2)). These features enable targeted measures (benefiting critical services) but create potential for concentrated advantages for exempted groups if exemptions are not tightly specified.\n\n- Judicial review and legal risk\n  - The 30‑day limit for starting proceedings and the restriction on interlocutory injunctions (s 15) accelerate final resolution but narrow the window for urgent judicial relief. That reduces the prospect of short-term court stays against a declaration, placing more weight on administrative processes or fast legal challenges.\n\n\nBottom-line plain statement of who decides, who pays, and what changes behaviour\n\n- Who decides: the Minister approves schemes and declares restrictions; inspectors (as defined by the Dangerous Substances Act) execute enforcement on the ground (s 8, s 11, s 17).\n- Who pays: fuel sellers bear registration and compliance costs and face penalties for breaches; affected businesses and individuals absorb disruption but may seek compensation from the Territory if losses arise from enforcement actions (s 10, s 18, s 42).\n- Behaviour changes: sellers must register and display notices; buyers may face limits on purchase or use during declared stages; firms may reroute supply or seek exemptions for critical activities (s 10, s 13, s 9).\n\n\nKey sections to consult quickly: definition of \"fuel\" (s 6); fuel seller registration (s 10); approval and scope of schemes (s 8, s 9); declaration and publication (s 11, s 12); inspector powers and warrants (s 25, s 32); offences and strict liability (s 18, s 19, s 21); compensation and liability (s 42, s 43)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of fuel rationing during emergencies. The 2020 amendments were minor: updating fuel definitions to include hydrogen and other fuels (Justice Legislation Amendment Act 2020) and clarifying emergency services exemptions (Emergencies Amendment Act 2020). The expiry of transitional provisions in October 2021 was planned from inception and does not represent scope creep."},"complexity_factors":["Moderate length (44 sections plus dictionary and endnotes)","Cross-references to the Dangerous Substances Act 2004 for inspector definitions and identity cards (section 17)","Cross-references to the Criminal Code for general principles of criminal responsibility (section 5)","Cross-references to the Emergencies Act 2004 for emergency services exemptions (section 16)","Nested conditional logic in enforcement powers (e.g., entry powers in section 25 have four different bases with two explicit exclusions)","Multiple types of statutory instruments (disallowable instruments for schemes, notifiable instruments for declarations)","Strict liability offences throughout (sections 10, 13, 18, 19, 21, 31) with limited defences","Detailed procedural requirements for warrants including remote applications (sections 32-33)","Expired transitional provisions (Part 10) now removed but referenced in amendment history"],"plain_english_summary":"This Act gives the ACT Government emergency powers to impose temporary fuel rationing and restrictions when shortages loom. The Minister can activate a publicly notified scheme; fuel sellers must register, display notices and follow rationing rules; consumers’ purchases can be limited; emergency services and police are exempt and businesses can seek exemptions.\n\nInspectors enforce the rules and penalties apply for non‑compliance. It’s a short‑term “break glass” tool to protect essential services and curb hoarding."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/fuels-rationing-act-2019","history":"/api/acts/fuels-rationing-act-2019/history","analysis":"/api/acts/fuels-rationing-act-2019/analysis","conflicts":"/api/acts/fuels-rationing-act-2019/conflicts","importantCases":"/api/acts/fuels-rationing-act-2019/important-cases","documents":"/api/acts/fuels-rationing-act-2019/documents"}}