{"id":"qld:act-1984-078","name":"Liquid Fuel Supply Act 1984","slug":"liquid-fuel-supply-act-1984","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"78 of 1984","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104963,"registerId":"qld-act-1984-078-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Liquid Fuel Supply Act 1984 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nSection&#160;1 and this section shall commence on the day this Act is assented to for and on behalf of Her Majesty.\nExcept as provided by subsection&#160;(1) , the provisions of this Act shall commence on a date to be appointed by proclamation.\nThe date so appointed is in this Act referred to as the commencement of this Act.\n(sec.2-ssec.1) Section&#160;1 and this section shall commence on the day this Act is assented to for and on behalf of Her Majesty.\n(sec.2-ssec.2) Except as provided by subsection&#160;(1) , the provisions of this Act shall commence on a date to be appointed by proclamation.\n(sec.2-ssec.3) The date so appointed is in this Act referred to as the commencement of this Act.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Application of Act to Crown","content":"### sec.3 Application of Act to Crown\n\nThis Act binds the Crown but nothing in this Act renders the Crown liable to be prosecuted for an offence.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":null,"content":"### Section sec.4\n\ns&#160;4 amd 1988 No.&#160;13 s&#160;3\nom 7 April 1988 RA s&#160;36","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Definitions","content":"### sec.5 Definitions\n\nThe dictionary in schedule&#160;1 defines particular words used in this Act.\ns&#160;5 amd 2015 No.&#160;31 s&#160; 4(1), (3)–(4)\nNote—prev s&#160;5 contained definitions. Definitions are now located in schedule&#160;1 (Dictionary). Annotations for definitions contained in prev s&#160;5 are located in annotations for sch&#160;1.","sortOrder":5},{"sectionNumber":"pt.2","sectionType":"part","heading":"Administration","content":"# Administration","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Minister","content":"### sec.6 Minister\n\nThis Act shall be administered by the Minister for Mines and Energy or such other Minister of the Crown as is for the time being charged with the administration of this Act.","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Delegation","content":"### sec.7 Delegation\n\nThe Minister may by instrument in writing delegate all or any of the Minister’s powers and functions under this Act, except this power of delegation, to any person or persons and may make such number of delegations of the same power or function concurrently as the Minister thinks fit.\nA power or function so delegated may be exercised or discharged by the delegate in accordance with the instrument of delegation and when so exercised or discharged shall be deemed, for the purposes of this Act, to have been exercised or discharged by the Minister.\nA delegation under this section is revocable at the Minister’s will and does not derogate from the Minister’s power to act personally in any matter.\nA person purporting to exercise a power or to discharge a function pursuant to a delegation under this section shall be presumed to be acting in accordance with the instrument of delegation in the absence of proof to the contrary.\n(sec.7-ssec.1) The Minister may by instrument in writing delegate all or any of the Minister’s powers and functions under this Act, except this power of delegation, to any person or persons and may make such number of delegations of the same power or function concurrently as the Minister thinks fit.\n(sec.7-ssec.2) A power or function so delegated may be exercised or discharged by the delegate in accordance with the instrument of delegation and when so exercised or discharged shall be deemed, for the purposes of this Act, to have been exercised or discharged by the Minister.\n(sec.7-ssec.3) A delegation under this section is revocable at the Minister’s will and does not derogate from the Minister’s power to act personally in any matter.\n(sec.7-ssec.4) A person purporting to exercise a power or to discharge a function pursuant to a delegation under this section shall be presumed to be acting in accordance with the instrument of delegation in the absence of proof to the contrary.","sortOrder":8},{"sectionNumber":"pt.3","sectionType":"part","heading":"Contingency planning","content":"# Contingency planning","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Power to require information","content":"### sec.8 Power to require information\n\nThe Minister may, by notice in writing, require any person who is, in the Minister’s opinion, in a position to do so to furnish information of a description specified in the notice relating to the extraction, production, storage, supply, distribution, sale, purchase, use or consumption of liquid fuel.\nInformation sought under subsection&#160;(1) must be relevant to the administration of this Act.\nA person required to furnish information under subsection&#160;(1) shall, within the time allowed in the notice, furnish in accordance with the notice the information sought by the notice to the best of the person’s knowledge, information and belief.\nMaximum penalty—\nin the case of a body corporate—$10,000; or\nin the case of an individual—$1000.\n(sec.8-ssec.1) The Minister may, by notice in writing, require any person who is, in the Minister’s opinion, in a position to do so to furnish information of a description specified in the notice relating to the extraction, production, storage, supply, distribution, sale, purchase, use or consumption of liquid fuel.\n(sec.8-ssec.2) Information sought under subsection&#160;(1) must be relevant to the administration of this Act.\n(sec.8-ssec.3) A person required to furnish information under subsection&#160;(1) shall, within the time allowed in the notice, furnish in accordance with the notice the information sought by the notice to the best of the person’s knowledge, information and belief. Maximum penalty— in the case of a body corporate—$10,000; or in the case of an individual—$1000.\n- (a) in the case of a body corporate—$10,000; or\n- (b) in the case of an individual—$1000.","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Confidentiality","content":"### sec.9 Confidentiality\n\nA person shall not disclose information obtained in connection with the administration or execution of this Act unless the disclosure is made—\nwith the consent of the person from whom the information was obtained; or\nin connection with the administration or execution of this Act; or\nfor the purposes of any legal proceeding arising out of this Act or for the purposes of any report of any such proceeding; or\nunder the compulsion of an order made by a court of competent jurisdiction in any proceedings to which the information is material.\nMaximum penalty—$1000.\n- (a) with the consent of the person from whom the information was obtained; or\n- (b) in connection with the administration or execution of this Act; or\n- (c) for the purposes of any legal proceeding arising out of this Act or for the purposes of any report of any such proceeding; or\n- (d) under the compulsion of an order made by a court of competent jurisdiction in any proceedings to which the information is material.","sortOrder":11},{"sectionNumber":"sec.10","sectionType":"section","heading":"Notification of address of prescribed businesses","content":"### sec.10 Notification of address of prescribed businesses\n\nA person who carries on a prescribed business shall give to the Minister notice in writing containing particulars of—\nthe name of that person and the address and telephone number of each place where the person carries on the business; and\nthe kinds of liquid fuel that can be stored at each place where the person carries on the business; and\nthe quantity of each kind of liquid fuel that can be stored at each place where the person carries on the business.\nNotice required by subsection&#160;(1) shall be given—\nin the case of a person who at the commencement of this Act, carries on a business that becomes a prescribed business—within 14 days after the business becomes a prescribed business;\nin the case of a person who, after the commencement of this Act, begins to carry on a prescribed business—within 14 days after the person begins to carry on the business.\nWhere a change occurs in any of the particulars contained in a notice given under subsection&#160;(1) the person carrying on the prescribed business to which the notice relates shall within 14 days after the change occurs give to the Minister notice in writing containing particulars of the change.\nA person who ceases to carry on a prescribed business shall, within 14 days after the day on which the person ceases to carry on the business, give to the Minister a notice in writing of the person’s ceasing and the date on which the person ceased to carry on the business.\nA person who being required by this section to give a notice fails to give the notice in accordance with this section commits an offence against this Act.\nMaximum penalty—$1000.\n(sec.10-ssec.1) A person who carries on a prescribed business shall give to the Minister notice in writing containing particulars of— the name of that person and the address and telephone number of each place where the person carries on the business; and the kinds of liquid fuel that can be stored at each place where the person carries on the business; and the quantity of each kind of liquid fuel that can be stored at each place where the person carries on the business.\n(sec.10-ssec.2) Notice required by subsection&#160;(1) shall be given— in the case of a person who at the commencement of this Act, carries on a business that becomes a prescribed business—within 14 days after the business becomes a prescribed business; in the case of a person who, after the commencement of this Act, begins to carry on a prescribed business—within 14 days after the person begins to carry on the business.\n(sec.10-ssec.3) Where a change occurs in any of the particulars contained in a notice given under subsection&#160;(1) the person carrying on the prescribed business to which the notice relates shall within 14 days after the change occurs give to the Minister notice in writing containing particulars of the change.\n(sec.10-ssec.4) A person who ceases to carry on a prescribed business shall, within 14 days after the day on which the person ceases to carry on the business, give to the Minister a notice in writing of the person’s ceasing and the date on which the person ceased to carry on the business.\n(sec.10-ssec.5) A person who being required by this section to give a notice fails to give the notice in accordance with this section commits an offence against this Act. Maximum penalty—$1000.\n- (a) the name of that person and the address and telephone number of each place where the person carries on the business; and\n- (b) the kinds of liquid fuel that can be stored at each place where the person carries on the business; and\n- (c) the quantity of each kind of liquid fuel that can be stored at each place where the person carries on the business.\n- (a) in the case of a person who at the commencement of this Act, carries on a business that becomes a prescribed business—within 14 days after the business becomes a prescribed business;\n- (b) in the case of a person who, after the commencement of this Act, begins to carry on a prescribed business—within 14 days after the person begins to carry on the business.","sortOrder":12},{"sectionNumber":"sec.11","sectionType":"section","heading":"Essential or high priority users of liquid fuel","content":"### sec.11 Essential or high priority users of liquid fuel\n\nAt any time (whether or not during a period of liquid fuel emergency) the Minister may, by notification published in the gazette—\nspecify guidelines to be observed in identifying in relation to a refined liquid petroleum product of a kind specified in the notification persons, associations of persons or classes of persons as essential users or high priority users of that product; and\nvary guidelines specified under this subsection, including guidelines varied by reason of a previous application of this subsection; and\nrevoke guidelines specified under this subsection, including guidelines varied by reason of a previous application of this subsection.\nWithout limiting the powers of the Minister under subsection&#160;(1) , guidelines specified under that subsection for the identification of persons, associations or classes as essential users or high priority users of a refined liquid petroleum product may relate to—\nactivities carried on by those persons, associations or classes outside Queensland; or\nthe likelihood that activities carried on by those persons, associations or classes before being so identified will continue to be carried on by them during any period in relation to which the identification has effect.\nThe Minister may, by instrument in writing—\nidentify any person, association or class as an essential user or as a high priority user of a refined liquid petroleum product of a particular kind; and\nat any time revoke an instrument identifying any person, association or class as such an essential user or a high priority user.\nThe Minister shall not identify any person, association or class as an essential user or as a high priority user of a refined liquid petroleum product of a particular kind unless the identification is in accordance with guidelines specified under subsection&#160;(1) that are in force, in relation to that product, immediately before the person, association or class is so identified.\nThe Minister shall not revoke an instrument identifying any person, association or class as an essential user or a high priority user of a refined liquid petroleum product of a particular kind unless the Minister is satisfied that the person, association or class has ceased to carry on activities by reason of which the person or it could have been identified as such a user of that product at the time the instrument was made.\nWhere the Minister—\nidentifies any person, association or class under subsection&#160;(3) as an essential user or as a high priority user of a refined liquid petroleum product of a particular kind; or\nrevokes under subsection&#160;(3) an instrument identifying any person, association or class as such a user of a refined liquid petroleum product of a particular kind;\nthe Minister shall cause a copy of the instrument of identification or, as the case may be, of revocation to be served on the person, association or class concerned.\n(sec.11-ssec.1) At any time (whether or not during a period of liquid fuel emergency) the Minister may, by notification published in the gazette— specify guidelines to be observed in identifying in relation to a refined liquid petroleum product of a kind specified in the notification persons, associations of persons or classes of persons as essential users or high priority users of that product; and vary guidelines specified under this subsection, including guidelines varied by reason of a previous application of this subsection; and revoke guidelines specified under this subsection, including guidelines varied by reason of a previous application of this subsection.\n(sec.11-ssec.2) Without limiting the powers of the Minister under subsection&#160;(1) , guidelines specified under that subsection for the identification of persons, associations or classes as essential users or high priority users of a refined liquid petroleum product may relate to— activities carried on by those persons, associations or classes outside Queensland; or the likelihood that activities carried on by those persons, associations or classes before being so identified will continue to be carried on by them during any period in relation to which the identification has effect.\n(sec.11-ssec.3) The Minister may, by instrument in writing— identify any person, association or class as an essential user or as a high priority user of a refined liquid petroleum product of a particular kind; and at any time revoke an instrument identifying any person, association or class as such an essential user or a high priority user.\n(sec.11-ssec.4) The Minister shall not identify any person, association or class as an essential user or as a high priority user of a refined liquid petroleum product of a particular kind unless the identification is in accordance with guidelines specified under subsection&#160;(1) that are in force, in relation to that product, immediately before the person, association or class is so identified.\n(sec.11-ssec.5) The Minister shall not revoke an instrument identifying any person, association or class as an essential user or a high priority user of a refined liquid petroleum product of a particular kind unless the Minister is satisfied that the person, association or class has ceased to carry on activities by reason of which the person or it could have been identified as such a user of that product at the time the instrument was made.\n(sec.11-ssec.6) Where the Minister— identifies any person, association or class under subsection&#160;(3) as an essential user or as a high priority user of a refined liquid petroleum product of a particular kind; or revokes under subsection&#160;(3) an instrument identifying any person, association or class as such a user of a refined liquid petroleum product of a particular kind; the Minister shall cause a copy of the instrument of identification or, as the case may be, of revocation to be served on the person, association or class concerned.\n- (a) specify guidelines to be observed in identifying in relation to a refined liquid petroleum product of a kind specified in the notification persons, associations of persons or classes of persons as essential users or high priority users of that product; and\n- (b) vary guidelines specified under this subsection, including guidelines varied by reason of a previous application of this subsection; and\n- (c) revoke guidelines specified under this subsection, including guidelines varied by reason of a previous application of this subsection.\n- (a) activities carried on by those persons, associations or classes outside Queensland; or\n- (b) the likelihood that activities carried on by those persons, associations or classes before being so identified will continue to be carried on by them during any period in relation to which the identification has effect.\n- (a) identify any person, association or class as an essential user or as a high priority user of a refined liquid petroleum product of a particular kind; and\n- (b) at any time revoke an instrument identifying any person, association or class as such an essential user or a high priority user.\n- (a) identifies any person, association or class under subsection&#160;(3) as an essential user or as a high priority user of a refined liquid petroleum product of a particular kind; or\n- (b) revokes under subsection&#160;(3) an instrument identifying any person, association or class as such a user of a refined liquid petroleum product of a particular kind;","sortOrder":13},{"sectionNumber":"sec.12","sectionType":"section","heading":"Bulk customers of relevant persons","content":"### sec.12 Bulk customers of relevant persons\n\nAt any time (whether or not during a period of liquid fuel emergency) the Minister may, by notification published in the gazette—\nspecify guidelines to be observed in identifying persons who or associations of persons that have purchased in bulk or propose to purchase in bulk a refined liquid petroleum product of a kind specified in the notification from a relevant person as bulk customers of that relevant person in relation to that product; and\nvary guidelines specified under this subsection, including guidelines varied by reason of a previous application of this subsection; and\nrevoke guidelines specified under this subsection, including guidelines varied by reason of a previous application of this subsection.\nWithout limiting the powers of the Minister under subsection&#160;(1) , guidelines specified under that subsection may relate to the likelihood that activities carried on by any person or association before being identified as a bulk customer will continue to be carried on by that person or association during the period in relation to which the identification has effect.\nThe Minister may, by instrument in writing—\nidentify any person or association as a bulk customer of a relevant person in relation to a refined liquid petroleum product of a particular kind; and\nat any time revoke an instrument identifying any person or association as such a bulk customer.\nThe Minister shall not identify any person or association as a bulk customer of a particular relevant person in relation to a refined liquid petroleum product of a particular kind unless the identification is in accordance with guidelines specified under subsection&#160;(1) that are in force, in relation to that product, immediately before the person or association is so identified.\nThe Minister shall not revoke an instrument identifying any person or association as a bulk customer of a relevant person in relation to a particular period of emergency and to a refined liquid petroleum product of a particular kind unless the Minister is satisfied that the person or association has ceased to carry on activities by reason of which the person or it could have been identified as such a bulk customer at the time the instrument was made.\nWhere the Minister—\nidentifies any person or association under subsection&#160;(3) as a bulk customer of a relevant person in relation to a refined liquid petroleum product of a particular kind; or\nrevokes under subsection&#160;(3) an instrument identifying any person or association as such a bulk customer;\nthe Minister shall cause a copy of the instrument of identification or, as the case may be, of revocation to be served on the person or association concerned.\n(sec.12-ssec.1) At any time (whether or not during a period of liquid fuel emergency) the Minister may, by notification published in the gazette— specify guidelines to be observed in identifying persons who or associations of persons that have purchased in bulk or propose to purchase in bulk a refined liquid petroleum product of a kind specified in the notification from a relevant person as bulk customers of that relevant person in relation to that product; and vary guidelines specified under this subsection, including guidelines varied by reason of a previous application of this subsection; and revoke guidelines specified under this subsection, including guidelines varied by reason of a previous application of this subsection.\n(sec.12-ssec.2) Without limiting the powers of the Minister under subsection&#160;(1) , guidelines specified under that subsection may relate to the likelihood that activities carried on by any person or association before being identified as a bulk customer will continue to be carried on by that person or association during the period in relation to which the identification has effect.\n(sec.12-ssec.3) The Minister may, by instrument in writing— identify any person or association as a bulk customer of a relevant person in relation to a refined liquid petroleum product of a particular kind; and at any time revoke an instrument identifying any person or association as such a bulk customer.\n(sec.12-ssec.4) The Minister shall not identify any person or association as a bulk customer of a particular relevant person in relation to a refined liquid petroleum product of a particular kind unless the identification is in accordance with guidelines specified under subsection&#160;(1) that are in force, in relation to that product, immediately before the person or association is so identified.\n(sec.12-ssec.5) The Minister shall not revoke an instrument identifying any person or association as a bulk customer of a relevant person in relation to a particular period of emergency and to a refined liquid petroleum product of a particular kind unless the Minister is satisfied that the person or association has ceased to carry on activities by reason of which the person or it could have been identified as such a bulk customer at the time the instrument was made.\n(sec.12-ssec.6) Where the Minister— identifies any person or association under subsection&#160;(3) as a bulk customer of a relevant person in relation to a refined liquid petroleum product of a particular kind; or revokes under subsection&#160;(3) an instrument identifying any person or association as such a bulk customer; the Minister shall cause a copy of the instrument of identification or, as the case may be, of revocation to be served on the person or association concerned.\n- (a) specify guidelines to be observed in identifying persons who or associations of persons that have purchased in bulk or propose to purchase in bulk a refined liquid petroleum product of a kind specified in the notification from a relevant person as bulk customers of that relevant person in relation to that product; and\n- (b) vary guidelines specified under this subsection, including guidelines varied by reason of a previous application of this subsection; and\n- (c) revoke guidelines specified under this subsection, including guidelines varied by reason of a previous application of this subsection.\n- (a) identify any person or association as a bulk customer of a relevant person in relation to a refined liquid petroleum product of a particular kind; and\n- (b) at any time revoke an instrument identifying any person or association as such a bulk customer.\n- (a) identifies any person or association under subsection&#160;(3) as a bulk customer of a relevant person in relation to a refined liquid petroleum product of a particular kind; or\n- (b) revokes under subsection&#160;(3) an instrument identifying any person or association as such a bulk customer;","sortOrder":14},{"sectionNumber":"sec.13","sectionType":"section","heading":"Allocations to bulk customers","content":"### sec.13 Allocations to bulk customers\n\nAt any time (whether or not during a period of liquid fuel emergency) the Minister may, by notification published in the gazette—\nspecify guidelines for the calculation of the quantity of a refined liquid petroleum product of a kind specified in the notification that, in the event of a liquid fuel emergency being proclaimed, would be required to be made available by relevant persons to a person who or association that is a bulk customer of that relevant person in respect of that product; and\nvary guidelines specified under this subsection, including guidelines varied by reason of a previous application of this subsection; and\nrevoke guidelines specified under this subsection, including guidelines varied by virtue of a previous application of this subsection.\n- (a) specify guidelines for the calculation of the quantity of a refined liquid petroleum product of a kind specified in the notification that, in the event of a liquid fuel emergency being proclaimed, would be required to be made available by relevant persons to a person who or association that is a bulk customer of that relevant person in respect of that product; and\n- (b) vary guidelines specified under this subsection, including guidelines varied by reason of a previous application of this subsection; and\n- (c) revoke guidelines specified under this subsection, including guidelines varied by virtue of a previous application of this subsection.","sortOrder":15},{"sectionNumber":"sec.14","sectionType":"section","heading":"Development of bulk allocation procedures","content":"### sec.14 Development of bulk allocation procedures\n\nAt any time (whether or not during a period of liquid fuel emergency) the Minister may, by notification published in the gazette—\nspecify guidelines for the allocation by relevant persons included in a class of relevant person specified in the guidelines of bulk supplies of a refined liquid petroleum product of a kind specified in the notification to persons who or associations that would be likely to be, during the whole or a part of a liquid fuel emergency, bulk customers of those relevant persons in relation to that product; and\nvary guidelines specified under this subsection, including guidelines varied by reason of a previous application of this subsection; and\nrevoke guidelines specified under this subsection, including guidelines varied by reason of a previous application of this subsection.\nThe Minister may, by notification, direct that each relevant person who—\nis included in a class of relevant person in relation to whom guidelines under subsection&#160;(1) are in force; and\nsupplies a refined liquid petroleum product of a kind specified in those guidelines;\nshall furnish to the Minister, by a date specified in the notification and in the form (if any) specified therein, particulars of procedures developed by that relevant person to enable that person to allocate bulk supplies of that product in accordance with those guidelines.\nA notification given under subsection&#160;(2) shall be published in the gazette and in a newspaper that circulates throughout the State or, as the case may be, the part of the State in which the relevant persons to whom it is directed carry on business with a view to all such relevant persons being made aware of the notification.\nIn respect of particulars of procedures furnished to the Minister under subsection&#160;(2) by a relevant person the Minister shall, by notice in writing given to the relevant person—\nif the Minister is satisfied that the procedures will enable the relevant person to allocate bulk supplies of the refined liquid petroleum product concerned in accordance with the guidelines—approve those procedures; or\nif the Minister is not so satisfied—direct the relevant person—\nto make such amendment of the procedures of which particulars have been so furnished as the Minister specifies in the notice;\nto furnish to the Minister, by a date specified in the notice and in the form (if any) specified therein, particulars of the procedures as so amended.\nIn respect of particulars of procedures furnished to the Minister by a relevant person as required by a direction given under subsection&#160;(3) (b) , being procedures amended in the manner specified in the direction, the Minister shall, by notice in writing given to the relevant person, approve the procedures as so amended.\nA relevant person shall not refuse or fail to comply with a direction under subsection&#160;(2) that is applicable to the person or a direction given to the person under subsection&#160;(3) unless that person has reasonable excuse.\nMaximum penalty—\nin the case of a body corporate—$10,000; or\nin the case of an individual—$1000.\n(sec.14-ssec.1) At any time (whether or not during a period of liquid fuel emergency) the Minister may, by notification published in the gazette— specify guidelines for the allocation by relevant persons included in a class of relevant person specified in the guidelines of bulk supplies of a refined liquid petroleum product of a kind specified in the notification to persons who or associations that would be likely to be, during the whole or a part of a liquid fuel emergency, bulk customers of those relevant persons in relation to that product; and vary guidelines specified under this subsection, including guidelines varied by reason of a previous application of this subsection; and revoke guidelines specified under this subsection, including guidelines varied by reason of a previous application of this subsection.\n(sec.14-ssec.2) The Minister may, by notification, direct that each relevant person who— is included in a class of relevant person in relation to whom guidelines under subsection&#160;(1) are in force; and supplies a refined liquid petroleum product of a kind specified in those guidelines; shall furnish to the Minister, by a date specified in the notification and in the form (if any) specified therein, particulars of procedures developed by that relevant person to enable that person to allocate bulk supplies of that product in accordance with those guidelines.\n(sec.14-ssec.2A) A notification given under subsection&#160;(2) shall be published in the gazette and in a newspaper that circulates throughout the State or, as the case may be, the part of the State in which the relevant persons to whom it is directed carry on business with a view to all such relevant persons being made aware of the notification.\n(sec.14-ssec.3) In respect of particulars of procedures furnished to the Minister under subsection&#160;(2) by a relevant person the Minister shall, by notice in writing given to the relevant person— if the Minister is satisfied that the procedures will enable the relevant person to allocate bulk supplies of the refined liquid petroleum product concerned in accordance with the guidelines—approve those procedures; or if the Minister is not so satisfied—direct the relevant person— to make such amendment of the procedures of which particulars have been so furnished as the Minister specifies in the notice; to furnish to the Minister, by a date specified in the notice and in the form (if any) specified therein, particulars of the procedures as so amended.\n(sec.14-ssec.4) In respect of particulars of procedures furnished to the Minister by a relevant person as required by a direction given under subsection&#160;(3) (b) , being procedures amended in the manner specified in the direction, the Minister shall, by notice in writing given to the relevant person, approve the procedures as so amended.\n(sec.14-ssec.5) A relevant person shall not refuse or fail to comply with a direction under subsection&#160;(2) that is applicable to the person or a direction given to the person under subsection&#160;(3) unless that person has reasonable excuse. Maximum penalty— in the case of a body corporate—$10,000; or in the case of an individual—$1000.\n- (a) specify guidelines for the allocation by relevant persons included in a class of relevant person specified in the guidelines of bulk supplies of a refined liquid petroleum product of a kind specified in the notification to persons who or associations that would be likely to be, during the whole or a part of a liquid fuel emergency, bulk customers of those relevant persons in relation to that product; and\n- (b) vary guidelines specified under this subsection, including guidelines varied by reason of a previous application of this subsection; and\n- (c) revoke guidelines specified under this subsection, including guidelines varied by reason of a previous application of this subsection.\n- (a) is included in a class of relevant person in relation to whom guidelines under subsection&#160;(1) are in force; and\n- (b) supplies a refined liquid petroleum product of a kind specified in those guidelines;\n- (a) if the Minister is satisfied that the procedures will enable the relevant person to allocate bulk supplies of the refined liquid petroleum product concerned in accordance with the guidelines—approve those procedures; or\n- (b) if the Minister is not so satisfied—direct the relevant person— (i) to make such amendment of the procedures of which particulars have been so furnished as the Minister specifies in the notice; (ii) to furnish to the Minister, by a date specified in the notice and in the form (if any) specified therein, particulars of the procedures as so amended.\n- (i) to make such amendment of the procedures of which particulars have been so furnished as the Minister specifies in the notice;\n- (ii) to furnish to the Minister, by a date specified in the notice and in the form (if any) specified therein, particulars of the procedures as so amended.\n- (i) to make such amendment of the procedures of which particulars have been so furnished as the Minister specifies in the notice;\n- (ii) to furnish to the Minister, by a date specified in the notice and in the form (if any) specified therein, particulars of the procedures as so amended.\n- (a) in the case of a body corporate—$10,000; or\n- (b) in the case of an individual—$1000.","sortOrder":16},{"sectionNumber":"sec.15","sectionType":"section","heading":"Regulation or prohibition of supply of liquid fuel","content":"### sec.15 Regulation or prohibition of supply of liquid fuel\n\nThe Minister may, by notification published in the gazette—\nspecify guidelines for the giving of directions, in the event of a liquid fuel emergency being proclaimed, for regulating or prohibiting the supply by relevant persons in the course of business of a refined liquid petroleum product of a kind specified in the notification; and\nvary guidelines specified under this section, including guidelines varied by reason of a previous application of this section; and\nrevoke guidelines specified under this section, including guidelines varied by reason of a previous application of this section.\n- (a) specify guidelines for the giving of directions, in the event of a liquid fuel emergency being proclaimed, for regulating or prohibiting the supply by relevant persons in the course of business of a refined liquid petroleum product of a kind specified in the notification; and\n- (b) vary guidelines specified under this section, including guidelines varied by reason of a previous application of this section; and\n- (c) revoke guidelines specified under this section, including guidelines varied by reason of a previous application of this section.","sortOrder":17},{"sectionNumber":"sec.16","sectionType":"section","heading":"Maintenance of reserves","content":"### sec.16 Maintenance of reserves\n\nThe Minister may, by notification published in the gazette—\nspecify guidelines for determining in relation to a liquid fuel of a particular kind—\nthe quantity of reserve supply of liquid fuel of that kind—\nthat should be accumulated in Queensland by relevant persons before the proclamation of a liquid fuel emergency; or\nthat should be maintained in Queensland by relevant persons at all times before the proclamation of a liquid fuel emergency;\nthe places in Queensland at which relevant persons should be required to keep the whole or any part of a reserve supply of liquid fuel of that kind, which they accumulate or maintain before the proclamation of a liquid fuel emergency;\nthe period within which relevant persons should accumulate particular quantities of a reserve supply of liquid fuel of that kind at particular places before the proclamation of a liquid fuel emergency; and\nvary guidelines specified under this subsection, including guidelines varied by reason of a previous application of this subsection; and\nrevoke guidelines specified under this subsection, including guidelines varied by reason of a previous application of this subsection.\n- (a) specify guidelines for determining in relation to a liquid fuel of a particular kind— (i) the quantity of reserve supply of liquid fuel of that kind— (A) that should be accumulated in Queensland by relevant persons before the proclamation of a liquid fuel emergency; or (B) that should be maintained in Queensland by relevant persons at all times before the proclamation of a liquid fuel emergency; (ii) the places in Queensland at which relevant persons should be required to keep the whole or any part of a reserve supply of liquid fuel of that kind, which they accumulate or maintain before the proclamation of a liquid fuel emergency; (iii) the period within which relevant persons should accumulate particular quantities of a reserve supply of liquid fuel of that kind at particular places before the proclamation of a liquid fuel emergency; and\n- (i) the quantity of reserve supply of liquid fuel of that kind— (A) that should be accumulated in Queensland by relevant persons before the proclamation of a liquid fuel emergency; or (B) that should be maintained in Queensland by relevant persons at all times before the proclamation of a liquid fuel emergency;\n- (A) that should be accumulated in Queensland by relevant persons before the proclamation of a liquid fuel emergency; or\n- (B) that should be maintained in Queensland by relevant persons at all times before the proclamation of a liquid fuel emergency;\n- (ii) the places in Queensland at which relevant persons should be required to keep the whole or any part of a reserve supply of liquid fuel of that kind, which they accumulate or maintain before the proclamation of a liquid fuel emergency;\n- (iii) the period within which relevant persons should accumulate particular quantities of a reserve supply of liquid fuel of that kind at particular places before the proclamation of a liquid fuel emergency; and\n- (b) vary guidelines specified under this subsection, including guidelines varied by reason of a previous application of this subsection; and\n- (c) revoke guidelines specified under this subsection, including guidelines varied by reason of a previous application of this subsection.\n- (i) the quantity of reserve supply of liquid fuel of that kind— (A) that should be accumulated in Queensland by relevant persons before the proclamation of a liquid fuel emergency; or (B) that should be maintained in Queensland by relevant persons at all times before the proclamation of a liquid fuel emergency;\n- (A) that should be accumulated in Queensland by relevant persons before the proclamation of a liquid fuel emergency; or\n- (B) that should be maintained in Queensland by relevant persons at all times before the proclamation of a liquid fuel emergency;\n- (ii) the places in Queensland at which relevant persons should be required to keep the whole or any part of a reserve supply of liquid fuel of that kind, which they accumulate or maintain before the proclamation of a liquid fuel emergency;\n- (iii) the period within which relevant persons should accumulate particular quantities of a reserve supply of liquid fuel of that kind at particular places before the proclamation of a liquid fuel emergency; and\n- (A) that should be accumulated in Queensland by relevant persons before the proclamation of a liquid fuel emergency; or\n- (B) that should be maintained in Queensland by relevant persons at all times before the proclamation of a liquid fuel emergency;","sortOrder":18},{"sectionNumber":"sec.17","sectionType":"section","heading":"Directions to create and maintain reserves","content":"### sec.17 Directions to create and maintain reserves\n\nThe Minister may, by notice in writing served upon a relevant person, direct that person—\nto accumulate, by a date specified in the notice such quantities as are specified therein of reserve supply of liquid fuel of a kind specified therein and at all times thereafter to maintain such quantities as are specified therein of reserve supply of liquid fuel of that kind at such places in Queensland as are specified in the notice;\nto maintain at all times after a date specified in the notice at such places in Queensland as are specified therein, such quantities as are specified therein of reserve supply of liquid fuel of a kind specified in the notice.\nA relevant person shall not refuse or fail to comply with a direction given to the person under subsection&#160;(1) unless that person has reasonable excuse.\nMaximum penalty—\nin the case of a body corporate—$10,000; or\nin the case of an individual—$1000.\nThe Minister may, to meet temporary circumstances, in writing, authorise a relevant person who is required by a notice under subsection&#160;(1) to maintain at a particular place a particular quantity of a reserve supply of a liquid fuel of a particular kind to maintain at that place during a period specified in the authority a less quantity specified in the authority of a reserve supply of that liquid fuel.\nThe maintenance by a relevant person of a quantity of a reserve supply of liquid fuel of a particular kind at a particular place at a particular time in accordance with an authority given to that relevant person under subsection&#160;(3) shall be sufficient compliance by that relevant person with a requirement that the person should maintain a reserve supply of that liquid fuel at that place at that time imposed on the person under subsection&#160;(2) .\n(sec.17-ssec.1) The Minister may, by notice in writing served upon a relevant person, direct that person— to accumulate, by a date specified in the notice such quantities as are specified therein of reserve supply of liquid fuel of a kind specified therein and at all times thereafter to maintain such quantities as are specified therein of reserve supply of liquid fuel of that kind at such places in Queensland as are specified in the notice; to maintain at all times after a date specified in the notice at such places in Queensland as are specified therein, such quantities as are specified therein of reserve supply of liquid fuel of a kind specified in the notice.\n(sec.17-ssec.2) A relevant person shall not refuse or fail to comply with a direction given to the person under subsection&#160;(1) unless that person has reasonable excuse. Maximum penalty— in the case of a body corporate—$10,000; or in the case of an individual—$1000.\n(sec.17-ssec.3) The Minister may, to meet temporary circumstances, in writing, authorise a relevant person who is required by a notice under subsection&#160;(1) to maintain at a particular place a particular quantity of a reserve supply of a liquid fuel of a particular kind to maintain at that place during a period specified in the authority a less quantity specified in the authority of a reserve supply of that liquid fuel.\n(sec.17-ssec.4) The maintenance by a relevant person of a quantity of a reserve supply of liquid fuel of a particular kind at a particular place at a particular time in accordance with an authority given to that relevant person under subsection&#160;(3) shall be sufficient compliance by that relevant person with a requirement that the person should maintain a reserve supply of that liquid fuel at that place at that time imposed on the person under subsection&#160;(2) .\n- (a) to accumulate, by a date specified in the notice such quantities as are specified therein of reserve supply of liquid fuel of a kind specified therein and at all times thereafter to maintain such quantities as are specified therein of reserve supply of liquid fuel of that kind at such places in Queensland as are specified in the notice;\n- (b) to maintain at all times after a date specified in the notice at such places in Queensland as are specified therein, such quantities as are specified therein of reserve supply of liquid fuel of a kind specified in the notice.\n- (a) in the case of a body corporate—$10,000; or\n- (b) in the case of an individual—$1000.","sortOrder":19},{"sectionNumber":"sec.18","sectionType":"section","heading":"Directions not controlled by guidelines","content":"### sec.18 Directions not controlled by guidelines\n\nA direction given under section&#160;17 or under any other part of this Act—\nmay be given notwithstanding that there are no relevant guidelines specified under this part; and\nshall be validly given and be of force and effect whether or not it is in accordance with relevant guidelines specified under this part.\n- (a) may be given notwithstanding that there are no relevant guidelines specified under this part; and\n- (b) shall be validly given and be of force and effect whether or not it is in accordance with relevant guidelines specified under this part.","sortOrder":20},{"sectionNumber":"pt.4","sectionType":"part","heading":"Powers in event of shortage or anticipated shortage of liquid fuel","content":"# Powers in event of shortage or anticipated shortage of liquid fuel","sortOrder":21},{"sectionNumber":"sec.19","sectionType":"section","heading":"Directed release and sale of liquid fuel","content":"### sec.19 Directed release and sale of liquid fuel\n\nIf the Minister is satisfied—\nthat there is a shortage of liquid fuel of a particular kind; or\nthat there is reason to anticipate a shortage of liquid fuel of a particular kind;\nthe Minister may, by notice in writing served on a relevant person, direct that the relevant person shall in the course of the person’s business take all such measures as are necessary to make such quantity as is specified in the notice of liquid fuel of that kind available for purchase, on or before such date as is specified therein at such place or places as is or are specified therein, by such person or persons or members of such class of person as is or are specified in the notice.\nA direction under subsection&#160;(1) may provide that the price at which the liquid fuel of the kind to which it relates shall be available for purchase shall be such as is agreed by the relevant person concerned and the purchaser or, in the absence of agreement, as is determined by the Minister and declared in writing by the Minister.\nA relevant person shall not refuse or fail to comply with any particular of a direction given to the person under subsection&#160;(1) unless that person has reasonable excuse.\nMaximum penalty—\nin the case of a body corporate—$10,000; or\nin the case of an individual—$1000.\n(sec.19-ssec.1) If the Minister is satisfied— that there is a shortage of liquid fuel of a particular kind; or that there is reason to anticipate a shortage of liquid fuel of a particular kind; the Minister may, by notice in writing served on a relevant person, direct that the relevant person shall in the course of the person’s business take all such measures as are necessary to make such quantity as is specified in the notice of liquid fuel of that kind available for purchase, on or before such date as is specified therein at such place or places as is or are specified therein, by such person or persons or members of such class of person as is or are specified in the notice.\n(sec.19-ssec.2) A direction under subsection&#160;(1) may provide that the price at which the liquid fuel of the kind to which it relates shall be available for purchase shall be such as is agreed by the relevant person concerned and the purchaser or, in the absence of agreement, as is determined by the Minister and declared in writing by the Minister.\n(sec.19-ssec.3) A relevant person shall not refuse or fail to comply with any particular of a direction given to the person under subsection&#160;(1) unless that person has reasonable excuse. Maximum penalty— in the case of a body corporate—$10,000; or in the case of an individual—$1000.\n- (a) that there is a shortage of liquid fuel of a particular kind; or\n- (b) that there is reason to anticipate a shortage of liquid fuel of a particular kind;\n- (a) in the case of a body corporate—$10,000; or\n- (b) in the case of an individual—$1000.","sortOrder":22},{"sectionNumber":"sec.20","sectionType":"section","heading":"Output from refineries","content":"### sec.20 Output from refineries\n\nIf the Minister is satisfied—\nthat there is a shortage of liquid fuel of a particular kind; or\nthat there is reason to anticipate a shortage of liquid fuel of a particular kind;\nthe Minister may, by notice in writing served on a relevant person who is engaged in the production or refining of liquid fuel of that kind, direct that the relevant person produce or refine in Queensland, during a period specified in the notice, such quantity of liquid fuel of that kind as is specified in the notice.\nA relevant person shall not refuse or fail to comply with a direction given to the person under subsection&#160;(1) unless that person has reasonable excuse.\nMaximum penalty—\nin the case of a body corporate—$10,000; or\nin the case of an individual—$1000.\n(sec.20-ssec.1) If the Minister is satisfied— that there is a shortage of liquid fuel of a particular kind; or that there is reason to anticipate a shortage of liquid fuel of a particular kind; the Minister may, by notice in writing served on a relevant person who is engaged in the production or refining of liquid fuel of that kind, direct that the relevant person produce or refine in Queensland, during a period specified in the notice, such quantity of liquid fuel of that kind as is specified in the notice.\n(sec.20-ssec.2) A relevant person shall not refuse or fail to comply with a direction given to the person under subsection&#160;(1) unless that person has reasonable excuse. Maximum penalty— in the case of a body corporate—$10,000; or in the case of an individual—$1000.\n- (a) that there is a shortage of liquid fuel of a particular kind; or\n- (b) that there is reason to anticipate a shortage of liquid fuel of a particular kind;\n- (a) in the case of a body corporate—$10,000; or\n- (b) in the case of an individual—$1000.","sortOrder":23},{"sectionNumber":"sec.21","sectionType":"section","heading":"Directed transfer of liquid fuel","content":"### sec.21 Directed transfer of liquid fuel\n\nIf the Minister is satisfied—\nthat there is a shortage of liquid fuel of a particular kind; or\nthat there is reason to anticipate a shortage of liquid fuel of a particular kind;\nthe Minister may, by notice in writing served on a relevant person, direct that the relevant person shall cause such quantity of liquid fuel of that kind as is specified in the notice to be transferred from supplies of liquid fuel of that kind held by the relevant person at a place in Queensland specified in the notice to another place in Queensland where the relevant person has facilities adequate to hold the quantity of liquid fuel of that kind to be transferred.\nA relevant person shall not refuse or fail to comply with a direction given to the person under subsection&#160;(1) unless that person has reasonable excuse.\nMaximum penalty—\nin the case of a body corporate—$10,000; or\nin the case of an individual—$1000.\n(sec.21-ssec.1) If the Minister is satisfied— that there is a shortage of liquid fuel of a particular kind; or that there is reason to anticipate a shortage of liquid fuel of a particular kind; the Minister may, by notice in writing served on a relevant person, direct that the relevant person shall cause such quantity of liquid fuel of that kind as is specified in the notice to be transferred from supplies of liquid fuel of that kind held by the relevant person at a place in Queensland specified in the notice to another place in Queensland where the relevant person has facilities adequate to hold the quantity of liquid fuel of that kind to be transferred.\n(sec.21-ssec.2) A relevant person shall not refuse or fail to comply with a direction given to the person under subsection&#160;(1) unless that person has reasonable excuse. Maximum penalty— in the case of a body corporate—$10,000; or in the case of an individual—$1000.\n- (a) that there is a shortage of liquid fuel of a particular kind; or\n- (b) that there is reason to anticipate a shortage of liquid fuel of a particular kind;\n- (a) in the case of a body corporate—$10,000; or\n- (b) in the case of an individual—$1000.","sortOrder":24},{"sectionNumber":"sec.22","sectionType":"section","heading":"Shortage may be general or restricted","content":"### sec.22 Shortage may be general or restricted\n\nIn this part a reference to a shortage of liquid fuel of a particular kind includes a shortage throughout Queensland of liquid fuel of that kind and a shortage in any part or parts of the State of liquid fuel of that kind.","sortOrder":25},{"sectionNumber":"pt.5","sectionType":"part","heading":"Liquid fuel emergency","content":"# Liquid fuel emergency","sortOrder":26},{"sectionNumber":"sec.23","sectionType":"section","heading":"Proclamation of emergency","content":"### sec.23 Proclamation of emergency\n\nWhere, in the opinion of the Governor in Council, circumstances have arisen or are likely to arise, such as to have caused or to be likely to cause a shortage of liquid fuel, the Governor may, by proclamation, declare that an emergency exists in relation to liquid fuel generally or to liquid fuel of the particular kind or kinds specified in the proclamation.\nA proclamation may be made under subsection&#160;(1) in respect of the whole State or in respect of such part or parts of the State as is or are specified in the proclamation.\nA proclamation made under subsection&#160;(1) shall, unless it is sooner revoked by a further proclamation, be in force for the period specified therein, but not exceeding 30 days from the date of its publication in the gazette, and the period for which a proclamation is in force (including all extensions thereof) is in this Act referred to as a period of emergency.\nA period of emergency may from time to time be extended by a further proclamation made before the expiration of that period specified therein but not exceeding 30 days in the case of any such further proclamation.\n(sec.23-ssec.1) Where, in the opinion of the Governor in Council, circumstances have arisen or are likely to arise, such as to have caused or to be likely to cause a shortage of liquid fuel, the Governor may, by proclamation, declare that an emergency exists in relation to liquid fuel generally or to liquid fuel of the particular kind or kinds specified in the proclamation.\n(sec.23-ssec.2) A proclamation may be made under subsection&#160;(1) in respect of the whole State or in respect of such part or parts of the State as is or are specified in the proclamation.\n(sec.23-ssec.3) A proclamation made under subsection&#160;(1) shall, unless it is sooner revoked by a further proclamation, be in force for the period specified therein, but not exceeding 30 days from the date of its publication in the gazette, and the period for which a proclamation is in force (including all extensions thereof) is in this Act referred to as a period of emergency.\n(sec.23-ssec.4) A period of emergency may from time to time be extended by a further proclamation made before the expiration of that period specified therein but not exceeding 30 days in the case of any such further proclamation.","sortOrder":27},{"sectionNumber":"sec.24","sectionType":"section","heading":"Ministerial control during emergency","content":"### sec.24 Ministerial control during emergency\n\nDuring a period of emergency the Minister may assume control of the extraction, production, supply, distribution, sale, purchase, use, consumption and storage of liquid fuel in relation to which the emergency is declared to exist and therein may—\nprovide, operate, control, regulate and direct any service, whether by way of continuation of a service previously provided or by way of provision of a service in a modified form or by way of provision of a new service; and\nemploy such persons as the Minister considers necessary to the proper exercise of the Minister’s powers.\nWithout limiting the generality of the powers conferred by subsection&#160;(1) , the Minister may in writing—\ngive such directions as in the Minister’s opinion are necessary to control, restrict or prohibit the extraction, production, supply, distribution, sale, purchase, use, consumption or storage of liquid fuel in relation to which the emergency is declared to exist;\ndirect a person who extracts, produces, transports or distributes liquid fuel referred to in paragraph&#160;(a) to extract or produce it for or to transport or distribute it to the person or persons specified therein;\ndirect a person concerned with the extraction, production, supply, distribution, sale, purchase, use, consumption or storage of liquid fuel referred to in paragraph&#160;(a) to comply with the conditions specified therein in respect thereof;\ndirect a person to whom liquid fuel referred to in paragraph&#160;(a) is supplied to accept the liquid fuel;\nin relation to services provided or to be provided in connection with the extraction, production, supply, distribution, sale, purchase, use, consumption or storage of liquid fuel referred to in paragraph&#160;(a) —\ndirect which of those services shall be maintained or provided and the extent to which and the conditions on which they shall be maintained or provided;\ndirect at what times and places and upon what conditions and in what manner those services may be provided or availed of;\nprohibit the provision of those services except with the consent of the Minister;\nrequisition the use of land, buildings, structures, equipment and utensils used or that may be used effectually in the provision of services referred to in paragraph&#160;(e) ;\nprovide for or control, by direction, prohibition or requisition, the operation, use, disposal, distribution, storage, upkeep, repair and maintenance of any property, commodity, equipment or utensil used or that may be used in the provision of services referred to in paragraph&#160;(e) ;\nauthorise a person specified therein to enter upon and into any land, building or structure used or that may be used effectually in the provision of services referred to in paragraph&#160;(e) with a view to exercising all or any of the powers conferred by subsection&#160;(1) ;\nprovide, by direction, prohibition or requisition, for any matter incidental to the exercise of the powers conferred by subsection&#160;(1) ;\nrevoke or vary any writing previously issued by the Minister under this section.\nThe following provisions apply in respect of a direction given under subsection&#160;(2) —\nit may be directed to a person specified therein, to all members of a class of person specified therein or to the members of the public;\nit may be expressed to have force throughout the whole State or within such part or parts of the State as is or are specified therein;\nit may have force for the period specified therein or upon the occasions specified therein or without limit of time;\nprovided that no direction shall have force beyond the period of emergency for the purposes of which it was issued;\nwhere the terms of the direction, being such as is referred to in subsection&#160;(2) (e) (ii) are inconsistent with the terms of an order made by the Full Bench of the Industrial Commission under the Industrial Relations Act 2016 or with the provisions of any Act with respect to trading hours in shops, then while the direction continues to have force, its terms shall prevail and the terms of the order or the provisions of the Act , as the case may be, shall to the extent of the inconsistency cease to have force or effect.\nThe termination of a direction given under this section shall not affect the previous operation thereof or the validity of any action taken thereunder prior to its termination and any investigation concerning an alleged refusal or failure to comply therewith prior to its termination may be instituted or continued and a penalty, forfeiture or punishment may be imposed and exacted in respect of such a refusal or failure to comply therewith as if the direction had not terminated.\nA person to whom a direction under this section is directed shall not refuse or fail to comply with the direction.\nMaximum penalty—\nin the case of a body corporate—$10,000; or\nin the case of an individual—$1000.\nIf a refusal or failure to comply with a direction issued under this section consists in doing or in refusing or failing to do an act in respect of liquid fuel then upon convicting a person of the offence thereby constituted the court may, in addition to any penalty imposed, order that the liquid fuel in respect of which the offence was committed be forfeited to the Crown.\nAll liquid fuel so forfeited shall be applied—\nif the emergency declared to exist in relation to that liquid fuel continues in being—in relieving that emergency in such manner as the Minister directs; or\nin any other case—in such manner as the Minister directs.\ns&#160;24 amd 1999 No.&#160;33 s&#160;747 sch&#160;3 ; 2016 No.&#160;63 s&#160;1157 sch&#160;6\n(sec.24-ssec.1) During a period of emergency the Minister may assume control of the extraction, production, supply, distribution, sale, purchase, use, consumption and storage of liquid fuel in relation to which the emergency is declared to exist and therein may— provide, operate, control, regulate and direct any service, whether by way of continuation of a service previously provided or by way of provision of a service in a modified form or by way of provision of a new service; and employ such persons as the Minister considers necessary to the proper exercise of the Minister’s powers.\n(sec.24-ssec.2) Without limiting the generality of the powers conferred by subsection&#160;(1) , the Minister may in writing— give such directions as in the Minister’s opinion are necessary to control, restrict or prohibit the extraction, production, supply, distribution, sale, purchase, use, consumption or storage of liquid fuel in relation to which the emergency is declared to exist; direct a person who extracts, produces, transports or distributes liquid fuel referred to in paragraph&#160;(a) to extract or produce it for or to transport or distribute it to the person or persons specified therein; direct a person concerned with the extraction, production, supply, distribution, sale, purchase, use, consumption or storage of liquid fuel referred to in paragraph&#160;(a) to comply with the conditions specified therein in respect thereof; direct a person to whom liquid fuel referred to in paragraph&#160;(a) is supplied to accept the liquid fuel; in relation to services provided or to be provided in connection with the extraction, production, supply, distribution, sale, purchase, use, consumption or storage of liquid fuel referred to in paragraph&#160;(a) — direct which of those services shall be maintained or provided and the extent to which and the conditions on which they shall be maintained or provided; direct at what times and places and upon what conditions and in what manner those services may be provided or availed of; prohibit the provision of those services except with the consent of the Minister; requisition the use of land, buildings, structures, equipment and utensils used or that may be used effectually in the provision of services referred to in paragraph&#160;(e) ; provide for or control, by direction, prohibition or requisition, the operation, use, disposal, distribution, storage, upkeep, repair and maintenance of any property, commodity, equipment or utensil used or that may be used in the provision of services referred to in paragraph&#160;(e) ; authorise a person specified therein to enter upon and into any land, building or structure used or that may be used effectually in the provision of services referred to in paragraph&#160;(e) with a view to exercising all or any of the powers conferred by subsection&#160;(1) ; provide, by direction, prohibition or requisition, for any matter incidental to the exercise of the powers conferred by subsection&#160;(1) ; revoke or vary any writing previously issued by the Minister under this section.\n(sec.24-ssec.3) The following provisions apply in respect of a direction given under subsection&#160;(2) — it may be directed to a person specified therein, to all members of a class of person specified therein or to the members of the public; it may be expressed to have force throughout the whole State or within such part or parts of the State as is or are specified therein; it may have force for the period specified therein or upon the occasions specified therein or without limit of time; provided that no direction shall have force beyond the period of emergency for the purposes of which it was issued; where the terms of the direction, being such as is referred to in subsection&#160;(2) (e) (ii) are inconsistent with the terms of an order made by the Full Bench of the Industrial Commission under the Industrial Relations Act 2016 or with the provisions of any Act with respect to trading hours in shops, then while the direction continues to have force, its terms shall prevail and the terms of the order or the provisions of the Act , as the case may be, shall to the extent of the inconsistency cease to have force or effect.\n(sec.24-ssec.4) The termination of a direction given under this section shall not affect the previous operation thereof or the validity of any action taken thereunder prior to its termination and any investigation concerning an alleged refusal or failure to comply therewith prior to its termination may be instituted or continued and a penalty, forfeiture or punishment may be imposed and exacted in respect of such a refusal or failure to comply therewith as if the direction had not terminated.\n(sec.24-ssec.5) A person to whom a direction under this section is directed shall not refuse or fail to comply with the direction. Maximum penalty— in the case of a body corporate—$10,000; or in the case of an individual—$1000.\n(sec.24-ssec.6) If a refusal or failure to comply with a direction issued under this section consists in doing or in refusing or failing to do an act in respect of liquid fuel then upon convicting a person of the offence thereby constituted the court may, in addition to any penalty imposed, order that the liquid fuel in respect of which the offence was committed be forfeited to the Crown.\n(sec.24-ssec.7) All liquid fuel so forfeited shall be applied— if the emergency declared to exist in relation to that liquid fuel continues in being—in relieving that emergency in such manner as the Minister directs; or in any other case—in such manner as the Minister directs.\n- (a) provide, operate, control, regulate and direct any service, whether by way of continuation of a service previously provided or by way of provision of a service in a modified form or by way of provision of a new service; and\n- (b) employ such persons as the Minister considers necessary to the proper exercise of the Minister’s powers.\n- (a) give such directions as in the Minister’s opinion are necessary to control, restrict or prohibit the extraction, production, supply, distribution, sale, purchase, use, consumption or storage of liquid fuel in relation to which the emergency is declared to exist;\n- (b) direct a person who extracts, produces, transports or distributes liquid fuel referred to in paragraph&#160;(a) to extract or produce it for or to transport or distribute it to the person or persons specified therein;\n- (c) direct a person concerned with the extraction, production, supply, distribution, sale, purchase, use, consumption or storage of liquid fuel referred to in paragraph&#160;(a) to comply with the conditions specified therein in respect thereof;\n- (d) direct a person to whom liquid fuel referred to in paragraph&#160;(a) is supplied to accept the liquid fuel;\n- (e) in relation to services provided or to be provided in connection with the extraction, production, supply, distribution, sale, purchase, use, consumption or storage of liquid fuel referred to in paragraph&#160;(a) — (i) direct which of those services shall be maintained or provided and the extent to which and the conditions on which they shall be maintained or provided; (ii) direct at what times and places and upon what conditions and in what manner those services may be provided or availed of; (iii) prohibit the provision of those services except with the consent of the Minister;\n- (i) direct which of those services shall be maintained or provided and the extent to which and the conditions on which they shall be maintained or provided;\n- (ii) direct at what times and places and upon what conditions and in what manner those services may be provided or availed of;\n- (iii) prohibit the provision of those services except with the consent of the Minister;\n- (f) requisition the use of land, buildings, structures, equipment and utensils used or that may be used effectually in the provision of services referred to in paragraph&#160;(e) ;\n- (g) provide for or control, by direction, prohibition or requisition, the operation, use, disposal, distribution, storage, upkeep, repair and maintenance of any property, commodity, equipment or utensil used or that may be used in the provision of services referred to in paragraph&#160;(e) ;\n- (h) authorise a person specified therein to enter upon and into any land, building or structure used or that may be used effectually in the provision of services referred to in paragraph&#160;(e) with a view to exercising all or any of the powers conferred by subsection&#160;(1) ;\n- (i) provide, by direction, prohibition or requisition, for any matter incidental to the exercise of the powers conferred by subsection&#160;(1) ;\n- (j) revoke or vary any writing previously issued by the Minister under this section.\n- (i) direct which of those services shall be maintained or provided and the extent to which and the conditions on which they shall be maintained or provided;\n- (ii) direct at what times and places and upon what conditions and in what manner those services may be provided or availed of;\n- (iii) prohibit the provision of those services except with the consent of the Minister;\n- (a) it may be directed to a person specified therein, to all members of a class of person specified therein or to the members of the public;\n- (b) it may be expressed to have force throughout the whole State or within such part or parts of the State as is or are specified therein;\n- (c) it may have force for the period specified therein or upon the occasions specified therein or without limit of time;\n- (d) where the terms of the direction, being such as is referred to in subsection&#160;(2) (e) (ii) are inconsistent with the terms of an order made by the Full Bench of the Industrial Commission under the Industrial Relations Act 2016 or with the provisions of any Act with respect to trading hours in shops, then while the direction continues to have force, its terms shall prevail and the terms of the order or the provisions of the Act , as the case may be, shall to the extent of the inconsistency cease to have force or effect.\n- (a) in the case of a body corporate—$10,000; or\n- (b) in the case of an individual—$1000.\n- (a) if the emergency declared to exist in relation to that liquid fuel continues in being—in relieving that emergency in such manner as the Minister directs; or\n- (b) in any other case—in such manner as the Minister directs.","sortOrder":28},{"sectionNumber":"sec.25","sectionType":"section","heading":"Permits","content":"### sec.25 Permits\n\nDuring a period of emergency the Minister may issue a permit to any person for the purchase of liquid fuel in relation to which the emergency is declared to exist, if the Minister is satisfied that it is in the public interest to do so.\nA permit under subsection&#160;(1) may be issued subject to—\nconditions of limitation, by reference to a specified maximum quantity of liquid fuel authorised to be purchased pursuant to the permit, by reference to the requirement to deliver up coupons upon the purchase of liquid fuel pursuant to the permit, or by reference to such other means as are specified therein; and\nsuch other conditions as the Minister thinks fit and specifies therein.\nA permit issued under subsection&#160;(1) shall cease to be of any validity upon the expiration of the period of emergency during which it was issued or upon the cancellation of the permit under section&#160;28 .\n(sec.25-ssec.1) During a period of emergency the Minister may issue a permit to any person for the purchase of liquid fuel in relation to which the emergency is declared to exist, if the Minister is satisfied that it is in the public interest to do so.\n(sec.25-ssec.2) A permit under subsection&#160;(1) may be issued subject to— conditions of limitation, by reference to a specified maximum quantity of liquid fuel authorised to be purchased pursuant to the permit, by reference to the requirement to deliver up coupons upon the purchase of liquid fuel pursuant to the permit, or by reference to such other means as are specified therein; and such other conditions as the Minister thinks fit and specifies therein.\n(sec.25-ssec.3) A permit issued under subsection&#160;(1) shall cease to be of any validity upon the expiration of the period of emergency during which it was issued or upon the cancellation of the permit under section&#160;28 .\n- (a) conditions of limitation, by reference to a specified maximum quantity of liquid fuel authorised to be purchased pursuant to the permit, by reference to the requirement to deliver up coupons upon the purchase of liquid fuel pursuant to the permit, or by reference to such other means as are specified therein; and\n- (b) such other conditions as the Minister thinks fit and specifies therein.","sortOrder":29},{"sectionNumber":"sec.26","sectionType":"section","heading":"Application for permit","content":"### sec.26 Application for permit\n\nA person desirous of obtaining a permit shall make application to the Minister in the approved form.\nA person shall not, in connection with an application by the person for a permit, make a statement or representation that is false or misleading in a material particular.\nMaximum penalty—$2000 or 3 months imprisonment.\nIt is a defence to a charge of the offence defined in subsection&#160;(2) that the defendant did not know and could not by the exercise of reasonable diligence have ascertained that the statement or representation was false or misleading.\ns&#160;26 amd 2015 No.&#160;31 s&#160;5\n(sec.26-ssec.1) A person desirous of obtaining a permit shall make application to the Minister in the approved form.\n(sec.26-ssec.2) A person shall not, in connection with an application by the person for a permit, make a statement or representation that is false or misleading in a material particular. Maximum penalty—$2000 or 3 months imprisonment.\n(sec.26-ssec.3) It is a defence to a charge of the offence defined in subsection&#160;(2) that the defendant did not know and could not by the exercise of reasonable diligence have ascertained that the statement or representation was false or misleading.","sortOrder":30},{"sectionNumber":"sec.27","sectionType":"section","heading":"Offences in respect of permits","content":"### sec.27 Offences in respect of permits\n\nA person shall not contravene or fail to comply with a condition specified in a permit issued to the person or specified in a permit issued to another person on whose behalf the person is acting on a particular occasion.\nMaximum penalty—$1000.\nA permit is not transferable.\nA person shall not, by delivery or otherwise, purport to transfer to another person a permit or the entitlements conferred on the person as a person to whom a permit is issued.\nMaximum penalty—$1000.\nDuring a period of emergency a person shall, while in charge of a vehicle, vessel or aircraft to which liquid fuel in relation to which the emergency is declared to exist has been supplied pursuant to a permit—\ncarry the permit with him or her in the vehicle; and\nupon the request of an authorised person, produce the permit for inspection by that authorised person.\nMaximum penalty—$500.\n(sec.27-ssec.1) A person shall not contravene or fail to comply with a condition specified in a permit issued to the person or specified in a permit issued to another person on whose behalf the person is acting on a particular occasion. Maximum penalty—$1000.\n(sec.27-ssec.2) A permit is not transferable.\n(sec.27-ssec.2A) A person shall not, by delivery or otherwise, purport to transfer to another person a permit or the entitlements conferred on the person as a person to whom a permit is issued. Maximum penalty—$1000.\n(sec.27-ssec.3) During a period of emergency a person shall, while in charge of a vehicle, vessel or aircraft to which liquid fuel in relation to which the emergency is declared to exist has been supplied pursuant to a permit— carry the permit with him or her in the vehicle; and upon the request of an authorised person, produce the permit for inspection by that authorised person. Maximum penalty—$500.\n- (a) carry the permit with him or her in the vehicle; and\n- (b) upon the request of an authorised person, produce the permit for inspection by that authorised person.","sortOrder":31},{"sectionNumber":"sec.28","sectionType":"section","heading":"Cancellation of permit","content":"### sec.28 Cancellation of permit\n\nThe Minister may, at any time by instrument in writing served on the person to whom a permit is issued, cancel the permit.\nUpon cancellation of a permit, the person to whom it was issued shall deliver it up to the Minister or to a person nominated by the Minister.\nMaximum penalty—$1000.\n(sec.28-ssec.1) The Minister may, at any time by instrument in writing served on the person to whom a permit is issued, cancel the permit.\n(sec.28-ssec.2) Upon cancellation of a permit, the person to whom it was issued shall deliver it up to the Minister or to a person nominated by the Minister. Maximum penalty—$1000.","sortOrder":32},{"sectionNumber":"sec.29","sectionType":"section","heading":"Unlawful supply and purchase of liquid fuel","content":"### sec.29 Unlawful supply and purchase of liquid fuel\n\nDuring a period of emergency, a person shall not supply liquid fuel in relation to which the emergency is declared to exist except—\nunder the authority of and in accordance with a direction of the Minister duly given under this Act; or\nin accordance with the conditions of a permit issued under section&#160;25 , to the person to whom the permit is issued or a person acting on the person’s behalf.\nMaximum penalty—20 penalty units.\nSubsection&#160;(1) does not apply in respect of a supply of liquid fuel to a person who carries on the business of trading in that liquid fuel where the person purchases the liquid fuel as part of that trading.\nDuring a period of emergency, a person shall not purchase liquid fuel in relation to which the emergency is declared to exist, except—\nunder the authority of and in accordance with a direction of the Minister duly given under this Act; or\nunder the authority of, and in accordance with the conditions imposed in respect of, a permit under section&#160;25 issued to the person or to a person on whose behalf the person is acting.\nMaximum penalty—20 penalty units.\nSubsection&#160;(2) does not apply in respect of the purchase of liquid fuel by a person who carries on the business of trading in that liquid fuel where the person purchases the liquid fuel as part of that trading.\ns&#160;29 sub 1988 No.&#160;13 s&#160;5\n(sec.29-ssec.1) During a period of emergency, a person shall not supply liquid fuel in relation to which the emergency is declared to exist except— under the authority of and in accordance with a direction of the Minister duly given under this Act; or in accordance with the conditions of a permit issued under section&#160;25 , to the person to whom the permit is issued or a person acting on the person’s behalf. Maximum penalty—20 penalty units.\n(sec.29-ssec.1A) Subsection&#160;(1) does not apply in respect of a supply of liquid fuel to a person who carries on the business of trading in that liquid fuel where the person purchases the liquid fuel as part of that trading.\n(sec.29-ssec.2) During a period of emergency, a person shall not purchase liquid fuel in relation to which the emergency is declared to exist, except— under the authority of and in accordance with a direction of the Minister duly given under this Act; or under the authority of, and in accordance with the conditions imposed in respect of, a permit under section&#160;25 issued to the person or to a person on whose behalf the person is acting. Maximum penalty—20 penalty units.\n(sec.29-ssec.3) Subsection&#160;(2) does not apply in respect of the purchase of liquid fuel by a person who carries on the business of trading in that liquid fuel where the person purchases the liquid fuel as part of that trading.\n- (a) under the authority of and in accordance with a direction of the Minister duly given under this Act; or\n- (b) in accordance with the conditions of a permit issued under section&#160;25 , to the person to whom the permit is issued or a person acting on the person’s behalf.\n- (a) under the authority of and in accordance with a direction of the Minister duly given under this Act; or\n- (b) under the authority of, and in accordance with the conditions imposed in respect of, a permit under section&#160;25 issued to the person or to a person on whose behalf the person is acting.","sortOrder":33},{"sectionNumber":"sec.30","sectionType":"section","heading":"Directions for allocations to bulk customers","content":"### sec.30 Directions for allocations to bulk customers\n\nDuring a period of emergency the Minister may, for the purpose of dealing with a shortage or likely shortage of liquid fuel in relation to which the emergency is declared to exist, by notification published in the gazette and in such other manner as, in the Minister’s opinion, is likely to bring it to the notice of relevant persons concerned, direct that each relevant person who ordinarily in the course of business supplies a refined liquid petroleum product of a kind specified in the notification for purchase in bulk in Queensland by persons or associations of persons who are bulk customers of that relevant person in relation to that product shall make available for purchase in bulk in Queensland by those customers during the period specified in the notification in accordance with the bulk allocation procedures approved by the Minister under section&#160;14 —\nin the case of such customers as have been identified by the Minister as essential or high priority users of that product in Queensland—such quantities of that product as—\nare calculated by or on behalf of the Minister, by a method specified in the notification; and\nare notified in writing, by or on behalf of the Minister, to that relevant person;\nin the case of such customers as are persons or associations of persons to whom paragraph&#160;(a) does not apply—such quantities of that product as—\nare calculated by or on behalf of the Minister, by a method specified in the notification; and\nare notified in writing, by or on behalf of the Minister, to that relevant person.\nWhere the Minister has under subsection&#160;(1) directed relevant persons to make available for purchase by bulk customers quantities of a refined liquid petroleum product, a relevant person to whom the direction is issued shall not—\nrefuse or fail to make that product available for purchase by such a bulk customer of that relevant person during the period specified in the direction in accordance with the direction; or\nmake that product available for purchase in bulk, during the period specified in the direction, by a person who is not a bulk customer of that relevant person in relation to that product; or\nmake that product available for purchase in bulk by such a bulk customer of that relevant person during the period specified in the direction otherwise than in accordance with the direction;\nunless that relevant person has reasonable excuse.\nMaximum penalty—\nin the case of a body corporate—$10,000; or\nin the case of an individual—$1000.\nWithout limiting the generality of the expression reasonable excuse in subsection&#160;(2) , it is a reasonable excuse for the purposes of subsection&#160;(2) (a) —\nif the person or association of persons in respect of whom a contravention of that subsection is alleged to have been committed in respect of a particular refined liquid petroleum product refused or failed to produce to the relevant person concerned a copy of the instrument that was caused by the Minister to be served on the person or association under section&#160;12 and identified the person or association as a bulk customer of that relevant person in relation to that product;\nif the person or association of persons in respect of whom a contravention of that subsection is alleged to have been committed in respect of a particular refined liquid petroleum product, being a person who or association that is an essential user or a high priority user of that product in Queensland, refused or failed to produce to the relevant person concerned—\na copy of the instrument that was caused by the Minister to be served on the person or association under section&#160;12 and identified the person or association as a bulk customer of that relevant person in relation to that product; or\na copy of the instrument that was caused by the Minister to be served on the person or association under section&#160;11 and identified the person or association as an essential user or high priority user of that product in Queensland.\nA method of calculation of a quantity of a refined liquid petroleum product specified in a notification under subsection&#160;(1) may be specified as applicable generally to all persons or associations referred to respectively in subsection&#160;(1) (a) and (b) or to persons or associations included in classes of persons or associations referred to respectively in those paragraphs specified in the notification.\n(sec.30-ssec.1) During a period of emergency the Minister may, for the purpose of dealing with a shortage or likely shortage of liquid fuel in relation to which the emergency is declared to exist, by notification published in the gazette and in such other manner as, in the Minister’s opinion, is likely to bring it to the notice of relevant persons concerned, direct that each relevant person who ordinarily in the course of business supplies a refined liquid petroleum product of a kind specified in the notification for purchase in bulk in Queensland by persons or associations of persons who are bulk customers of that relevant person in relation to that product shall make available for purchase in bulk in Queensland by those customers during the period specified in the notification in accordance with the bulk allocation procedures approved by the Minister under section&#160;14 — in the case of such customers as have been identified by the Minister as essential or high priority users of that product in Queensland—such quantities of that product as— are calculated by or on behalf of the Minister, by a method specified in the notification; and are notified in writing, by or on behalf of the Minister, to that relevant person; in the case of such customers as are persons or associations of persons to whom paragraph&#160;(a) does not apply—such quantities of that product as— are calculated by or on behalf of the Minister, by a method specified in the notification; and are notified in writing, by or on behalf of the Minister, to that relevant person.\n(sec.30-ssec.2) Where the Minister has under subsection&#160;(1) directed relevant persons to make available for purchase by bulk customers quantities of a refined liquid petroleum product, a relevant person to whom the direction is issued shall not— refuse or fail to make that product available for purchase by such a bulk customer of that relevant person during the period specified in the direction in accordance with the direction; or make that product available for purchase in bulk, during the period specified in the direction, by a person who is not a bulk customer of that relevant person in relation to that product; or make that product available for purchase in bulk by such a bulk customer of that relevant person during the period specified in the direction otherwise than in accordance with the direction; unless that relevant person has reasonable excuse. Maximum penalty— in the case of a body corporate—$10,000; or in the case of an individual—$1000.\n(sec.30-ssec.3) Without limiting the generality of the expression reasonable excuse in subsection&#160;(2) , it is a reasonable excuse for the purposes of subsection&#160;(2) (a) — if the person or association of persons in respect of whom a contravention of that subsection is alleged to have been committed in respect of a particular refined liquid petroleum product refused or failed to produce to the relevant person concerned a copy of the instrument that was caused by the Minister to be served on the person or association under section&#160;12 and identified the person or association as a bulk customer of that relevant person in relation to that product; if the person or association of persons in respect of whom a contravention of that subsection is alleged to have been committed in respect of a particular refined liquid petroleum product, being a person who or association that is an essential user or a high priority user of that product in Queensland, refused or failed to produce to the relevant person concerned— a copy of the instrument that was caused by the Minister to be served on the person or association under section&#160;12 and identified the person or association as a bulk customer of that relevant person in relation to that product; or a copy of the instrument that was caused by the Minister to be served on the person or association under section&#160;11 and identified the person or association as an essential user or high priority user of that product in Queensland.\n(sec.30-ssec.4) A method of calculation of a quantity of a refined liquid petroleum product specified in a notification under subsection&#160;(1) may be specified as applicable generally to all persons or associations referred to respectively in subsection&#160;(1) (a) and (b) or to persons or associations included in classes of persons or associations referred to respectively in those paragraphs specified in the notification.\n- (a) in the case of such customers as have been identified by the Minister as essential or high priority users of that product in Queensland—such quantities of that product as— (i) are calculated by or on behalf of the Minister, by a method specified in the notification; and (ii) are notified in writing, by or on behalf of the Minister, to that relevant person;\n- (i) are calculated by or on behalf of the Minister, by a method specified in the notification; and\n- (ii) are notified in writing, by or on behalf of the Minister, to that relevant person;\n- (b) in the case of such customers as are persons or associations of persons to whom paragraph&#160;(a) does not apply—such quantities of that product as— (i) are calculated by or on behalf of the Minister, by a method specified in the notification; and (ii) are notified in writing, by or on behalf of the Minister, to that relevant person.\n- (i) are calculated by or on behalf of the Minister, by a method specified in the notification; and\n- (ii) are notified in writing, by or on behalf of the Minister, to that relevant person.\n- (i) are calculated by or on behalf of the Minister, by a method specified in the notification; and\n- (ii) are notified in writing, by or on behalf of the Minister, to that relevant person;\n- (i) are calculated by or on behalf of the Minister, by a method specified in the notification; and\n- (ii) are notified in writing, by or on behalf of the Minister, to that relevant person.\n- (a) refuse or fail to make that product available for purchase by such a bulk customer of that relevant person during the period specified in the direction in accordance with the direction; or\n- (b) make that product available for purchase in bulk, during the period specified in the direction, by a person who is not a bulk customer of that relevant person in relation to that product; or\n- (c) make that product available for purchase in bulk by such a bulk customer of that relevant person during the period specified in the direction otherwise than in accordance with the direction;\n- (a) in the case of a body corporate—$10,000; or\n- (b) in the case of an individual—$1000.\n- (a) if the person or association of persons in respect of whom a contravention of that subsection is alleged to have been committed in respect of a particular refined liquid petroleum product refused or failed to produce to the relevant person concerned a copy of the instrument that was caused by the Minister to be served on the person or association under section&#160;12 and identified the person or association as a bulk customer of that relevant person in relation to that product;\n- (b) if the person or association of persons in respect of whom a contravention of that subsection is alleged to have been committed in respect of a particular refined liquid petroleum product, being a person who or association that is an essential user or a high priority user of that product in Queensland, refused or failed to produce to the relevant person concerned— (i) a copy of the instrument that was caused by the Minister to be served on the person or association under section&#160;12 and identified the person or association as a bulk customer of that relevant person in relation to that product; or (ii) a copy of the instrument that was caused by the Minister to be served on the person or association under section&#160;11 and identified the person or association as an essential user or high priority user of that product in Queensland.\n- (i) a copy of the instrument that was caused by the Minister to be served on the person or association under section&#160;12 and identified the person or association as a bulk customer of that relevant person in relation to that product; or\n- (ii) a copy of the instrument that was caused by the Minister to be served on the person or association under section&#160;11 and identified the person or association as an essential user or high priority user of that product in Queensland.\n- (i) a copy of the instrument that was caused by the Minister to be served on the person or association under section&#160;12 and identified the person or association as a bulk customer of that relevant person in relation to that product; or\n- (ii) a copy of the instrument that was caused by the Minister to be served on the person or association under section&#160;11 and identified the person or association as an essential user or high priority user of that product in Queensland.","sortOrder":34},{"sectionNumber":"sec.31","sectionType":"section","heading":"Directions regulating supply of liquid fuel","content":"### sec.31 Directions regulating supply of liquid fuel\n\nDuring a period of emergency the Minister may, for the purpose of dealing with a shortage or likely shortage of liquid fuel in relation to which the emergency is declared to exist, by notification published in the gazette and in such other manner as, in the Minister’s opinion, is likely to bring it to the notice of relevant persons concerned, issue directions regulating or prohibiting the supply by relevant persons in the course of their business, during a period specified in the notification, of a refined liquid petroleum product specified in the notification to persons generally or to persons included in a class of person specified in the notification.\nThe Minister shall not issue a direction under subsection&#160;(1) if the direction would relate only to the supply of a refined liquid petroleum product to bulk customers of the relevant persons to whom the direction would be issued in relation to that product.\nA relevant person shall not refuse or fail to comply with a direction issued to the person under subsection&#160;(1) unless that person has reasonable excuse.\nMaximum penalty—\nin the case of a body corporate—$10,000; or\nin the case of an individual—$1000.\n(sec.31-ssec.1) During a period of emergency the Minister may, for the purpose of dealing with a shortage or likely shortage of liquid fuel in relation to which the emergency is declared to exist, by notification published in the gazette and in such other manner as, in the Minister’s opinion, is likely to bring it to the notice of relevant persons concerned, issue directions regulating or prohibiting the supply by relevant persons in the course of their business, during a period specified in the notification, of a refined liquid petroleum product specified in the notification to persons generally or to persons included in a class of person specified in the notification.\n(sec.31-ssec.2) The Minister shall not issue a direction under subsection&#160;(1) if the direction would relate only to the supply of a refined liquid petroleum product to bulk customers of the relevant persons to whom the direction would be issued in relation to that product.\n(sec.31-ssec.3) A relevant person shall not refuse or fail to comply with a direction issued to the person under subsection&#160;(1) unless that person has reasonable excuse. Maximum penalty— in the case of a body corporate—$10,000; or in the case of an individual—$1000.\n- (a) in the case of a body corporate—$10,000; or\n- (b) in the case of an individual—$1000.","sortOrder":35},{"sectionNumber":"sec.32","sectionType":"section","heading":"Fixing maximum prices for liquid fuel","content":"### sec.32 Fixing maximum prices for liquid fuel\n\nDuring a period of emergency the Minister may, by notification published in the gazette—\nfix a maximum price or maximum prices for the sale of a refined liquid petroleum product of a kind specified in the notification during a period specified in the notification; and\nvary or revoke a notification previously published under this subsection.\nA notification under subsection&#160;(1) —\nmay fix different maximum prices that vary according to factors specified in the notification;\nmay apply to sales generally of a refined liquid petroleum product, or to sales of a class specified in the notification;\nmay apply throughout the State or in any part or parts of the State as is or are specified in the notification.\nWhere a notification under subsection&#160;(1) has fixed a maximum price for the sale of a refined liquid petroleum product a person shall not sell or offer to sell that product, by way of a sale for which the maximum price has been so fixed, at a price in excess of the maximum price.\nMaximum penalty—$10,000 or 12 months imprisonment.\n(sec.32-ssec.1) During a period of emergency the Minister may, by notification published in the gazette— fix a maximum price or maximum prices for the sale of a refined liquid petroleum product of a kind specified in the notification during a period specified in the notification; and vary or revoke a notification previously published under this subsection.\n(sec.32-ssec.2) A notification under subsection&#160;(1) — may fix different maximum prices that vary according to factors specified in the notification; may apply to sales generally of a refined liquid petroleum product, or to sales of a class specified in the notification; may apply throughout the State or in any part or parts of the State as is or are specified in the notification.\n(sec.32-ssec.3) Where a notification under subsection&#160;(1) has fixed a maximum price for the sale of a refined liquid petroleum product a person shall not sell or offer to sell that product, by way of a sale for which the maximum price has been so fixed, at a price in excess of the maximum price. Maximum penalty—$10,000 or 12 months imprisonment.\n- (a) fix a maximum price or maximum prices for the sale of a refined liquid petroleum product of a kind specified in the notification during a period specified in the notification; and\n- (b) vary or revoke a notification previously published under this subsection.\n- (a) may fix different maximum prices that vary according to factors specified in the notification;\n- (b) may apply to sales generally of a refined liquid petroleum product, or to sales of a class specified in the notification;\n- (c) may apply throughout the State or in any part or parts of the State as is or are specified in the notification.","sortOrder":36},{"sectionNumber":"sec.33","sectionType":"section","heading":"Regulation of disposal of liquid fuel brought into State","content":"### sec.33 Regulation of disposal of liquid fuel brought into State\n\nThe Minister may, by notification published in the gazette, declare liquid fuel of a kind specified in the notification to be liquid fuel to which this section applies.\nLiquid fuel declared pursuant to subsection&#160;(1) is in subsection&#160;(2) referred to as declared liquid fuel .\nA person shall not—\nin Queensland sell or otherwise dispose of declared liquid fuel that has been brought into Queensland; or\nremove from Queensland declared liquid fuel,\nexcept in accordance with the directions of the Minister.\nMaximum penalty—$1000.\n(sec.33-ssec.1) The Minister may, by notification published in the gazette, declare liquid fuel of a kind specified in the notification to be liquid fuel to which this section applies.\n(sec.33-ssec.1A) Liquid fuel declared pursuant to subsection&#160;(1) is in subsection&#160;(2) referred to as declared liquid fuel .\n(sec.33-ssec.2) A person shall not— in Queensland sell or otherwise dispose of declared liquid fuel that has been brought into Queensland; or remove from Queensland declared liquid fuel, except in accordance with the directions of the Minister. Maximum penalty—$1000.\n- (a) in Queensland sell or otherwise dispose of declared liquid fuel that has been brought into Queensland; or\n- (b) remove from Queensland declared liquid fuel,","sortOrder":37},{"sectionNumber":"sec.34","sectionType":"section","heading":"Shortage may be general or restricted","content":"### sec.34 Shortage may be general or restricted\n\nIn this part a reference to a shortage or likely shortage of liquid fuel includes a shortage or likely shortage throughout Queensland of liquid fuel and a shortage or likely shortage in any part or parts of Queensland of liquid fuel.","sortOrder":38},{"sectionNumber":"sec.35","sectionType":"section","heading":"Right of review","content":"### sec.35 Right of review\n\nA person about whom any of the following decisions is made may apply, as provided under the QCAT Act , to QCAT for a review of the decision—\na refusal of a permit under this part;\na cancellation of a permit under this part;\na refusal to identify a person, association of persons or class of person as an essential user or as a high priority user of liquid fuel of a particular kind;\na revocation of an instrument identifying a person, association of persons or class of person as an essential user or as a high priority user of liquid fuel of a particular kind;\na refusal to identify a person or association of persons as a bulk customer of a relevant person for a particular refined liquid petroleum product;\na revocation of an instrument identifying a person or association of persons as a bulk customer of a relevant person for a particular refined liquid petroleum product.\nCosts must not be awarded to either party to a review by QCAT.\ns&#160;35 sub 2009 No.&#160;24 s&#160;616\n(sec.35-ssec.1) A person about whom any of the following decisions is made may apply, as provided under the QCAT Act , to QCAT for a review of the decision— a refusal of a permit under this part; a cancellation of a permit under this part; a refusal to identify a person, association of persons or class of person as an essential user or as a high priority user of liquid fuel of a particular kind; a revocation of an instrument identifying a person, association of persons or class of person as an essential user or as a high priority user of liquid fuel of a particular kind; a refusal to identify a person or association of persons as a bulk customer of a relevant person for a particular refined liquid petroleum product; a revocation of an instrument identifying a person or association of persons as a bulk customer of a relevant person for a particular refined liquid petroleum product.\n(sec.35-ssec.2) Costs must not be awarded to either party to a review by QCAT.\n- (a) a refusal of a permit under this part;\n- (b) a cancellation of a permit under this part;\n- (c) a refusal to identify a person, association of persons or class of person as an essential user or as a high priority user of liquid fuel of a particular kind;\n- (d) a revocation of an instrument identifying a person, association of persons or class of person as an essential user or as a high priority user of liquid fuel of a particular kind;\n- (e) a refusal to identify a person or association of persons as a bulk customer of a relevant person for a particular refined liquid petroleum product;\n- (f) a revocation of an instrument identifying a person or association of persons as a bulk customer of a relevant person for a particular refined liquid petroleum product.","sortOrder":39},{"sectionNumber":"sec.35AA","sectionType":"section","heading":"Minister need not give information notice","content":"### sec.35AA Minister need not give information notice\n\nThis section applies to a decision mentioned in section&#160;35 (1) .\nThe Minister need not give an information notice for the decision if the Minister considers—\nit is impracticable to give an information notice to each person in an association of persons or a class of persons; or\npublication of the information notice might disclose confidential information or personal confidential information; or\nit is impracticable to give an information notice for any other reason.\nIn this section—\npersonal confidential information means confidential information that—\nis not publicly available; and\nidentifies, or is likely to identify, a person or discloses matters about a person’s affairs.\nreviewable decision means a reviewable decision under the QCAT Act .\ns&#160;35AA ins 2009 No.&#160;24 s&#160;616\n(sec.35AA-ssec.1) This section applies to a decision mentioned in section&#160;35 (1) .\n(sec.35AA-ssec.2) The Minister need not give an information notice for the decision if the Minister considers— it is impracticable to give an information notice to each person in an association of persons or a class of persons; or publication of the information notice might disclose confidential information or personal confidential information; or it is impracticable to give an information notice for any other reason.\n(sec.35AA-ssec.3) In this section— personal confidential information means confidential information that— is not publicly available; and identifies, or is likely to identify, a person or discloses matters about a person’s affairs. reviewable decision means a reviewable decision under the QCAT Act .\n- (a) it is impracticable to give an information notice to each person in an association of persons or a class of persons; or\n- (b) publication of the information notice might disclose confidential information or personal confidential information; or\n- (c) it is impracticable to give an information notice for any other reason.\n- (a) is not publicly available; and\n- (b) identifies, or is likely to identify, a person or discloses matters about a person’s affairs.","sortOrder":40},{"sectionNumber":"pt.5A","sectionType":"part","heading":"Sustainable biofuel in petrol or diesel","content":"# Sustainable biofuel in petrol or diesel","sortOrder":41},{"sectionNumber":"pt.5A-div.1","sectionType":"division","heading":"Sale of sustainable biofuel","content":"## Sale of sustainable biofuel","sortOrder":42},{"sectionNumber":"sec.35A","sectionType":"section","heading":"Application of div&#160;1","content":"### sec.35A Application of div&#160;1\n\nThis division applies to the sale of petrol or a petrol-biobased petrol blend ( petrol fuel ), and the sale of diesel or a diesel-biobased diesel blend ( diesel fuel ), by a fuel seller—\nto a person in Queensland; or\nfor delivery in Queensland, whether or not the sale is made in Queensland.\nHowever, this division does not apply to the sale of—\npetrol fuel or diesel fuel by a fuel wholesaler to another fuel wholesaler; or\ndiesel fuel by a fuel retailer.\nAlso, this division applies to the sale of petrol fuel by a fuel retailer only if the fuel retailer—\nowns or operates 10 or more standard service stations; or\nsells more than the threshold amount of petrol fuel in a calendar quarter at any 1 of the standard service stations that the fuel retailer owns or operates.\nFor subsection&#160;(1) (b) , a sale of petrol fuel or diesel fuel is for delivery in Queensland if the terms of the sale—\nrequire a party to the sale to deliver, or arrange delivery of, the petrol fuel or diesel fuel into or within Queensland; or\nprovide for delivery of the petrol fuel or diesel fuel into or within Queensland.\nIn this section—\nthreshold amount means—\nthe amount prescribed by regulation; or\nif an amount is not prescribed—250,000L.\ns&#160;35A prev s&#160;35A ins 1988 No.&#160;13 s&#160;6\nom 2015 No.&#160;31 s&#160;6\npres s&#160;35A ins 2015 No.&#160;31 s&#160;6\n(sec.35A-ssec.1) This division applies to the sale of petrol or a petrol-biobased petrol blend ( petrol fuel ), and the sale of diesel or a diesel-biobased diesel blend ( diesel fuel ), by a fuel seller— to a person in Queensland; or for delivery in Queensland, whether or not the sale is made in Queensland.\n(sec.35A-ssec.2) However, this division does not apply to the sale of— petrol fuel or diesel fuel by a fuel wholesaler to another fuel wholesaler; or diesel fuel by a fuel retailer.\n(sec.35A-ssec.3) Also, this division applies to the sale of petrol fuel by a fuel retailer only if the fuel retailer— owns or operates 10 or more standard service stations; or sells more than the threshold amount of petrol fuel in a calendar quarter at any 1 of the standard service stations that the fuel retailer owns or operates.\n(sec.35A-ssec.4) For subsection&#160;(1) (b) , a sale of petrol fuel or diesel fuel is for delivery in Queensland if the terms of the sale— require a party to the sale to deliver, or arrange delivery of, the petrol fuel or diesel fuel into or within Queensland; or provide for delivery of the petrol fuel or diesel fuel into or within Queensland.\n(sec.35A-ssec.5) In this section— threshold amount means— the amount prescribed by regulation; or if an amount is not prescribed—250,000L. s&#160;35A prev s&#160;35A ins 1988 No.&#160;13 s&#160;6 om 2015 No.&#160;31 s&#160;6 pres s&#160;35A ins 2015 No.&#160;31 s&#160;6\n- (a) to a person in Queensland; or\n- (b) for delivery in Queensland, whether or not the sale is made in Queensland.\n- (a) petrol fuel or diesel fuel by a fuel wholesaler to another fuel wholesaler; or\n- (b) diesel fuel by a fuel retailer.\n- (a) owns or operates 10 or more standard service stations; or\n- (b) sells more than the threshold amount of petrol fuel in a calendar quarter at any 1 of the standard service stations that the fuel retailer owns or operates.\n- (a) require a party to the sale to deliver, or arrange delivery of, the petrol fuel or diesel fuel into or within Queensland; or\n- (b) provide for delivery of the petrol fuel or diesel fuel into or within Queensland.\n- (a) the amount prescribed by regulation; or\n- (b) if an amount is not prescribed—250,000L.","sortOrder":43},{"sectionNumber":"sec.35B","sectionType":"section","heading":"Sustainable biobased petrol requirement","content":"### sec.35B Sustainable biobased petrol requirement\n\nThis section applies to the sale of sustainable biobased petrol in—\na regular petrol-biobased petrol blend; or\na premium petrol-biobased petrol blend.\nA fuel seller must sell at least the minimum amount of sustainable biobased petrol in each calendar quarter.\nMaximum penalty—\nfor a first offence—200 penalty units; or\nfor a second or later offence—2000 penalty units.\nIn this section—\nminimum amount means—\nif the fuel seller is a fuel wholesaler—the volume of regular petrol and regular petrol-biobased petrol blend that the fuel seller sells in the calendar quarter, multiplied by the wholesale percentage; or\nif this section applies to the fuel seller under section&#160;35A (3) (b) —the volume of regular petrol and regular petrol-biobased petrol blend that the fuel seller sells in the calendar quarter at the standard service stations for which section&#160;35A (3) (b) is satisfied, multiplied by the retail percentage; or\notherwise—the volume of regular petrol and regular petrol-biobased petrol blend that the fuel seller sells in the calendar quarter at the fuel seller’s standard service stations, multiplied by the retail percentage.\nretail percentage means—\nfor the first 18 months after the commencement—3%; and\nafter that period—\nif a percentage higher than 4% is prescribed by regulation for this definition—the prescribed percentage; or\notherwise—4%.\nwholesale percentage means the percentage prescribed by regulation for this definition.\ns&#160;35B prev s&#160;35B ins 1988 No.&#160;13 s&#160;6\nom 2015 No.&#160;31 s&#160;6\npres s&#160;35B ins 2015 No.&#160;31 s&#160;6\n(sec.35B-ssec.1) This section applies to the sale of sustainable biobased petrol in— a regular petrol-biobased petrol blend; or a premium petrol-biobased petrol blend.\n(sec.35B-ssec.2) A fuel seller must sell at least the minimum amount of sustainable biobased petrol in each calendar quarter. Maximum penalty— for a first offence—200 penalty units; or for a second or later offence—2000 penalty units.\n(sec.35B-ssec.3) In this section— minimum amount means— if the fuel seller is a fuel wholesaler—the volume of regular petrol and regular petrol-biobased petrol blend that the fuel seller sells in the calendar quarter, multiplied by the wholesale percentage; or if this section applies to the fuel seller under section&#160;35A (3) (b) —the volume of regular petrol and regular petrol-biobased petrol blend that the fuel seller sells in the calendar quarter at the standard service stations for which section&#160;35A (3) (b) is satisfied, multiplied by the retail percentage; or otherwise—the volume of regular petrol and regular petrol-biobased petrol blend that the fuel seller sells in the calendar quarter at the fuel seller’s standard service stations, multiplied by the retail percentage. retail percentage means— for the first 18 months after the commencement—3%; and after that period— if a percentage higher than 4% is prescribed by regulation for this definition—the prescribed percentage; or otherwise—4%. wholesale percentage means the percentage prescribed by regulation for this definition. s&#160;35B prev s&#160;35B ins 1988 No.&#160;13 s&#160;6 om 2015 No.&#160;31 s&#160;6 pres s&#160;35B ins 2015 No.&#160;31 s&#160;6\n- (a) a regular petrol-biobased petrol blend; or\n- (b) a premium petrol-biobased petrol blend.\n- (a) for a first offence—200 penalty units; or\n- (b) for a second or later offence—2000 penalty units.\n- (a) if the fuel seller is a fuel wholesaler—the volume of regular petrol and regular petrol-biobased petrol blend that the fuel seller sells in the calendar quarter, multiplied by the wholesale percentage; or\n- (b) if this section applies to the fuel seller under section&#160;35A (3) (b) —the volume of regular petrol and regular petrol-biobased petrol blend that the fuel seller sells in the calendar quarter at the standard service stations for which section&#160;35A (3) (b) is satisfied, multiplied by the retail percentage; or\n- (c) otherwise—the volume of regular petrol and regular petrol-biobased petrol blend that the fuel seller sells in the calendar quarter at the fuel seller’s standard service stations, multiplied by the retail percentage.\n- (a) for the first 18 months after the commencement—3%; and\n- (b) after that period— (i) if a percentage higher than 4% is prescribed by regulation for this definition—the prescribed percentage; or (ii) otherwise—4%.\n- (i) if a percentage higher than 4% is prescribed by regulation for this definition—the prescribed percentage; or\n- (ii) otherwise—4%.\n- (i) if a percentage higher than 4% is prescribed by regulation for this definition—the prescribed percentage; or\n- (ii) otherwise—4%.","sortOrder":44},{"sectionNumber":"sec.35C","sectionType":"section","heading":"Sustainable biobased diesel requirement","content":"### sec.35C Sustainable biobased diesel requirement\n\nThis section applies to the sale of sustainable biobased diesel in a diesel-biobased diesel blend.\nA fuel seller must sell at least the minimum amount of sustainable biobased diesel in each calendar quarter.\nMaximum penalty—\nfor a first offence—200 penalty units; or\nfor a second or later offence—2000 penalty units.\nIn this section—\nminimum amount means the volume of diesel and diesel-biobased diesel blend that the fuel seller sells in the calendar quarter, multiplied by—\nif a percentage higher than 0.5% is prescribed by regulation for this definition—the prescribed percentage; or\notherwise—0.5%.\ns&#160;35C ins 2015 No.&#160;31 s&#160;6\n(sec.35C-ssec.1) This section applies to the sale of sustainable biobased diesel in a diesel-biobased diesel blend.\n(sec.35C-ssec.2) A fuel seller must sell at least the minimum amount of sustainable biobased diesel in each calendar quarter. Maximum penalty— for a first offence—200 penalty units; or for a second or later offence—2000 penalty units.\n(sec.35C-ssec.3) In this section— minimum amount means the volume of diesel and diesel-biobased diesel blend that the fuel seller sells in the calendar quarter, multiplied by— if a percentage higher than 0.5% is prescribed by regulation for this definition—the prescribed percentage; or otherwise—0.5%.\n- (a) for a first offence—200 penalty units; or\n- (b) for a second or later offence—2000 penalty units.\n- (a) if a percentage higher than 0.5% is prescribed by regulation for this definition—the prescribed percentage; or\n- (b) otherwise—0.5%.","sortOrder":45},{"sectionNumber":"sec.35D","sectionType":"section","heading":"Defence for sustainable biofuel requirement","content":"### sec.35D Defence for sustainable biofuel requirement\n\nIn a proceeding for an offence against section&#160;35B or 35C , it is a defence for the person charged with the offence to prove that the person took all reasonable steps to prevent the offence.\nWhen deciding whether the person took all reasonable steps to prevent the offence, the court may consider the following—\nefforts the person made to secure enough supply of a sustainable biofuel blend;\nefforts the person made to promote the sale of a sustainable biofuel blend;\nany upgrade of infrastructure the person arranged to enable enough sales of a sustainable biofuel blend;\nfacilities the person made available for the sale of a sustainable biofuel blend.\ns&#160;35D ins 2015 No.&#160;31 s&#160;6\n(sec.35D-ssec.1) In a proceeding for an offence against section&#160;35B or 35C , it is a defence for the person charged with the offence to prove that the person took all reasonable steps to prevent the offence.\n(sec.35D-ssec.2) When deciding whether the person took all reasonable steps to prevent the offence, the court may consider the following— efforts the person made to secure enough supply of a sustainable biofuel blend; efforts the person made to promote the sale of a sustainable biofuel blend; any upgrade of infrastructure the person arranged to enable enough sales of a sustainable biofuel blend; facilities the person made available for the sale of a sustainable biofuel blend. s&#160;35D ins 2015 No.&#160;31 s&#160;6\n- (a) efforts the person made to secure enough supply of a sustainable biofuel blend;\n- (b) efforts the person made to promote the sale of a sustainable biofuel blend;\n- (c) any upgrade of infrastructure the person arranged to enable enough sales of a sustainable biofuel blend;\n- (d) facilities the person made available for the sale of a sustainable biofuel blend.","sortOrder":46},{"sectionNumber":"sec.35E","sectionType":"section","heading":"Quarterly returns","content":"### sec.35E Quarterly returns\n\nA fuel seller must give a return, in the approved form, to the chief executive within 1 month after the end of each calendar quarter, unless the fuel seller has a reasonable excuse.\nMaximum penalty—100 penalty units.\nThe return must state the volume of the following that the fuel seller sold in the calendar quarter at each of the fuel seller’s fuel facilities—\npetrol and petrol-biobased petrol blend;\nregular petrol;\nregular petrol-biobased petrol blend;\npremium petrol;\npremium petrol-biobased petrol blend;\nsustainable biobased petrol sold in petrol-biobased petrol blend;\nlow aromatic fuel;\nfor a fuel wholesaler—\ndiesel and diesel-biobased diesel blend; and\ndiesel-biobased diesel blend; and\nsustainable biobased diesel sold in diesel-biobased diesel blend.\ns&#160;35E ins 2015 No.&#160;31 s&#160;6\n(sec.35E-ssec.1) A fuel seller must give a return, in the approved form, to the chief executive within 1 month after the end of each calendar quarter, unless the fuel seller has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.35E-ssec.2) The return must state the volume of the following that the fuel seller sold in the calendar quarter at each of the fuel seller’s fuel facilities— petrol and petrol-biobased petrol blend; regular petrol; regular petrol-biobased petrol blend; premium petrol; premium petrol-biobased petrol blend; sustainable biobased petrol sold in petrol-biobased petrol blend; low aromatic fuel; for a fuel wholesaler— diesel and diesel-biobased diesel blend; and diesel-biobased diesel blend; and sustainable biobased diesel sold in diesel-biobased diesel blend. s&#160;35E ins 2015 No.&#160;31 s&#160;6\n- (a) petrol and petrol-biobased petrol blend;\n- (b) regular petrol;\n- (c) regular petrol-biobased petrol blend;\n- (d) premium petrol;\n- (e) premium petrol-biobased petrol blend;\n- (f) sustainable biobased petrol sold in petrol-biobased petrol blend;\n- (g) low aromatic fuel;\n- (h) for a fuel wholesaler— (i) diesel and diesel-biobased diesel blend; and (ii) diesel-biobased diesel blend; and (iii) sustainable biobased diesel sold in diesel-biobased diesel blend.\n- (i) diesel and diesel-biobased diesel blend; and\n- (ii) diesel-biobased diesel blend; and\n- (iii) sustainable biobased diesel sold in diesel-biobased diesel blend.\n- (i) diesel and diesel-biobased diesel blend; and\n- (ii) diesel-biobased diesel blend; and\n- (iii) sustainable biobased diesel sold in diesel-biobased diesel blend.","sortOrder":47},{"sectionNumber":"sec.35F","sectionType":"section","heading":"Record keeping","content":"### sec.35F Record keeping\n\nThis section applies to a sale of petrol, a petrol-biobased petrol blend, diesel or a diesel-biobased diesel blend.\nA fuel seller must keep a record of each sale for at least 2 years after the end of the calendar quarter in which the sale happened, unless the fuel seller has a reasonable excuse.\nan invoice or receipt\nMaximum penalty—100 penalty units.\ns&#160;35F ins 2015 No.&#160;31 s&#160;6\n(sec.35F-ssec.1) This section applies to a sale of petrol, a petrol-biobased petrol blend, diesel or a diesel-biobased diesel blend.\n(sec.35F-ssec.2) A fuel seller must keep a record of each sale for at least 2 years after the end of the calendar quarter in which the sale happened, unless the fuel seller has a reasonable excuse. an invoice or receipt Maximum penalty—100 penalty units.","sortOrder":48},{"sectionNumber":"sec.35G","sectionType":"section","heading":"Granting exemption","content":"### sec.35G Granting exemption\n\nThe Minister may, on application by a fuel seller in the approved form, exempt the fuel seller from complying with a sustainable biofuel requirement for a stated period if the Minister is satisfied—\nthe fuel seller can not get enough sustainable biofuel or sustainable biofuel blend to comply with the requirement because of a shortage in the supply of the biofuel or blend; or\ncomplying with the requirement would threaten the viability of the fuel seller’s business; or\nthere are other extraordinary circumstances justifying the grant of the exemption.\nThe Minister may do the following before granting the exemption—\nconsult with stakeholders;\narrange for the fuel seller’s business to be audited;\nask the fuel seller to give further information relevant to the application.\nIf the fuel seller does not comply with subsection&#160;(2) (c) within 14 days after being asked for the further information, the application is taken to have been withdrawn.\nThe Minister may grant an exemption on stated conditions.\nWithout limiting subsection&#160;(4) , a condition may require the fuel seller to sell a stated amount of sustainable biofuel, in a calendar quarter, that is less than the amount required under the sustainable biofuel requirement.\ns&#160;35G ins 2015 No.&#160;31 s&#160;6\n(sec.35G-ssec.1) The Minister may, on application by a fuel seller in the approved form, exempt the fuel seller from complying with a sustainable biofuel requirement for a stated period if the Minister is satisfied— the fuel seller can not get enough sustainable biofuel or sustainable biofuel blend to comply with the requirement because of a shortage in the supply of the biofuel or blend; or complying with the requirement would threaten the viability of the fuel seller’s business; or there are other extraordinary circumstances justifying the grant of the exemption.\n(sec.35G-ssec.2) The Minister may do the following before granting the exemption— consult with stakeholders; arrange for the fuel seller’s business to be audited; ask the fuel seller to give further information relevant to the application.\n(sec.35G-ssec.3) If the fuel seller does not comply with subsection&#160;(2) (c) within 14 days after being asked for the further information, the application is taken to have been withdrawn.\n(sec.35G-ssec.4) The Minister may grant an exemption on stated conditions.\n(sec.35G-ssec.5) Without limiting subsection&#160;(4) , a condition may require the fuel seller to sell a stated amount of sustainable biofuel, in a calendar quarter, that is less than the amount required under the sustainable biofuel requirement.\n- (a) the fuel seller can not get enough sustainable biofuel or sustainable biofuel blend to comply with the requirement because of a shortage in the supply of the biofuel or blend; or\n- (b) complying with the requirement would threaten the viability of the fuel seller’s business; or\n- (c) there are other extraordinary circumstances justifying the grant of the exemption.\n- (a) consult with stakeholders;\n- (b) arrange for the fuel seller’s business to be audited;\n- (c) ask the fuel seller to give further information relevant to the application.","sortOrder":49},{"sectionNumber":"sec.35H","sectionType":"section","heading":"Complying with conditions of exemption","content":"### sec.35H Complying with conditions of exemption\n\nA person who is granted an exemption must comply with the conditions of the exemption.\nMaximum penalty—200 penalty units.\ns&#160;35H ins 2015 No.&#160;31 s&#160;6","sortOrder":50},{"sectionNumber":"sec.35I","sectionType":"section","heading":"Cancelling exemption","content":"### sec.35I Cancelling exemption\n\nThe Minister may, by written notice to a fuel seller, cancel an exemption if the Minister is satisfied—\nthe reasons for the grant of the exemption no longer apply; or\nthe fuel seller has contravened a condition of the exemption.\nHowever, the Minister must do the following before giving the notice—\ngive the fuel seller an opportunity to make written submissions about the proposed cancellation;\nconsider any written submissions the fuel seller makes.\nAlso, the Minister may do the following before cancelling the exemption—\nconsult with stakeholders;\narrange for the fuel seller’s business to be audited.\nThe Minister must ensure that the cancellation of an exemption takes effect from the end of a calendar quarter.\ns&#160;35I ins 2015 No.&#160;31 s&#160;6\n(sec.35I-ssec.1) The Minister may, by written notice to a fuel seller, cancel an exemption if the Minister is satisfied— the reasons for the grant of the exemption no longer apply; or the fuel seller has contravened a condition of the exemption.\n(sec.35I-ssec.2) However, the Minister must do the following before giving the notice— give the fuel seller an opportunity to make written submissions about the proposed cancellation; consider any written submissions the fuel seller makes.\n(sec.35I-ssec.3) Also, the Minister may do the following before cancelling the exemption— consult with stakeholders; arrange for the fuel seller’s business to be audited.\n(sec.35I-ssec.4) The Minister must ensure that the cancellation of an exemption takes effect from the end of a calendar quarter.\n- (a) the reasons for the grant of the exemption no longer apply; or\n- (b) the fuel seller has contravened a condition of the exemption.\n- (a) give the fuel seller an opportunity to make written submissions about the proposed cancellation;\n- (b) consider any written submissions the fuel seller makes.\n- (a) consult with stakeholders;\n- (b) arrange for the fuel seller’s business to be audited.","sortOrder":51},{"sectionNumber":"sec.35J","sectionType":"section","heading":"Suspending sustainable biofuel requirement","content":"### sec.35J Suspending sustainable biofuel requirement\n\nThis section applies if the Minister is satisfied—\nall fuel sellers, or a class of fuel sellers, can not comply with a sustainable biofuel requirement because there is—\nan industry-wide shortage in the supply of sustainable biofuel or a sustainable biofuel blend; or\nnot enough demand for sustainable biofuel or a sustainable biofuel blend; or\na supply of sustainable biofuel or a sustainable biofuel blend poses a risk to public health or safety; or\nthat requiring all fuel sellers, or a class of fuel sellers, to comply with a sustainable biofuel requirement is having, or may have, an adverse impact on Queensland’s economy; or\nthere are other extraordinary circumstances that justify suspending the operation of section&#160;35B or 35C .\nall fuel sellers, or a class of fuel sellers, can not get a supply of a sustainable biofuel blend because of road closures resulting from a natural disaster\nThe Minister may, by declaration, suspend the operation of section&#160;35B or 35C for all fuel sellers, or a stated class of fuel sellers, for a stated period of not more than 1 year.\nThe Minister may consult with stakeholders before making the declaration.\nThe Minister may, in the same declaration, also suspend the operation of all or stated provisions of this part, other than this subdivision.\nThe Minister may not make a declaration in the circumstances mentioned in subsection&#160;(1) (a) or (c) for fuel sellers if the making of the declaration would mean the sum of the periods of all declarations, in either of the circumstances, for the fuel sellers in the last 2 years is more than 1 year.\nA declaration under this section is subordinate legislation.\ns&#160;35J ins 2015 No.&#160;31 s&#160;6\n(sec.35J-ssec.1) This section applies if the Minister is satisfied— all fuel sellers, or a class of fuel sellers, can not comply with a sustainable biofuel requirement because there is— an industry-wide shortage in the supply of sustainable biofuel or a sustainable biofuel blend; or not enough demand for sustainable biofuel or a sustainable biofuel blend; or a supply of sustainable biofuel or a sustainable biofuel blend poses a risk to public health or safety; or that requiring all fuel sellers, or a class of fuel sellers, to comply with a sustainable biofuel requirement is having, or may have, an adverse impact on Queensland’s economy; or there are other extraordinary circumstances that justify suspending the operation of section&#160;35B or 35C . all fuel sellers, or a class of fuel sellers, can not get a supply of a sustainable biofuel blend because of road closures resulting from a natural disaster\n(sec.35J-ssec.2) The Minister may, by declaration, suspend the operation of section&#160;35B or 35C for all fuel sellers, or a stated class of fuel sellers, for a stated period of not more than 1 year.\n(sec.35J-ssec.3) The Minister may consult with stakeholders before making the declaration.\n(sec.35J-ssec.4) The Minister may, in the same declaration, also suspend the operation of all or stated provisions of this part, other than this subdivision.\n(sec.35J-ssec.5) The Minister may not make a declaration in the circumstances mentioned in subsection&#160;(1) (a) or (c) for fuel sellers if the making of the declaration would mean the sum of the periods of all declarations, in either of the circumstances, for the fuel sellers in the last 2 years is more than 1 year.\n(sec.35J-ssec.6) A declaration under this section is subordinate legislation.\n- (a) all fuel sellers, or a class of fuel sellers, can not comply with a sustainable biofuel requirement because there is— (i) an industry-wide shortage in the supply of sustainable biofuel or a sustainable biofuel blend; or (ii) not enough demand for sustainable biofuel or a sustainable biofuel blend; or\n- (i) an industry-wide shortage in the supply of sustainable biofuel or a sustainable biofuel blend; or\n- (ii) not enough demand for sustainable biofuel or a sustainable biofuel blend; or\n- (b) a supply of sustainable biofuel or a sustainable biofuel blend poses a risk to public health or safety; or\n- (c) that requiring all fuel sellers, or a class of fuel sellers, to comply with a sustainable biofuel requirement is having, or may have, an adverse impact on Queensland’s economy; or\n- (d) there are other extraordinary circumstances that justify suspending the operation of section&#160;35B or 35C . Example of extraordinary circumstances for paragraph&#160;(d) — all fuel sellers, or a class of fuel sellers, can not get a supply of a sustainable biofuel blend because of road closures resulting from a natural disaster\n- (i) an industry-wide shortage in the supply of sustainable biofuel or a sustainable biofuel blend; or\n- (ii) not enough demand for sustainable biofuel or a sustainable biofuel blend; or","sortOrder":52},{"sectionNumber":"sec.35K","sectionType":"section","heading":"Cancelling suspension","content":"### sec.35K Cancelling suspension\n\nThe Minister may, by declaration, cancel a suspension if the Minister is satisfied the suspension is no longer necessary.\nThe Minister may consult with stakeholders before cancelling a suspension.\nA declaration under this section is subordinate legislation.\ns&#160;35K ins 2015 No.&#160;31 s&#160;6\n(sec.35K-ssec.1) The Minister may, by declaration, cancel a suspension if the Minister is satisfied the suspension is no longer necessary.\n(sec.35K-ssec.2) The Minister may consult with stakeholders before cancelling a suspension.\n(sec.35K-ssec.3) A declaration under this section is subordinate legislation.","sortOrder":53},{"sectionNumber":"pt.5A-div.2","sectionType":"division","heading":"Register of fuel sellers","content":"## Register of fuel sellers","sortOrder":54},{"sectionNumber":"sec.35L","sectionType":"section","heading":"Establishing register","content":"### sec.35L Establishing register\n\nThe chief executive must establish a register of fuel sellers.\nThe chief executive may keep the register in the form the chief executive considers appropriate, including, for example, in electronic form.\nThe chief executive must record the following information in the register—\na fuel seller’s registration information;\nchanges to a fuel seller’s registration information;\nother information that a fuel seller is required to give to the chief executive under this division.\ns&#160;35L ins 2015 No.&#160;31 s&#160;6\n(sec.35L-ssec.1) The chief executive must establish a register of fuel sellers.\n(sec.35L-ssec.2) The chief executive may keep the register in the form the chief executive considers appropriate, including, for example, in electronic form.\n(sec.35L-ssec.3) The chief executive must record the following information in the register— a fuel seller’s registration information; changes to a fuel seller’s registration information; other information that a fuel seller is required to give to the chief executive under this division.\n- (a) a fuel seller’s registration information;\n- (b) changes to a fuel seller’s registration information;\n- (c) other information that a fuel seller is required to give to the chief executive under this division.","sortOrder":55},{"sectionNumber":"sec.35M","sectionType":"section","heading":"Giving registration information","content":"### sec.35M Giving registration information\n\nA fuel seller must give the fuel seller’s registration information, in the approved form, to the chief executive within 1 month after becoming a fuel seller, unless the fuel seller has a reasonable excuse.\nMaximum penalty—100 penalty units.\ns&#160;35M ins 2015 No.&#160;31 s&#160;6","sortOrder":56},{"sectionNumber":"sec.35N","sectionType":"section","heading":"Notifying changes","content":"### sec.35N Notifying changes\n\nA fuel seller must notify the chief executive of any change to the fuel seller’s registration information within 1 month after the change happens, unless the fuel seller has a reasonable excuse.\nMaximum penalty—100 penalty units.\nIf a person stops being a fuel seller, the person must notify the chief executive of that fact within 1 month after the person stops being a fuel seller, unless the fuel seller has a reasonable excuse.\nMaximum penalty—100 penalty units.\ns&#160;35N ins 2015 No.&#160;31 s&#160;6\n(sec.35N-ssec.1) A fuel seller must notify the chief executive of any change to the fuel seller’s registration information within 1 month after the change happens, unless the fuel seller has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.35N-ssec.2) If a person stops being a fuel seller, the person must notify the chief executive of that fact within 1 month after the person stops being a fuel seller, unless the fuel seller has a reasonable excuse. Maximum penalty—100 penalty units.","sortOrder":57},{"sectionNumber":"sec.35O","sectionType":"section","heading":"Obtaining complete and clear information","content":"### sec.35O Obtaining complete and clear information\n\nThis section applies if—\na fuel seller gives registration information or other information to the chief executive under this division; and\nthe chief executive considers the information is not complete or clear.\nThe chief executive may, by written notice, require the fuel seller to give stated information to the chief executive within a stated reasonable period of not less than 14 days.\nThe fuel seller must comply with the notice unless the fuel seller has a reasonable excuse.\nMaximum penalty—100 penalty units.\ns&#160;35O ins 2015 No.&#160;31 s&#160;6\n(sec.35O-ssec.1) This section applies if— a fuel seller gives registration information or other information to the chief executive under this division; and the chief executive considers the information is not complete or clear.\n(sec.35O-ssec.2) The chief executive may, by written notice, require the fuel seller to give stated information to the chief executive within a stated reasonable period of not less than 14 days.\n(sec.35O-ssec.3) The fuel seller must comply with the notice unless the fuel seller has a reasonable excuse. Maximum penalty—100 penalty units.\n- (a) a fuel seller gives registration information or other information to the chief executive under this division; and\n- (b) the chief executive considers the information is not complete or clear.","sortOrder":58},{"sectionNumber":"pt.5A-div.3","sectionType":"division","heading":"Other provisions","content":"## Other provisions","sortOrder":59},{"sectionNumber":"sec.35P","sectionType":"section","heading":"Reporting fuel sold","content":"### sec.35P Reporting fuel sold\n\nA fuel seller must give a report, in the approved form, to the chief executive before 31 July each year, unless the fuel seller has a reasonable excuse.\nMaximum penalty—100 penalty units.\nThe report must state the volume of petrol, petrol-biobased petrol blend, diesel, and diesel-biobased diesel blend, that the fuel seller supplied from each of the fuel seller’s fuel facilities—\nin the last financial year; and\nin each calendar quarter of the last financial year.\nThis section does not apply to a fuel seller if the fuel seller gives the information mentioned in subsection&#160;(2) to the chief executive in or with returns given under section&#160;35E .\ns&#160;35P ins 2015 No.&#160;31 s&#160;6\n(sec.35P-ssec.1) A fuel seller must give a report, in the approved form, to the chief executive before 31 July each year, unless the fuel seller has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.35P-ssec.2) The report must state the volume of petrol, petrol-biobased petrol blend, diesel, and diesel-biobased diesel blend, that the fuel seller supplied from each of the fuel seller’s fuel facilities— in the last financial year; and in each calendar quarter of the last financial year.\n(sec.35P-ssec.3) This section does not apply to a fuel seller if the fuel seller gives the information mentioned in subsection&#160;(2) to the chief executive in or with returns given under section&#160;35E .\n- (a) in the last financial year; and\n- (b) in each calendar quarter of the last financial year.","sortOrder":60},{"sectionNumber":"sec.35Q","sectionType":"section","heading":"False or misleading information","content":"### sec.35Q False or misleading information\n\nA person must not give the chief executive information under this part the person knows is false or misleading in a material particular.\nMaximum penalty—100 penalty units.\nSubsection&#160;(1) does not apply to information in a document if the person, when giving the information—\ntells the chief executive, to the best of the person’s ability, how the document is false or misleading; and\nif the person has, or can reasonably obtain, the correct information—gives the correct information to the chief executive.\nSection&#160;47 does not apply to a document containing information to which subsection&#160;(1) applies.\ns&#160;35Q ins 2015 No.&#160;31 s&#160;6\n(sec.35Q-ssec.1) A person must not give the chief executive information under this part the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units.\n(sec.35Q-ssec.2) Subsection&#160;(1) does not apply to information in a document if the person, when giving the information— tells the chief executive, to the best of the person’s ability, how the document is false or misleading; and if the person has, or can reasonably obtain, the correct information—gives the correct information to the chief executive.\n(sec.35Q-ssec.3) Section&#160;47 does not apply to a document containing information to which subsection&#160;(1) applies.\n- (a) tells the chief executive, to the best of the person’s ability, how the document is false or misleading; and\n- (b) if the person has, or can reasonably obtain, the correct information—gives the correct information to the chief executive.","sortOrder":61},{"sectionNumber":"sec.35R","sectionType":"section","heading":"Publishing information","content":"### sec.35R Publishing information\n\nThe chief executive may publish, on the department’s website, the following information about sustainable biofuel sold in a calendar quarter—\nthe amount of sustainable biofuel sold by all fuel sellers;\nthe amount of sustainable biobased petrol, stated as a percentage of the combined volume of regular petrol and regular petrol-biobased petrol blend, sold by—\nall fuel sellers; or\nstated fuel sellers;\nthe amount of sustainable biobased diesel, stated as a percentage of the combined volume of diesel and diesel-biobased diesel blend, sold by—\nall fuel sellers; or\nstated fuel sellers;\ns&#160;35R ins 2015 No.&#160;31 s&#160;6\n- (a) the amount of sustainable biofuel sold by all fuel sellers;\n- (b) the amount of sustainable biobased petrol, stated as a percentage of the combined volume of regular petrol and regular petrol-biobased petrol blend, sold by— (i) all fuel sellers; or (ii) stated fuel sellers;\n- (i) all fuel sellers; or\n- (ii) stated fuel sellers;\n- (c) the amount of sustainable biobased diesel, stated as a percentage of the combined volume of diesel and diesel-biobased diesel blend, sold by— (i) all fuel sellers; or (ii) stated fuel sellers;\n- (i) all fuel sellers; or\n- (ii) stated fuel sellers;\n- (i) all fuel sellers; or\n- (ii) stated fuel sellers;\n- (i) all fuel sellers; or\n- (ii) stated fuel sellers;","sortOrder":62},{"sectionNumber":"sec.35S","sectionType":"section","heading":"Compensation","content":"### sec.35S Compensation\n\nSection&#160;50 does not apply to a fuel seller complying with, or giving effect to—\na provision of this part; or\na direction, prohibition or requisition directed to the fuel seller for this part.\nSubsection&#160;(1) (b) applies only if the person giving or making the direction, prohibition or requisition acted in good faith and without negligence.\ns&#160;35S ins 2015 No.&#160;31 s&#160;6\n(sec.35S-ssec.1) Section&#160;50 does not apply to a fuel seller complying with, or giving effect to— a provision of this part; or a direction, prohibition or requisition directed to the fuel seller for this part.\n(sec.35S-ssec.2) Subsection&#160;(1) (b) applies only if the person giving or making the direction, prohibition or requisition acted in good faith and without negligence.\n- (a) a provision of this part; or\n- (b) a direction, prohibition or requisition directed to the fuel seller for this part.","sortOrder":63},{"sectionNumber":"pt.6","sectionType":"part","heading":"Enforcement provisions","content":"# Enforcement provisions","sortOrder":64},{"sectionNumber":"sec.36","sectionType":"section","heading":"Authorised persons","content":"### sec.36 Authorised persons\n\nThe Minister may appoint such number of authorised persons as the Minister thinks necessary for the purpose of giving effect to and enforcing the provisions of this Act.\nAn authorised person shall perform such duties as the person is directed by the Minister, either generally or in a particular case.\nEach authorised person shall be furnished with an identity card, which shall contain a certificate by the Minister that the person is an authorised person for the purposes of this Act.\nIn subsection&#160;(3) —\nauthorised person does not include a person who is a police officer.\nA person to whom an identity card has been issued under this Act shall, upon the person ceasing to be an authorised person, surrender the identity card to the Minister or to a person nominated by the Minister by instrument in writing.\nMaximum penalty—$100.\n(sec.36-ssec.1) The Minister may appoint such number of authorised persons as the Minister thinks necessary for the purpose of giving effect to and enforcing the provisions of this Act.\n(sec.36-ssec.2) An authorised person shall perform such duties as the person is directed by the Minister, either generally or in a particular case.\n(sec.36-ssec.3) Each authorised person shall be furnished with an identity card, which shall contain a certificate by the Minister that the person is an authorised person for the purposes of this Act.\n(sec.36-ssec.3A) In subsection&#160;(3) — authorised person does not include a person who is a police officer.\n(sec.36-ssec.4) A person to whom an identity card has been issued under this Act shall, upon the person ceasing to be an authorised person, surrender the identity card to the Minister or to a person nominated by the Minister by instrument in writing. Maximum penalty—$100.","sortOrder":65},{"sectionNumber":"sec.37","sectionType":"section","heading":"Powers of authorised persons","content":"### sec.37 Powers of authorised persons\n\nAn authorised person may, with such assistance as the authorised person considers necessary—\nsubject to subsection&#160;(4) , enter any premises or place where there is carried on a business concerned with trading in liquid fuel and enter any other premises or place where the authorised person suspects on reasonable grounds that there is to be found evidence that an offence against this Act is being, has been or is about to be committed;\ninspect all parts of any premises or place lawfully entered by the authorised person and any vehicle, vessel or aircraft therein that is so constructed as to be capable of transporting liquid fuel and all compartments, receptacles and equipment in or on such premises, places, vehicle, vessel or aircraft;\nrequire the occupier or person apparently in charge of any premises or place lawfully entered by the authorised person—\nto open in the presence of the authorised person any compartment or receptacle in or on such premises or place or in or on any such vehicle, vessel or aircraft therein;\nto examine in the presence of the authorised person the contents, being in the authorised person’s opinion liquid fuel, of any such compartment or receptacle;\nto produce to the authorised person all documents relating to the business carried on at such premises or place;\nexamine and take extracts from or make copies of documents relating to a business carried on in or on any premises or place lawfully entered by the authorised person;\nbreak open any compartment or receptacle that has not been opened in response to a requisition made by the authorised person;\nexamine the contents, being in the authorised person’s opinion liquid fuel, of any compartment or receptacle in or on any premises or place lawfully entered by the authorised person;\nseize and retain or secure any liquid fuel, vehicle, vessel, aircraft, receptacle, equipment, document or other thing whatsoever that in the authorised person’s opinion is likely to afford evidence of an offence against this Act.\nAn authorised person may, with such assistance as the authorised person considers necessary—\nwhere the authorised person suspects on reasonable grounds that any vehicle, vessel or aircraft is being used or is so constructed as to be capable of being used for the transport of liquid fuel, require the driver or person in charge thereof—\nto stop the vehicle, vessel or aircraft; or\nto move the vehicle, vessel or aircraft to a place indicated by the authorised person; or\nnot to move the vehicle, vessel or aircraft;\nsubject to subsection&#160;(4) , enter any premises or place in or on which any such vehicle, vessel or aircraft is found;\nboard any such vehicle, vessel or aircraft and inspect all parts thereof and all compartments, receptacles and equipment in or on the vehicle, vessel or aircraft;\nrequire the driver or person in charge of such a vehicle, vessel or aircraft—\nto open in the presence of the authorised person any compartment or receptacle in or on the vehicle, vessel or aircraft;\nto inform the authorised person of the nature of any substance being transported therein or thereon;\nto inform the authorised person of the place where such substance was loaded onto the vehicle, vessel or aircraft and the person to whom and place where the substance is to be delivered;\nto examine in the presence of the authorised person the contents, being in the authorised person’s opinion, liquid fuel, of any compartment or receptacle in or on the vehicle, vessel or aircraft;\nto produce to the authorised person for the authorised person’s examination all waybills, consignment notes or delivery notes relevant to the load in or on the vehicle, vessel or aircraft;\nbreak open any compartment or receptacle that has not been opened in response to a requisition made by the authorised person;\nexamine the contents, being in the authorised person’s opinion liquid fuel, of any compartment or receptacle in or on a vehicle, vessel or aircraft stopped or boarded by the authorised person;\nseize and retain or secure any liquid fuel, vehicle, vessel, aircraft, receptacle, equipment, document or other thing whatsoever that in the authorised person’s opinion is likely to afford evidence of an offence against this Act.\nWhere an authorised person suspects on reasonable grounds that an offence against this Act is being, has been or is about to be committed—\nby any person; or\nin or in respect of any premises, place, vehicle, vessel or aircraft;\nthe authorised person may require that person or, as the case may be, the person in charge of the premises, place, vehicle, vessel or aircraft to state the person’s true name and place of residence and place of business and may further require that person to produce evidence as to the person’s true name and place of residence and place of business, immediately or at a place and within a period stipulated by the authorised person.\nAn authorised person is not entitled to enter any dwelling house used exclusively for residential purposes or a part used exclusively for residential purposes of any building unless the authorised person first obtains—\nthe consent of the occupier thereof; or\na search warrant that authorises such entry.\nA justice who is satisfied upon the complaint of an authorised person that there is reasonable cause to suspect that in any place there is to be found evidence that an offence against this Act is being, has been or is about to be committed may issue the justice’s warrant directed to the authorised person to enter the place specified in the warrant with such assistance as the justice considers necessary for the purpose of exercising therein the powers conferred on an authorised person by this Act.\nSuch a warrant shall be, for a period of 1 month from the date of its issue, lawful authority for the authorised person and all persons acting in aid of the authorised person—\nto enter the place specified in the warrant; and\nto exercise therein the powers conferred on the authorised person by this Act.\nIn subsection&#160;(4) a dwelling house or part of a building used for residential purposes does not include the curtilage thereof.\nThe following provisions apply in respect of the exercise of the authorised person’s powers by an authorised person—\nan authorised person is not entitled to remain in or on any premises, place, vehicle, vessel or aircraft entered or boarded by the authorised person for the purposes of this Act if, upon the request of the occupier, driver or person apparently in charge thereof, he fails to produce the identity card issued to the authorised person pursuant to section&#160;36 (3) ;\nduring a period of emergency the powers of an authorised person may be exercised by the authorised person at any hour of the day or night;\nwhere a liquid fuel emergency has been declared in relation to a liquid fuel of a particular kind the powers of an authorised person may be exercised only in relation to liquid fuel of that kind.\n(sec.37-ssec.1) An authorised person may, with such assistance as the authorised person considers necessary— subject to subsection&#160;(4) , enter any premises or place where there is carried on a business concerned with trading in liquid fuel and enter any other premises or place where the authorised person suspects on reasonable grounds that there is to be found evidence that an offence against this Act is being, has been or is about to be committed; inspect all parts of any premises or place lawfully entered by the authorised person and any vehicle, vessel or aircraft therein that is so constructed as to be capable of transporting liquid fuel and all compartments, receptacles and equipment in or on such premises, places, vehicle, vessel or aircraft; require the occupier or person apparently in charge of any premises or place lawfully entered by the authorised person— to open in the presence of the authorised person any compartment or receptacle in or on such premises or place or in or on any such vehicle, vessel or aircraft therein; to examine in the presence of the authorised person the contents, being in the authorised person’s opinion liquid fuel, of any such compartment or receptacle; to produce to the authorised person all documents relating to the business carried on at such premises or place; examine and take extracts from or make copies of documents relating to a business carried on in or on any premises or place lawfully entered by the authorised person; break open any compartment or receptacle that has not been opened in response to a requisition made by the authorised person; examine the contents, being in the authorised person’s opinion liquid fuel, of any compartment or receptacle in or on any premises or place lawfully entered by the authorised person; seize and retain or secure any liquid fuel, vehicle, vessel, aircraft, receptacle, equipment, document or other thing whatsoever that in the authorised person’s opinion is likely to afford evidence of an offence against this Act.\n(sec.37-ssec.2) An authorised person may, with such assistance as the authorised person considers necessary— where the authorised person suspects on reasonable grounds that any vehicle, vessel or aircraft is being used or is so constructed as to be capable of being used for the transport of liquid fuel, require the driver or person in charge thereof— to stop the vehicle, vessel or aircraft; or to move the vehicle, vessel or aircraft to a place indicated by the authorised person; or not to move the vehicle, vessel or aircraft; subject to subsection&#160;(4) , enter any premises or place in or on which any such vehicle, vessel or aircraft is found; board any such vehicle, vessel or aircraft and inspect all parts thereof and all compartments, receptacles and equipment in or on the vehicle, vessel or aircraft; require the driver or person in charge of such a vehicle, vessel or aircraft— to open in the presence of the authorised person any compartment or receptacle in or on the vehicle, vessel or aircraft; to inform the authorised person of the nature of any substance being transported therein or thereon; to inform the authorised person of the place where such substance was loaded onto the vehicle, vessel or aircraft and the person to whom and place where the substance is to be delivered; to examine in the presence of the authorised person the contents, being in the authorised person’s opinion, liquid fuel, of any compartment or receptacle in or on the vehicle, vessel or aircraft; to produce to the authorised person for the authorised person’s examination all waybills, consignment notes or delivery notes relevant to the load in or on the vehicle, vessel or aircraft; break open any compartment or receptacle that has not been opened in response to a requisition made by the authorised person; examine the contents, being in the authorised person’s opinion liquid fuel, of any compartment or receptacle in or on a vehicle, vessel or aircraft stopped or boarded by the authorised person; seize and retain or secure any liquid fuel, vehicle, vessel, aircraft, receptacle, equipment, document or other thing whatsoever that in the authorised person’s opinion is likely to afford evidence of an offence against this Act.\n(sec.37-ssec.3) Where an authorised person suspects on reasonable grounds that an offence against this Act is being, has been or is about to be committed— by any person; or in or in respect of any premises, place, vehicle, vessel or aircraft; the authorised person may require that person or, as the case may be, the person in charge of the premises, place, vehicle, vessel or aircraft to state the person’s true name and place of residence and place of business and may further require that person to produce evidence as to the person’s true name and place of residence and place of business, immediately or at a place and within a period stipulated by the authorised person.\n(sec.37-ssec.4) An authorised person is not entitled to enter any dwelling house used exclusively for residential purposes or a part used exclusively for residential purposes of any building unless the authorised person first obtains— the consent of the occupier thereof; or a search warrant that authorises such entry.\n(sec.37-ssec.4A) A justice who is satisfied upon the complaint of an authorised person that there is reasonable cause to suspect that in any place there is to be found evidence that an offence against this Act is being, has been or is about to be committed may issue the justice’s warrant directed to the authorised person to enter the place specified in the warrant with such assistance as the justice considers necessary for the purpose of exercising therein the powers conferred on an authorised person by this Act.\n(sec.37-ssec.4B) Such a warrant shall be, for a period of 1 month from the date of its issue, lawful authority for the authorised person and all persons acting in aid of the authorised person— to enter the place specified in the warrant; and to exercise therein the powers conferred on the authorised person by this Act.\n(sec.37-ssec.4C) In subsection&#160;(4) a dwelling house or part of a building used for residential purposes does not include the curtilage thereof.\n(sec.37-ssec.5) The following provisions apply in respect of the exercise of the authorised person’s powers by an authorised person— an authorised person is not entitled to remain in or on any premises, place, vehicle, vessel or aircraft entered or boarded by the authorised person for the purposes of this Act if, upon the request of the occupier, driver or person apparently in charge thereof, he fails to produce the identity card issued to the authorised person pursuant to section&#160;36 (3) ; during a period of emergency the powers of an authorised person may be exercised by the authorised person at any hour of the day or night; where a liquid fuel emergency has been declared in relation to a liquid fuel of a particular kind the powers of an authorised person may be exercised only in relation to liquid fuel of that kind.\n- (a) subject to subsection&#160;(4) , enter any premises or place where there is carried on a business concerned with trading in liquid fuel and enter any other premises or place where the authorised person suspects on reasonable grounds that there is to be found evidence that an offence against this Act is being, has been or is about to be committed;\n- (b) inspect all parts of any premises or place lawfully entered by the authorised person and any vehicle, vessel or aircraft therein that is so constructed as to be capable of transporting liquid fuel and all compartments, receptacles and equipment in or on such premises, places, vehicle, vessel or aircraft;\n- (c) require the occupier or person apparently in charge of any premises or place lawfully entered by the authorised person— (i) to open in the presence of the authorised person any compartment or receptacle in or on such premises or place or in or on any such vehicle, vessel or aircraft therein; (ii) to examine in the presence of the authorised person the contents, being in the authorised person’s opinion liquid fuel, of any such compartment or receptacle; (iii) to produce to the authorised person all documents relating to the business carried on at such premises or place;\n- (i) to open in the presence of the authorised person any compartment or receptacle in or on such premises or place or in or on any such vehicle, vessel or aircraft therein;\n- (ii) to examine in the presence of the authorised person the contents, being in the authorised person’s opinion liquid fuel, of any such compartment or receptacle;\n- (iii) to produce to the authorised person all documents relating to the business carried on at such premises or place;\n- (d) examine and take extracts from or make copies of documents relating to a business carried on in or on any premises or place lawfully entered by the authorised person;\n- (e) break open any compartment or receptacle that has not been opened in response to a requisition made by the authorised person;\n- (f) examine the contents, being in the authorised person’s opinion liquid fuel, of any compartment or receptacle in or on any premises or place lawfully entered by the authorised person;\n- (g) seize and retain or secure any liquid fuel, vehicle, vessel, aircraft, receptacle, equipment, document or other thing whatsoever that in the authorised person’s opinion is likely to afford evidence of an offence against this Act.\n- (i) to open in the presence of the authorised person any compartment or receptacle in or on such premises or place or in or on any such vehicle, vessel or aircraft therein;\n- (ii) to examine in the presence of the authorised person the contents, being in the authorised person’s opinion liquid fuel, of any such compartment or receptacle;\n- (iii) to produce to the authorised person all documents relating to the business carried on at such premises or place;\n- (a) where the authorised person suspects on reasonable grounds that any vehicle, vessel or aircraft is being used or is so constructed as to be capable of being used for the transport of liquid fuel, require the driver or person in charge thereof— (i) to stop the vehicle, vessel or aircraft; or (ii) to move the vehicle, vessel or aircraft to a place indicated by the authorised person; or (iii) not to move the vehicle, vessel or aircraft;\n- (i) to stop the vehicle, vessel or aircraft; or\n- (ii) to move the vehicle, vessel or aircraft to a place indicated by the authorised person; or\n- (iii) not to move the vehicle, vessel or aircraft;\n- (b) subject to subsection&#160;(4) , enter any premises or place in or on which any such vehicle, vessel or aircraft is found;\n- (c) board any such vehicle, vessel or aircraft and inspect all parts thereof and all compartments, receptacles and equipment in or on the vehicle, vessel or aircraft;\n- (d) require the driver or person in charge of such a vehicle, vessel or aircraft— (i) to open in the presence of the authorised person any compartment or receptacle in or on the vehicle, vessel or aircraft; (ii) to inform the authorised person of the nature of any substance being transported therein or thereon; (iii) to inform the authorised person of the place where such substance was loaded onto the vehicle, vessel or aircraft and the person to whom and place where the substance is to be delivered; (iv) to examine in the presence of the authorised person the contents, being in the authorised person’s opinion, liquid fuel, of any compartment or receptacle in or on the vehicle, vessel or aircraft; (v) to produce to the authorised person for the authorised person’s examination all waybills, consignment notes or delivery notes relevant to the load in or on the vehicle, vessel or aircraft;\n- (i) to open in the presence of the authorised person any compartment or receptacle in or on the vehicle, vessel or aircraft;\n- (ii) to inform the authorised person of the nature of any substance being transported therein or thereon;\n- (iii) to inform the authorised person of the place where such substance was loaded onto the vehicle, vessel or aircraft and the person to whom and place where the substance is to be delivered;\n- (iv) to examine in the presence of the authorised person the contents, being in the authorised person’s opinion, liquid fuel, of any compartment or receptacle in or on the vehicle, vessel or aircraft;\n- (v) to produce to the authorised person for the authorised person’s examination all waybills, consignment notes or delivery notes relevant to the load in or on the vehicle, vessel or aircraft;\n- (e) break open any compartment or receptacle that has not been opened in response to a requisition made by the authorised person;\n- (f) examine the contents, being in the authorised person’s opinion liquid fuel, of any compartment or receptacle in or on a vehicle, vessel or aircraft stopped or boarded by the authorised person;\n- (g) seize and retain or secure any liquid fuel, vehicle, vessel, aircraft, receptacle, equipment, document or other thing whatsoever that in the authorised person’s opinion is likely to afford evidence of an offence against this Act.\n- (i) to stop the vehicle, vessel or aircraft; or\n- (ii) to move the vehicle, vessel or aircraft to a place indicated by the authorised person; or\n- (iii) not to move the vehicle, vessel or aircraft;\n- (i) to open in the presence of the authorised person any compartment or receptacle in or on the vehicle, vessel or aircraft;\n- (ii) to inform the authorised person of the nature of any substance being transported therein or thereon;\n- (iii) to inform the authorised person of the place where such substance was loaded onto the vehicle, vessel or aircraft and the person to whom and place where the substance is to be delivered;\n- (iv) to examine in the presence of the authorised person the contents, being in the authorised person’s opinion, liquid fuel, of any compartment or receptacle in or on the vehicle, vessel or aircraft;\n- (v) to produce to the authorised person for the authorised person’s examination all waybills, consignment notes or delivery notes relevant to the load in or on the vehicle, vessel or aircraft;\n- (a) by any person; or\n- (b) in or in respect of any premises, place, vehicle, vessel or aircraft;\n- (a) the consent of the occupier thereof; or\n- (b) a search warrant that authorises such entry.\n- (a) to enter the place specified in the warrant; and\n- (b) to exercise therein the powers conferred on the authorised person by this Act.\n- (a) an authorised person is not entitled to remain in or on any premises, place, vehicle, vessel or aircraft entered or boarded by the authorised person for the purposes of this Act if, upon the request of the occupier, driver or person apparently in charge thereof, he fails to produce the identity card issued to the authorised person pursuant to section&#160;36 (3) ;\n- (b) during a period of emergency the powers of an authorised person may be exercised by the authorised person at any hour of the day or night;\n- (c) where a liquid fuel emergency has been declared in relation to a liquid fuel of a particular kind the powers of an authorised person may be exercised only in relation to liquid fuel of that kind.","sortOrder":66},{"sectionNumber":"sec.38","sectionType":"section","heading":"Compliance with authorised person’s requisition","content":"### sec.38 Compliance with authorised person’s requisition\n\nA person shall not refuse or fail to comply with a requisition made on him or her by an authorised person pursuant to section&#160;37 .\nMaximum penalty—$1000.","sortOrder":67},{"sectionNumber":"sec.39","sectionType":"section","heading":"Limitation on seizure etc.","content":"### sec.39 Limitation on seizure etc.\n\nWhere an authorised person has seized and retained or secured any thing pursuant to section&#160;37 that thing may be so retained or secured until the expiration of 60 days from its seizure or, if within that period proceedings are commenced in which the thing seized may afford evidence, until those proceedings (including all appeals arising out of those proceedings) are terminated.\nAt any time while anything seized is retained or secured the Minister may, by instrument in writing, authorise its release to the person from whose possession it was seized, either unconditionally or upon such conditions as the Minister thinks fit and such instrument shall be given effect.\n(sec.39-ssec.1) Where an authorised person has seized and retained or secured any thing pursuant to section&#160;37 that thing may be so retained or secured until the expiration of 60 days from its seizure or, if within that period proceedings are commenced in which the thing seized may afford evidence, until those proceedings (including all appeals arising out of those proceedings) are terminated.\n(sec.39-ssec.2) At any time while anything seized is retained or secured the Minister may, by instrument in writing, authorise its release to the person from whose possession it was seized, either unconditionally or upon such conditions as the Minister thinks fit and such instrument shall be given effect.","sortOrder":68},{"sectionNumber":"sec.40","sectionType":"section","heading":"Authorised person may require information and documents","content":"### sec.40 Authorised person may require information and documents\n\nAn authorised person who suspects on reasonable grounds that any person is in a position to furnish information or produce a document concerning a matter relevant to—\nthe exercise of a power conferred on the Minister by this Act; or\nthe commission of an offence against this Act;\nmay, by notice in writing served on that person, require that person—\nto furnish to the authorised person, in writing signed by that person or in the case of a body corporate by a competent officer of the body corporate, within the time and in the manner specified in the notice, such information; or\nto produce to the authorised person, or to another authorised person specified in the notice, in accordance with the notice, such document.\nA person shall not refuse or fail to comply with a notice under subsection&#160;(1) to the extent that the person is capable of complying with it.\nMaximum penalty—$1000.\nA person shall not, purporting to comply with a notice under subsection&#160;(1) , knowingly furnish information that is false or misleading in a material particular.\nMaximum penalty—$2000 or 3 months imprisonment.\nA person is not excused from furnishing information or producing a document as required by a notice under subsection&#160;(1) on the ground that the information or the production of the document might tend to incriminate the person but the information furnished or the document produced is not admissible in evidence against the person in proceedings upon a charge of an offence other than an offence consisting of a contravention of this section or section&#160;47 .\nAn authorised person may examine a document produced pursuant to a notice under subsection&#160;(1) and take extracts from or make copies of the document.\nAn authorised person, may, for the purposes of this Act, take and retain for as long as is necessary for the purposes referred to in subsection&#160;(5) possession of a document produced pursuant to a notice under subsection&#160;(1) but any person otherwise entitled to possession of the document is entitled to be supplied, as soon as is practicable, with a copy certified by the authorised person to be a true copy and such certified copy shall be received in all courts as evidence as if it were the original.\nUntil such certified copy is supplied, the authorised person having possession of the document shall, at such times and places as the authorised person thinks fit, permit a person otherwise entitled to possession of the document or a person authorised by that person to inspect and take extracts from and make copies of the document.\n(sec.40-ssec.1) An authorised person who suspects on reasonable grounds that any person is in a position to furnish information or produce a document concerning a matter relevant to— the exercise of a power conferred on the Minister by this Act; or the commission of an offence against this Act; may, by notice in writing served on that person, require that person— to furnish to the authorised person, in writing signed by that person or in the case of a body corporate by a competent officer of the body corporate, within the time and in the manner specified in the notice, such information; or to produce to the authorised person, or to another authorised person specified in the notice, in accordance with the notice, such document.\n(sec.40-ssec.2) A person shall not refuse or fail to comply with a notice under subsection&#160;(1) to the extent that the person is capable of complying with it. Maximum penalty—$1000.\n(sec.40-ssec.3) A person shall not, purporting to comply with a notice under subsection&#160;(1) , knowingly furnish information that is false or misleading in a material particular. Maximum penalty—$2000 or 3 months imprisonment.\n(sec.40-ssec.4) A person is not excused from furnishing information or producing a document as required by a notice under subsection&#160;(1) on the ground that the information or the production of the document might tend to incriminate the person but the information furnished or the document produced is not admissible in evidence against the person in proceedings upon a charge of an offence other than an offence consisting of a contravention of this section or section&#160;47 .\n(sec.40-ssec.5) An authorised person may examine a document produced pursuant to a notice under subsection&#160;(1) and take extracts from or make copies of the document.\n(sec.40-ssec.6) An authorised person, may, for the purposes of this Act, take and retain for as long as is necessary for the purposes referred to in subsection&#160;(5) possession of a document produced pursuant to a notice under subsection&#160;(1) but any person otherwise entitled to possession of the document is entitled to be supplied, as soon as is practicable, with a copy certified by the authorised person to be a true copy and such certified copy shall be received in all courts as evidence as if it were the original.\n(sec.40-ssec.7) Until such certified copy is supplied, the authorised person having possession of the document shall, at such times and places as the authorised person thinks fit, permit a person otherwise entitled to possession of the document or a person authorised by that person to inspect and take extracts from and make copies of the document.\n- (a) the exercise of a power conferred on the Minister by this Act; or\n- (b) the commission of an offence against this Act;\n- (c) to furnish to the authorised person, in writing signed by that person or in the case of a body corporate by a competent officer of the body corporate, within the time and in the manner specified in the notice, such information; or\n- (d) to produce to the authorised person, or to another authorised person specified in the notice, in accordance with the notice, such document.","sortOrder":69},{"sectionNumber":"sec.41","sectionType":"section","heading":"Police powers of inquiry","content":"### sec.41 Police powers of inquiry\n\nDuring a period of emergency a police officer—\nmay, for the purpose of making inquiry of a driver or person in charge of any vehicle, vessel or aircraft in accordance with paragraph&#160;(b) , require the driver or person in charge to stop the vehicle, vessel or aircraft;\nmay question a driver or person in charge of any vehicle, vessel or aircraft as to—\nthe true name and place of residence and place of business of that driver or person;\nthe true name and place of residence and place of business of the owner of the vehicle, vessel or aircraft or of liquid fuel in or on the vehicle, vessel or aircraft;\nthe source from which liquid fuel in or on the vehicle, vessel or aircraft was obtained;\nany other particulars concerning such liquid fuel as the police officer thinks material to the proper enforcement of this Act;\nmay require a person questioned by the police officer to produce evidence as to the person’s true name and place of residence and place of business, immediately or at a place and within a period stipulated by the police officer.\nA police officer may exercise the powers conferred by subsection&#160;(1) in respect of a vehicle and the driver or person in charge thereof whether the vehicle is on a road or elsewhere and, where the vehicle is not on a road, may, subject to section&#160;37 (4) , enter into and upon any premises or place where the vehicle is.\nA person to whom a requisition or question is directed under subsection&#160;(1) shall not refuse or fail to comply with the requisition or to answer the question.\nMaximum penalty—$1000.\nA person to whom a requisition or question is directed under subsection&#160;(1) shall not in answer to the requisition or question knowingly furnish information that is false or misleading in a material particular.\nMaximum penalty—$2000 or 3 months imprisonment.\n(sec.41-ssec.1) During a period of emergency a police officer— may, for the purpose of making inquiry of a driver or person in charge of any vehicle, vessel or aircraft in accordance with paragraph&#160;(b) , require the driver or person in charge to stop the vehicle, vessel or aircraft; may question a driver or person in charge of any vehicle, vessel or aircraft as to— the true name and place of residence and place of business of that driver or person; the true name and place of residence and place of business of the owner of the vehicle, vessel or aircraft or of liquid fuel in or on the vehicle, vessel or aircraft; the source from which liquid fuel in or on the vehicle, vessel or aircraft was obtained; any other particulars concerning such liquid fuel as the police officer thinks material to the proper enforcement of this Act; may require a person questioned by the police officer to produce evidence as to the person’s true name and place of residence and place of business, immediately or at a place and within a period stipulated by the police officer.\n(sec.41-ssec.2) A police officer may exercise the powers conferred by subsection&#160;(1) in respect of a vehicle and the driver or person in charge thereof whether the vehicle is on a road or elsewhere and, where the vehicle is not on a road, may, subject to section&#160;37 (4) , enter into and upon any premises or place where the vehicle is.\n(sec.41-ssec.3) A person to whom a requisition or question is directed under subsection&#160;(1) shall not refuse or fail to comply with the requisition or to answer the question. Maximum penalty—$1000.\n(sec.41-ssec.4) A person to whom a requisition or question is directed under subsection&#160;(1) shall not in answer to the requisition or question knowingly furnish information that is false or misleading in a material particular. Maximum penalty—$2000 or 3 months imprisonment.\n- (a) may, for the purpose of making inquiry of a driver or person in charge of any vehicle, vessel or aircraft in accordance with paragraph&#160;(b) , require the driver or person in charge to stop the vehicle, vessel or aircraft;\n- (b) may question a driver or person in charge of any vehicle, vessel or aircraft as to— (i) the true name and place of residence and place of business of that driver or person; (ii) the true name and place of residence and place of business of the owner of the vehicle, vessel or aircraft or of liquid fuel in or on the vehicle, vessel or aircraft; (iii) the source from which liquid fuel in or on the vehicle, vessel or aircraft was obtained; (iv) any other particulars concerning such liquid fuel as the police officer thinks material to the proper enforcement of this Act;\n- (i) the true name and place of residence and place of business of that driver or person;\n- (ii) the true name and place of residence and place of business of the owner of the vehicle, vessel or aircraft or of liquid fuel in or on the vehicle, vessel or aircraft;\n- (iii) the source from which liquid fuel in or on the vehicle, vessel or aircraft was obtained;\n- (iv) any other particulars concerning such liquid fuel as the police officer thinks material to the proper enforcement of this Act;\n- (c) may require a person questioned by the police officer to produce evidence as to the person’s true name and place of residence and place of business, immediately or at a place and within a period stipulated by the police officer.\n- (i) the true name and place of residence and place of business of that driver or person;\n- (ii) the true name and place of residence and place of business of the owner of the vehicle, vessel or aircraft or of liquid fuel in or on the vehicle, vessel or aircraft;\n- (iii) the source from which liquid fuel in or on the vehicle, vessel or aircraft was obtained;\n- (iv) any other particulars concerning such liquid fuel as the police officer thinks material to the proper enforcement of this Act;","sortOrder":70},{"sectionNumber":"sec.42","sectionType":"section","heading":"Assistance of authorised persons","content":"### sec.42 Assistance of authorised persons\n\nThe occupier or person in charge of any premises or place entered by an authorised person pursuant to the powers conferred by this Act or of any vehicle, vessel or aircraft boarded by an authorised person pursuant to those powers shall upon the request of the authorised person provide all reasonable assistance to the authorised person and to all persons acting in aid of the authorised person for the purpose of the exercise of the authorised person’s powers under this Act unless the authorised person has upon the request of the occupier or person in charge, failed to produce the authorised person’s identity card furnished to the authorised person under section&#160;36 (3) .\nMaximum penalty—$1000.","sortOrder":71},{"sectionNumber":"sec.43","sectionType":"section","heading":"Obstruction etc. of Minister, authorised person etc.","content":"### sec.43 Obstruction etc. of Minister, authorised person etc.\n\nA person shall not threaten, obstruct or attempt to obstruct or intimidate or attempt to intimidate the Minister, a delegate of the Minister or an authorised person in respect of the exercise of his or her powers or the discharge of his or her functions or duties under this Act.\nMaximum penalty—$2000 or 3 months imprisonment.","sortOrder":72},{"sectionNumber":"sec.44","sectionType":"section","heading":"Proceedings for offences","content":"### sec.44 Proceedings for offences\n\nA person who contravenes or attempts to contravene or who does not comply with any provision of this Act that applies to the person commits an offence against this Act and is liable to—\na penalty not exceeding that specifically prescribed for the contravention or failure to comply; or\nwhere a penalty is not so specifically prescribed, a penalty not exceeding $500.\nProceedings in respect of an offence alleged to have been committed against this Act shall be by way of summary proceedings under the Justices Act 1886 .\nWhere an offence against this Act consists in a refusal or failure by any person to state the person’s true name and place of residence or place of business or to produce evidence thereof in response to a requisition directed to the person by an authorised person the person may be arrested without warrant and dealt with according to law—\nupon a charge of that offence; and\nupon a charge of any other offence against this Act that the person is alleged to have committed.\n(sec.44-ssec.1) A person who contravenes or attempts to contravene or who does not comply with any provision of this Act that applies to the person commits an offence against this Act and is liable to— a penalty not exceeding that specifically prescribed for the contravention or failure to comply; or where a penalty is not so specifically prescribed, a penalty not exceeding $500.\n(sec.44-ssec.2) Proceedings in respect of an offence alleged to have been committed against this Act shall be by way of summary proceedings under the Justices Act 1886 .\n(sec.44-ssec.3) Where an offence against this Act consists in a refusal or failure by any person to state the person’s true name and place of residence or place of business or to produce evidence thereof in response to a requisition directed to the person by an authorised person the person may be arrested without warrant and dealt with according to law— upon a charge of that offence; and upon a charge of any other offence against this Act that the person is alleged to have committed.\n- (a) a penalty not exceeding that specifically prescribed for the contravention or failure to comply; or\n- (b) where a penalty is not so specifically prescribed, a penalty not exceeding $500.\n- (a) upon a charge of that offence; and\n- (b) upon a charge of any other offence against this Act that the person is alleged to have committed.","sortOrder":73},{"sectionNumber":"pt.7","sectionType":"part","heading":"Miscellaneous provisions","content":"# Miscellaneous provisions","sortOrder":74},{"sectionNumber":"sec.45","sectionType":"section","heading":"Trade secrets","content":"### sec.45 Trade secrets\n\nA person who believes that supplying information to the Minister or to an authorised person in the discharge of an obligation under this Act will result in the disclosure of a trade secret may, by writing served on the Minister, object to discharging the obligation so far as it relates to the trade secret.\nThe Minister may cause the matter of an objection to be investigated and may, by instrument in writing, exempt the person who has objected from the obligation in question, either absolutely or to such extent as the Minister thinks fit and specifies in the instrument.\nThe Minister must give the person who objected—\na copy of the instrument; and\nan information notice for the Minister’s decision.\nA person who has objected under subsection&#160;(1) may apply, as provided under the QCAT Act , to QCAT for a review of the decision.\nFor the purposes of this section—\ntrade secret includes information or knowledge concerning the technology of the extraction, production or storage of liquid fuel resources or liquid fuel or concerning the marketing of liquid fuel or concerning reserves of liquid fuel or concerning the business of the person subject to the obligation referred to in subsection&#160;(1) , being information or knowledge that would be expected on reasonable grounds to affect the business interests of that person if it were disclosed to another person in a like business.\ns&#160;45 amd 2009 No.&#160;24 s&#160;617\n(sec.45-ssec.1) A person who believes that supplying information to the Minister or to an authorised person in the discharge of an obligation under this Act will result in the disclosure of a trade secret may, by writing served on the Minister, object to discharging the obligation so far as it relates to the trade secret.\n(sec.45-ssec.2) The Minister may cause the matter of an objection to be investigated and may, by instrument in writing, exempt the person who has objected from the obligation in question, either absolutely or to such extent as the Minister thinks fit and specifies in the instrument.\n(sec.45-ssec.3) The Minister must give the person who objected— a copy of the instrument; and an information notice for the Minister’s decision.\n(sec.45-ssec.4) A person who has objected under subsection&#160;(1) may apply, as provided under the QCAT Act , to QCAT for a review of the decision.\n(sec.45-ssec.5) For the purposes of this section— trade secret includes information or knowledge concerning the technology of the extraction, production or storage of liquid fuel resources or liquid fuel or concerning the marketing of liquid fuel or concerning reserves of liquid fuel or concerning the business of the person subject to the obligation referred to in subsection&#160;(1) , being information or knowledge that would be expected on reasonable grounds to affect the business interests of that person if it were disclosed to another person in a like business.\n- (a) a copy of the instrument; and\n- (b) an information notice for the Minister’s decision.","sortOrder":75},{"sectionNumber":"sec.46","sectionType":"section","heading":"Injunctions","content":"### sec.46 Injunctions\n\nWhere a person has engaged, is engaging or is proposing to engage in conduct that contravenes a provision of this Act the Supreme Court may on the application of—\nthe Minister; or\na person whose interests have been, are or are likely to be affected by the conduct;\ngrant an injunction restraining the firstmentioned person from engaging in the conduct and, if in the opinion of the court, it is desirable to do so, requiring that person to do any act or thing.\nWhere—\na person has refused or failed, is refusing or failing or is proposing to refuse or fail to do any act or thing; and\nthat refusal or failure is or would be a contravention of a provision of this Act;\nthe court may on the application of—\nthe Minister; or\na person whose interests have been, are or are likely to be affected by that refusal or failure;\ngrant an injunction requiring the firstmentioned person to do that act or thing.\nWhere an application is made to the Supreme Court for an injunction under subsection&#160;(1) the court may, if in its opinion it is desirable to do so, before considering the application, grant an interim injunction restraining conduct of the kind referred to in the subsection pending the determination of the application.\nThe Supreme Court may rescind or vary an injunction granted under subsection&#160;(1) , (2) or (3) .\nWhere an application is made for an injunction restraining conduct of a particular kind or requiring the doing of any act or thing the power of the Supreme Court to grant the injunction may be exercised—\nif the court is satisfied that the person whose conduct is to be restrained or who is to be required to do the act or thing has engaged in conduct of that kind or, as the case may be, has refused or failed to do the act or thing—whether or not it appears to the court that the person intends to engage again or continue to engage in conduct of that kind or, as the case may be, intends to refuse or fail again or to continue to refuse or fail to do the act or thing; or\nif it appears to the court that in the event that an injunction is not granted it is likely that the person whose conduct is to be restrained or who is to be required to do the act or thing will engage in conduct of that kind—whether or not the person has previously engaged in conduct of that kind—or, as the case may be, will refuse or fail to do the act or thing—whether or not the person has previously refused or failed to do the act or thing—and, in either case, whether or not there is an imminent danger of substantial damage to any other person if the person engages in conduct of that kind or, as the case may be, refuses or fails to do the act or thing.\nWhere the Minister makes application to the Supreme Court for an injunction under this section the court shall not require the Minister or any other person to give an undertaking as to damages as a condition of granting an interim injunction.\n(sec.46-ssec.1) Where a person has engaged, is engaging or is proposing to engage in conduct that contravenes a provision of this Act the Supreme Court may on the application of— the Minister; or a person whose interests have been, are or are likely to be affected by the conduct; grant an injunction restraining the firstmentioned person from engaging in the conduct and, if in the opinion of the court, it is desirable to do so, requiring that person to do any act or thing.\n(sec.46-ssec.2) Where— a person has refused or failed, is refusing or failing or is proposing to refuse or fail to do any act or thing; and that refusal or failure is or would be a contravention of a provision of this Act; the court may on the application of— the Minister; or a person whose interests have been, are or are likely to be affected by that refusal or failure; grant an injunction requiring the firstmentioned person to do that act or thing.\n(sec.46-ssec.3) Where an application is made to the Supreme Court for an injunction under subsection&#160;(1) the court may, if in its opinion it is desirable to do so, before considering the application, grant an interim injunction restraining conduct of the kind referred to in the subsection pending the determination of the application.\n(sec.46-ssec.4) The Supreme Court may rescind or vary an injunction granted under subsection&#160;(1) , (2) or (3) .\n(sec.46-ssec.5) Where an application is made for an injunction restraining conduct of a particular kind or requiring the doing of any act or thing the power of the Supreme Court to grant the injunction may be exercised— if the court is satisfied that the person whose conduct is to be restrained or who is to be required to do the act or thing has engaged in conduct of that kind or, as the case may be, has refused or failed to do the act or thing—whether or not it appears to the court that the person intends to engage again or continue to engage in conduct of that kind or, as the case may be, intends to refuse or fail again or to continue to refuse or fail to do the act or thing; or if it appears to the court that in the event that an injunction is not granted it is likely that the person whose conduct is to be restrained or who is to be required to do the act or thing will engage in conduct of that kind—whether or not the person has previously engaged in conduct of that kind—or, as the case may be, will refuse or fail to do the act or thing—whether or not the person has previously refused or failed to do the act or thing—and, in either case, whether or not there is an imminent danger of substantial damage to any other person if the person engages in conduct of that kind or, as the case may be, refuses or fails to do the act or thing.\n(sec.46-ssec.6) Where the Minister makes application to the Supreme Court for an injunction under this section the court shall not require the Minister or any other person to give an undertaking as to damages as a condition of granting an interim injunction.\n- (a) the Minister; or\n- (b) a person whose interests have been, are or are likely to be affected by the conduct;\n- (a) a person has refused or failed, is refusing or failing or is proposing to refuse or fail to do any act or thing; and\n- (b) that refusal or failure is or would be a contravention of a provision of this Act;\n- (c) the Minister; or\n- (d) a person whose interests have been, are or are likely to be affected by that refusal or failure;\n- (a) if the court is satisfied that the person whose conduct is to be restrained or who is to be required to do the act or thing has engaged in conduct of that kind or, as the case may be, has refused or failed to do the act or thing—whether or not it appears to the court that the person intends to engage again or continue to engage in conduct of that kind or, as the case may be, intends to refuse or fail again or to continue to refuse or fail to do the act or thing; or\n- (b) if it appears to the court that in the event that an injunction is not granted it is likely that the person whose conduct is to be restrained or who is to be required to do the act or thing will engage in conduct of that kind—whether or not the person has previously engaged in conduct of that kind—or, as the case may be, will refuse or fail to do the act or thing—whether or not the person has previously refused or failed to do the act or thing—and, in either case, whether or not there is an imminent danger of substantial damage to any other person if the person engages in conduct of that kind or, as the case may be, refuses or fails to do the act or thing.","sortOrder":76},{"sectionNumber":"sec.47","sectionType":"section","heading":"Use of false documents etc.","content":"### sec.47 Use of false documents etc.\n\nA person shall not, with intent to deceive—\nuse a document made or issued for the purposes of this Act or of a direction given under this Act; or\nmake, have in the person’s possession or utter a document, not being a document of a kind referred to in paragraph&#160;(a) , so closely resembling a document of a kind referred to in that paragraph as to be likely to deceive; or\nutter for purposes connected with this Act or with any direction or requisition given under this Act any document that is false in a material particular.\nMaximum penalty—\nin the case of a body corporate—$50,000; or\nin the case of an individual—$10,000 or 12 months imprisonment.\n- (a) use a document made or issued for the purposes of this Act or of a direction given under this Act; or\n- (b) make, have in the person’s possession or utter a document, not being a document of a kind referred to in paragraph&#160;(a) , so closely resembling a document of a kind referred to in that paragraph as to be likely to deceive; or\n- (c) utter for purposes connected with this Act or with any direction or requisition given under this Act any document that is false in a material particular.\n- (a) in the case of a body corporate—$50,000; or\n- (b) in the case of an individual—$10,000 or 12 months imprisonment.","sortOrder":77},{"sectionNumber":"sec.48","sectionType":"section","heading":"Presumed intention and conduct of bodies corporate","content":"### sec.48 Presumed intention and conduct of bodies corporate\n\nWhere, in proceedings in respect of an offence against this Act or under section&#160;46 for an injunction in respect of conduct engaged in by a body corporate it is necessary to establish the intention of a body corporate that intention shall be presumed to be that shown to have been had by its agent or employee who committed the offence or who engaged in the conduct in question.\nFor the purposes of this Act, conduct engaged in by an agent or employee of a body corporate on behalf of the body corporate or by any other person at the direction or with the consent or agreement, express or implied, of an agent or employee of the body corporate shall be deemed to have been engaged in also by the body corporate.\nIn this section a reference to conduct engaged in by any person is a reference to doing or refusing or failing to do any act or thing.\n(sec.48-ssec.1) Where, in proceedings in respect of an offence against this Act or under section&#160;46 for an injunction in respect of conduct engaged in by a body corporate it is necessary to establish the intention of a body corporate that intention shall be presumed to be that shown to have been had by its agent or employee who committed the offence or who engaged in the conduct in question.\n(sec.48-ssec.2) For the purposes of this Act, conduct engaged in by an agent or employee of a body corporate on behalf of the body corporate or by any other person at the direction or with the consent or agreement, express or implied, of an agent or employee of the body corporate shall be deemed to have been engaged in also by the body corporate.\n(sec.48-ssec.3) In this section a reference to conduct engaged in by any person is a reference to doing or refusing or failing to do any act or thing.","sortOrder":78},{"sectionNumber":"sec.49","sectionType":"section","heading":"Compensation for acquisition of property","content":"### sec.49 Compensation for acquisition of property\n\nWhere, but for this subsection, the operation of any provision of this Act, other than a provision that provides for forfeiture by way of a court order, will result in the acquisition of property from one person by another person otherwise than on just terms, there is payable by that other person such amount of compensation as is agreed upon by those persons or, failing agreement, as is determined by the Supreme Court upon application made by 1 of those persons.\nThe entitlement conferred by subsection&#160;(1) is in addition to and not in substitution for any other right, claim or entitlement in law arising out of the event or transaction by which the acquisition of property occurred but—\nany compensation recovered pursuant to the entitlement conferred by subsection&#160;(1) shall be taken into account in assessing damages or compensation or in giving any other remedy in proceedings instituted otherwise than pursuant to that subsection; and\nany damages or compensation recovered or other remedy given in proceedings instituted otherwise than pursuant to subsection&#160;(1) shall be taken into account in assessing compensation payable pursuant to the entitlement conferred by that subsection.\n(sec.49-ssec.1) Where, but for this subsection, the operation of any provision of this Act, other than a provision that provides for forfeiture by way of a court order, will result in the acquisition of property from one person by another person otherwise than on just terms, there is payable by that other person such amount of compensation as is agreed upon by those persons or, failing agreement, as is determined by the Supreme Court upon application made by 1 of those persons.\n(sec.49-ssec.2) The entitlement conferred by subsection&#160;(1) is in addition to and not in substitution for any other right, claim or entitlement in law arising out of the event or transaction by which the acquisition of property occurred but— any compensation recovered pursuant to the entitlement conferred by subsection&#160;(1) shall be taken into account in assessing damages or compensation or in giving any other remedy in proceedings instituted otherwise than pursuant to that subsection; and any damages or compensation recovered or other remedy given in proceedings instituted otherwise than pursuant to subsection&#160;(1) shall be taken into account in assessing compensation payable pursuant to the entitlement conferred by that subsection.\n- (a) any compensation recovered pursuant to the entitlement conferred by subsection&#160;(1) shall be taken into account in assessing damages or compensation or in giving any other remedy in proceedings instituted otherwise than pursuant to that subsection; and\n- (b) any damages or compensation recovered or other remedy given in proceedings instituted otherwise than pursuant to subsection&#160;(1) shall be taken into account in assessing compensation payable pursuant to the entitlement conferred by that subsection.","sortOrder":79},{"sectionNumber":"sec.50","sectionType":"section","heading":"Compensation for loss occasioned by compliance with directions","content":"### sec.50 Compensation for loss occasioned by compliance with directions\n\nSubject to this section, a person or association of persons who—\nas a result of complying with any provision of this Act or with any direction, prohibition or requisition directed to the person or association of persons under this Act; or\nwhile complying with or engaging in giving effect to any such provision, direction, prohibition or requisition;\nsuffers injury, loss or damage for which the person or association of persons is not indemnified is entitled to be paid by the Crown such amount of compensation in respect of the injury, loss or damage as is agreed between the Crown and that person or association of persons or, failing agreement, as is determined by the Supreme Court upon application made by or on behalf of the Crown or that person or association.\nCompensation is not payable under subsection&#160;(1) in respect of injury, loss or damage suffered by a person or association of persons unless a claim for compensation is lodged with the Minister within 12 months, or such longer period as is prescribed, after the injury.\nIn assessing the amount of compensation payable under subsection&#160;(1) in respect of injury, loss or damage suffered—\naccount shall be taken only of so much of the injury, loss or damage as the person or association by or on whose behalf the claim therefor was lodged is not and is not likely to be in a position to make good from the market supplied by that person or association; and\nno account shall be taken of such injury, loss or damage as is of a kind that was sustained by the community at large or a substantial section of it as a result of the same event or transaction; and\ndue regard shall be had to any damages or compensation recovered or other remedy given in proceedings instituted otherwise than pursuant to this section and arising out of the same event or transaction.\n(sec.50-ssec.1) Subject to this section, a person or association of persons who— as a result of complying with any provision of this Act or with any direction, prohibition or requisition directed to the person or association of persons under this Act; or while complying with or engaging in giving effect to any such provision, direction, prohibition or requisition; suffers injury, loss or damage for which the person or association of persons is not indemnified is entitled to be paid by the Crown such amount of compensation in respect of the injury, loss or damage as is agreed between the Crown and that person or association of persons or, failing agreement, as is determined by the Supreme Court upon application made by or on behalf of the Crown or that person or association.\n(sec.50-ssec.2) Compensation is not payable under subsection&#160;(1) in respect of injury, loss or damage suffered by a person or association of persons unless a claim for compensation is lodged with the Minister within 12 months, or such longer period as is prescribed, after the injury.\n(sec.50-ssec.3) In assessing the amount of compensation payable under subsection&#160;(1) in respect of injury, loss or damage suffered— account shall be taken only of so much of the injury, loss or damage as the person or association by or on whose behalf the claim therefor was lodged is not and is not likely to be in a position to make good from the market supplied by that person or association; and no account shall be taken of such injury, loss or damage as is of a kind that was sustained by the community at large or a substantial section of it as a result of the same event or transaction; and due regard shall be had to any damages or compensation recovered or other remedy given in proceedings instituted otherwise than pursuant to this section and arising out of the same event or transaction.\n- (a) as a result of complying with any provision of this Act or with any direction, prohibition or requisition directed to the person or association of persons under this Act; or\n- (b) while complying with or engaging in giving effect to any such provision, direction, prohibition or requisition;\n- (a) account shall be taken only of so much of the injury, loss or damage as the person or association by or on whose behalf the claim therefor was lodged is not and is not likely to be in a position to make good from the market supplied by that person or association; and\n- (b) no account shall be taken of such injury, loss or damage as is of a kind that was sustained by the community at large or a substantial section of it as a result of the same event or transaction; and\n- (c) due regard shall be had to any damages or compensation recovered or other remedy given in proceedings instituted otherwise than pursuant to this section and arising out of the same event or transaction.","sortOrder":80},{"sectionNumber":"sec.51","sectionType":"section","heading":"Exemption from suit for breach of contract","content":"### sec.51 Exemption from suit for breach of contract\n\nA right of action shall not lie against a relevant person in respect of a breach of contract made by that person where the act or omission constituting the breach has occurred by reason only of that person complying with the provisions of this Act or with any direction, prohibition or requisition given under this Act.\nSubsection&#160;(1) shall not prejudice the entitlement to compensation prescribed by section&#160;49 .\n(sec.51-ssec.1) A right of action shall not lie against a relevant person in respect of a breach of contract made by that person where the act or omission constituting the breach has occurred by reason only of that person complying with the provisions of this Act or with any direction, prohibition or requisition given under this Act.\n(sec.51-ssec.2) Subsection&#160;(1) shall not prejudice the entitlement to compensation prescribed by section&#160;49 .","sortOrder":81},{"sectionNumber":"sec.52","sectionType":"section","heading":"Exemption from Act","content":"### sec.52 Exemption from Act\n\nThe Minister may, by instrument in writing, exempt from the operation of this Act generally, other than subsection&#160;(4) , or of the provisions of this Act specified in the instrument—\nany person, association of persons or class of person specified in the instrument;\nany part or parts of Queensland specified in the instrument;\nany class of transaction specified in the instrument;\nany premises or class of premises specified in the instrument;\nand may in like manner vary or revoke an exemption so granted or the conditions to which an exemption is subject.\nAn exemption under subsection&#160;(1) may be granted upon such conditions as the Minister thinks fit and are specified in the instrument.\nA copy of the instrument by which an exemption under subsection&#160;(1) is granted, varied or revoked or by which conditions thereof are specified, varied or revoked shall be published in the gazette.\nA person or a member of an association or class in whose favour an exemption under subsection&#160;(1) subsists and any of his, her or its agents or employees shall not contravene or fail to comply with the conditions to which the exemption is subject for the time being.\nMaximum penalty—$1000.\nFor as long as an exemption under subsection&#160;(1) subsists and the conditions (if any) to which it is subject are complied with by all relevant persons referred to in subsection&#160;(4) this Act (other than subsection&#160;(4) or the provisions of this Act specified in the instrument of exemption) shall not apply in respect of the person, association or a member of the class in whose favour the exemption subsists or in respect of his, her or its agents or employees in the discharge of their duties on his, her or its behalf.\nAn exemption under subsection&#160;(1) must not be granted for a provision of part&#160;5A .\ns&#160;52 amd 2015 No.&#160;31 s&#160;7\n(sec.52-ssec.1) The Minister may, by instrument in writing, exempt from the operation of this Act generally, other than subsection&#160;(4) , or of the provisions of this Act specified in the instrument— any person, association of persons or class of person specified in the instrument; any part or parts of Queensland specified in the instrument; any class of transaction specified in the instrument; any premises or class of premises specified in the instrument; and may in like manner vary or revoke an exemption so granted or the conditions to which an exemption is subject.\n(sec.52-ssec.2) An exemption under subsection&#160;(1) may be granted upon such conditions as the Minister thinks fit and are specified in the instrument.\n(sec.52-ssec.3) A copy of the instrument by which an exemption under subsection&#160;(1) is granted, varied or revoked or by which conditions thereof are specified, varied or revoked shall be published in the gazette.\n(sec.52-ssec.4) A person or a member of an association or class in whose favour an exemption under subsection&#160;(1) subsists and any of his, her or its agents or employees shall not contravene or fail to comply with the conditions to which the exemption is subject for the time being. Maximum penalty—$1000.\n(sec.52-ssec.5) For as long as an exemption under subsection&#160;(1) subsists and the conditions (if any) to which it is subject are complied with by all relevant persons referred to in subsection&#160;(4) this Act (other than subsection&#160;(4) or the provisions of this Act specified in the instrument of exemption) shall not apply in respect of the person, association or a member of the class in whose favour the exemption subsists or in respect of his, her or its agents or employees in the discharge of their duties on his, her or its behalf.\n(sec.52-ssec.6) An exemption under subsection&#160;(1) must not be granted for a provision of part&#160;5A .\n- (a) any person, association of persons or class of person specified in the instrument;\n- (b) any part or parts of Queensland specified in the instrument;\n- (c) any class of transaction specified in the instrument;\n- (d) any premises or class of premises specified in the instrument;","sortOrder":82},{"sectionNumber":"sec.53","sectionType":"section","heading":"Evidentiary provision","content":"### sec.53 Evidentiary provision\n\nIn any proceedings a certificate purporting to be signed by or on behalf of the Minister that certifies that—\na period of emergency was in existence either throughout the whole State or in any part or parts of the State specified therein on a day or during a period specified therein in relation to a liquid fuel of a kind specified therein;\na delegation by the Minister to a person named therein or in relation to the exercise or discharge of any power, function or duty specified therein was in force on a day or during a period specified therein;\na delegation by the Minister to a person specified therein was either subject to no limitations or subject to the limitations specified therein and to no others;\na person specified therein was an authorised person on a day or during a period specified therein;\na person specified therein was not the holder of a permit under this Act on a date specified therein;\nshall be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained therein.\n- (a) a period of emergency was in existence either throughout the whole State or in any part or parts of the State specified therein on a day or during a period specified therein in relation to a liquid fuel of a kind specified therein;\n- (b) a delegation by the Minister to a person named therein or in relation to the exercise or discharge of any power, function or duty specified therein was in force on a day or during a period specified therein;\n- (c) a delegation by the Minister to a person specified therein was either subject to no limitations or subject to the limitations specified therein and to no others;\n- (d) a person specified therein was an authorised person on a day or during a period specified therein;\n- (e) a person specified therein was not the holder of a permit under this Act on a date specified therein;","sortOrder":83},{"sectionNumber":"sec.54","sectionType":"section","heading":"Averment provision","content":"### sec.54 Averment provision\n\nIn a complaint in respect of an offence against this Act an averment that a substance to which the complaint relates is liquid fuel of a particular kind shall be accepted as proof of the fact averred in the absence of proof to the contrary.\ns&#160;54 amd 1988 No.&#160;13 s&#160;7","sortOrder":84},{"sectionNumber":"sec.55","sectionType":"section","heading":null,"content":"### Section sec.55\n\ns&#160;55 om 7 April 1988 RA s&#160;39","sortOrder":85},{"sectionNumber":"sec.56","sectionType":"section","heading":"Injunctions against Minister excluded","content":"### sec.56 Injunctions against Minister excluded\n\nExcept where this Act expressly provides for the review of a decision of the Minister no action shall lie to compel the Minister or the Minister’s delegate to take or to restrain the Minister from taking any action under or for the purposes of this Act.\ns&#160;56 amd 2009 No.&#160;24 s&#160;618","sortOrder":86},{"sectionNumber":"sec.56A","sectionType":"section","heading":"Approved forms","content":"### sec.56A Approved forms\n\nThe chief executive may approve forms for use under this Act.\ns&#160;56A ins 2015 No.&#160;31 s&#160;8","sortOrder":87},{"sectionNumber":"sec.57","sectionType":"section","heading":"Regulations","content":"### sec.57 Regulations\n\nThe Governor in Council may make regulations with respect to—\nforms to be used for the purposes of this Act and the purposes for which the respective forms are to be used;\nfees payable under this Act and the purposes for which the respective fees are to be payable;\nall matters required or permitted by this Act to be prescribed and in respect of which no other means of prescription are provided for;\nall matters that in the Governor in Council’s opinion are necessary or convenient for the administration of this Act or to achieve the objects and purposes of this Act.\nA regulation may prescribe a penalty not exceeding $500 for any contravention or failure to comply with a provision of the regulations.\n(sec.57-ssec.1) The Governor in Council may make regulations with respect to— forms to be used for the purposes of this Act and the purposes for which the respective forms are to be used; fees payable under this Act and the purposes for which the respective fees are to be payable; all matters required or permitted by this Act to be prescribed and in respect of which no other means of prescription are provided for; all matters that in the Governor in Council’s opinion are necessary or convenient for the administration of this Act or to achieve the objects and purposes of this Act.\n(sec.57-ssec.2) A regulation may prescribe a penalty not exceeding $500 for any contravention or failure to comply with a provision of the regulations.\n- (a) forms to be used for the purposes of this Act and the purposes for which the respective forms are to be used;\n- (b) fees payable under this Act and the purposes for which the respective fees are to be payable;\n- (c) all matters required or permitted by this Act to be prescribed and in respect of which no other means of prescription are provided for;\n- (d) all matters that in the Governor in Council’s opinion are necessary or convenient for the administration of this Act or to achieve the objects and purposes of this Act.","sortOrder":88},{"sectionNumber":"pt.8","sectionType":"part","heading":"Transitional provisions for Liquid Fuel Supply (Ethanol and Other Biofuels Mandate) Amendment Act 2015","content":"# Transitional provisions for Liquid Fuel Supply (Ethanol and Other Biofuels Mandate) Amendment Act 2015","sortOrder":89},{"sectionNumber":"sec.58","sectionType":"section","heading":"Application of particular provisions to sale of petrol or petrol-biobased petrol blend by fuel wholesalers","content":"### sec.58 Application of particular provisions to sale of petrol or petrol-biobased petrol blend by fuel wholesalers\n\nThis section applies until the start of—\nthe day on which a percentage is prescribed for section&#160;35B(3), definition wholesale percentage ; or\nif the day mentioned in paragraph&#160;(a) is not the first day of a calendar quarter—the first day of the next calendar quarter.\nSections&#160;35B, 35E and 35F do not apply to the sale of petrol or petrol-biobased petrol blend by a fuel wholesaler.\ns&#160;58 ins 2015 No.&#160;31 s&#160;9\n(sec.58-ssec.1) This section applies until the start of— the day on which a percentage is prescribed for section&#160;35B(3), definition wholesale percentage ; or if the day mentioned in paragraph&#160;(a) is not the first day of a calendar quarter—the first day of the next calendar quarter.\n(sec.58-ssec.2) Sections&#160;35B, 35E and 35F do not apply to the sale of petrol or petrol-biobased petrol blend by a fuel wholesaler.\n- (a) the day on which a percentage is prescribed for section&#160;35B(3), definition wholesale percentage ; or\n- (b) if the day mentioned in paragraph&#160;(a) is not the first day of a calendar quarter—the first day of the next calendar quarter.","sortOrder":90},{"sectionNumber":"sec.59","sectionType":"section","heading":"Giving registration information","content":"### sec.59 Giving registration information\n\nThis section applies to a person who is a fuel seller on the day (the commencement day ) this section commences.\nThe fuel seller must give the fuel seller’s registration information, in the approved form, to the chief executive within 1 month after the commencement day, unless the fuel seller has a reasonable excuse.\nMaximum penalty—100 penalty units.\ns&#160;59 ins 2015 No.&#160;31 s&#160;9\n(sec.59-ssec.1) This section applies to a person who is a fuel seller on the day (the commencement day ) this section commences.\n(sec.59-ssec.2) The fuel seller must give the fuel seller’s registration information, in the approved form, to the chief executive within 1 month after the commencement day, unless the fuel seller has a reasonable excuse. Maximum penalty—100 penalty units.","sortOrder":91},{"sectionNumber":"sec.60","sectionType":"section","heading":"Giving initial report","content":"### sec.60 Giving initial report\n\nA fuel seller must give a report, in the approved form, to the chief executive within 1 month after the day (the commencement day) this section commences, unless the fuel seller has a reasonable excuse.\nMaximum penalty—100 penalty units.\nThe report must state the volume of petrol, petrol-biobased petrol blend, diesel, and diesel-biobased diesel blend, that the fuel seller supplied from each of the fuel seller’s fuel facilities in the calendar quarter just before the commencement day.\ns&#160;60 ins 2015 No.&#160;31 s&#160;9\n(sec.60-ssec.1) A fuel seller must give a report, in the approved form, to the chief executive within 1 month after the day (the commencement day) this section commences, unless the fuel seller has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.60-ssec.2) The report must state the volume of petrol, petrol-biobased petrol blend, diesel, and diesel-biobased diesel blend, that the fuel seller supplied from each of the fuel seller’s fuel facilities in the calendar quarter just before the commencement day.","sortOrder":92},{"sectionNumber":"sec.61","sectionType":"section","heading":"Reporting fuel sold","content":"### sec.61 Reporting fuel sold\n\nThis section applies if section&#160;35P commences on a day (the commencement day ) that is not 1 July.\nSection&#160;35P applies to a fuel seller as if—\nthe period that starts on the commencement day and ends on the next 30 June were a financial year; and\nif the commencement day is not the first day of a calendar quarter—the period that starts on the commencement day and ends at the end of the quarter were a calendar quarter.\ns&#160;61 ins 2015 No.&#160;31 s&#160;9\n(sec.61-ssec.1) This section applies if section&#160;35P commences on a day (the commencement day ) that is not 1 July.\n(sec.61-ssec.2) Section&#160;35P applies to a fuel seller as if— the period that starts on the commencement day and ends on the next 30 June were a financial year; and if the commencement day is not the first day of a calendar quarter—the period that starts on the commencement day and ends at the end of the quarter were a calendar quarter. s&#160;61 ins 2015 No.&#160;31 s&#160;9\n- (a) the period that starts on the commencement day and ends on the next 30 June were a financial year; and\n- (b) if the commencement day is not the first day of a calendar quarter—the period that starts on the commencement day and ends at the end of the quarter were a calendar quarter.","sortOrder":93}],"analysis":{"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.24-ssec.3(c) and proviso","severity":"medium","reasoning":"Section 24(3)(c) states a direction 'may have force for the period specified therein or upon the occasions specified therein or without limit of time', yet the proviso immediately qualifies this by saying no direction shall have force beyond the period of emergency. The phrase 'without limit of time' is therefore rendered entirely meaningless by the proviso in the same subsection, creating an internal contradiction.","confidence":0.88,"description":"A direction may have force 'without limit of time' but the proviso immediately states that 'no direction shall have force beyond the period of emergency'. These two provisions directly contradict each other within the same subsection, creating a self-contradicting rule about the temporal scope of directions."},{"type":"impossible_compliance","section":"sec.11-ssec.5","severity":"medium","reasoning":"The test is backward-looking to the time the instrument was made, not present circumstances or current guidelines. A person could be stuck with an essential user identification permanently if they still theoretically could have been identified at the original time, even if they have fundamentally changed their operations. This creates an effectively irrevocable status in many practical scenarios.","confidence":0.75,"description":"The Minister cannot revoke an identification of a person as an essential/high priority user unless satisfied they have 'ceased to carry on activities by reason of which the person... could have been identified as such a user at the time the instrument was made.' This creates an impossible compliance scenario: if a person's circumstances change such that they no longer meet the current guidelines but still technically could have met the original criteria, the Minister is prohibited from revoking the identification even though the person no longer warrants the status."},{"type":"self_contradicting","section":"sec.12-ssec.5","severity":"medium","reasoning":"Section 12(1) explicitly states identification may occur 'at any time (whether or not during a period of liquid fuel emergency)', yet s.12(5) frames the revocation condition by reference to 'a relevant person in relation to a particular period of emergency'. This creates a mismatch: identifications made outside any emergency period cannot logically be tied to a particular period of emergency for revocation purposes, making the revocation test potentially incoherent.","confidence":0.78,"description":"The revocation test for bulk customer identification refers to 'a particular period of emergency' when no such period of emergency need exist at the time of identification or revocation (identification can occur at any time per s.12(1)). The revocation condition is thus partially inapplicable on its face since bulk customer identification is not tied to any specific period of emergency."},{"type":"other","section":"sec.3","severity":"low","reasoning":"While Crown immunity from prosecution is a common legislative feature, in the context of an emergency supply Act where the Crown itself may be a relevant person engaged in fuel supply activities, exempting it from prosecution renders its obligations under sections such as s.17, s.19, s.20, and s.21 unenforceable. This is a structural absurdity where binding obligations exist but carry no legal consequence.","confidence":0.65,"description":"The Crown is bound by the Act but cannot be prosecuted for any offence under it. Since the Act imposes obligations on persons (including relevant persons) engaged in fuel supply, and government entities may carry on such activities, the Crown is effectively immune from the enforcement mechanisms that underpin the Act, creating a toothless obligation."},{"type":"impossible_compliance","section":"sec.14-ssec.4","severity":"medium","reasoning":"Section 14(4) states the Minister 'shall... approve the procedures as so amended' upon receipt of amended procedures furnished as required by s.14(3)(b). There is no discretion to reject or require further amendment, unlike the first round under s.14(3)(a). This means a relevant person who grudgingly amends procedures in a technically compliant but practically useless way receives mandatory approval, undermining the entire compliance framework.","confidence":0.8,"description":"The Minister is mandatorily required to approve procedures furnished in response to a direction under s.14(3)(b) without any discretion to reject them, even if the amended procedures are still inadequate. Once the relevant person amends in the manner specified and furnishes particulars, the Minister 'shall... approve'. This removes any quality control over the second-round submission."},{"type":"impossible_compliance","section":"sec.27-ssec.3","severity":"medium","reasoning":"Section 27(2) states permits are not transferable, and s.27(2A) prohibits purporting to transfer entitlements. Yet s.27(3) requires the person 'in charge of the vehicle' to carry the permit—who may be an agent acting on behalf of the permit holder. If the agent must carry it, the permit holder must have given it to them, but giving it to them is arguably a transfer or at minimum practically indistinguishable from one. This creates a practical impossibility for agency situations.","confidence":0.72,"description":"A person in charge of a vehicle to which fuel has been supplied pursuant to a permit must 'carry the permit with him or her in the vehicle'. However, a permit issued to one person may be used by 'a person acting on the person's behalf' (per s.29). The obligation to carry the permit applies to the person in charge of the vehicle, who may be the agent, yet the permit is issued to and non-transferable by the original holder. An agent in charge of the vehicle must carry a permit they do not legally possess."},{"type":"other","section":"sec.10-ssec.2(a)","severity":"low","reasoning":"While not strictly a legal impossibility, the structure means persons whose businesses become prescribed at commencement must scramble to comply within 14 days of a commencement date that may be announced with minimal notice by proclamation. This is a practical absurdity given the administrative burden imposed.","confidence":0.55,"description":"A person who carries on a business that 'at the commencement of this Act becomes a prescribed business' must give notice within 14 days 'after the business becomes a prescribed business'. Since the business becomes prescribed at commencement, the 14 days runs from commencement. However, the Act itself commences on a date appointed by proclamation (s.2(2)), which may not be publicly known far in advance, making compliance with the notification obligation practically difficult."},{"type":"other","section":"sec.18","severity":"high","reasoning":"The Act devotes an entire Part (Part 3) to the development of guidelines for identification of essential users, bulk customers, allocation procedures, supply regulation, and reserve maintenance. Section 18 then declares that directions need not comply with these guidelines to be valid. This effectively makes Part 3 an optional administrative exercise with no binding force on the Minister's actual decision-making, reducing it to mere guidance that can be ignored without legal consequence.","confidence":0.85,"description":"Section 18 provides that directions under s.17 (and other parts) are validly given and of force whether or not they accord with relevant guidelines. Combined with the elaborate framework in ss.11-16 for developing guidelines, this renders the entire contingency planning framework in Part 3 largely decorative—directions are valid regardless of whether they follow guidelines."}],"contradictions":[{"severity":"medium","section_a":"sec.24-ssec.3(c)","section_b":"sec.24-ssec.3 (proviso to (c))","confidence":0.88,"description":"Section 24(3)(c) permits a direction to have force 'without limit of time', while the proviso in the same subsection states 'no direction shall have force beyond the period of emergency'. These provisions are directly contradictory within the same subsection."},{"severity":"medium","section_a":"sec.11-ssec.4","section_b":"sec.18","confidence":0.65,"description":"Section 11(4) prohibits the Minister from identifying essential/high priority users unless in accordance with guidelines in force. Section 18 provides that directions under Part 3 (which includes directions consequent on identifications) are valid whether or not they accord with guidelines. While s.11(4) constrains identification and s.18 speaks to directions, the combined effect is that the constraint in s.11(4) can be practically bypassed by issuing a direction under s.17 or s.24 without the identification step."},{"severity":"low","section_a":"sec.17-ssec.1 and sec.17-ssec.2","section_b":"sec.18","confidence":0.58,"description":"Section 17 imposes an obligation on relevant persons to comply with directions to maintain reserves, with a penalty for non-compliance. Section 18 confirms directions are valid whether or not they accord with guidelines. However, s.17(2) only creates an offence for failing to comply with directions under s.17(1), not under s.18 directly. The interplay means directions valid under s.18 (regardless of guidelines) still attract penalties under s.17(2), potentially making persons liable for non-compliance with directions that may have been issued contrary to the spirit of the planning framework."},{"severity":"medium","section_a":"sec.29-ssec.1 and sec.29-ssec.1A","section_b":"sec.24-ssec.2(a)","confidence":0.7,"description":"Section 29(1) prohibits supply of liquid fuel during an emergency except under Ministerial direction or permit. Section 29(1A) exempts supply to a person trading in that fuel as part of their trading business. However, s.24(2)(a) empowers the Minister to prohibit supply of liquid fuel entirely. If the Minister issues a total prohibition under s.24(2)(a), this would conflict with the trader exemption in s.29(1A), creating uncertainty about whether the s.29(1A) exemption survives a total prohibition direction."},{"severity":"medium","section_a":"sec.31-ssec.2","section_b":"sec.24-ssec.2(a)","confidence":0.75,"description":"Section 31(2) prohibits the Minister from issuing a direction under s.31(1) if it would relate only to supply of refined petroleum products to bulk customers. However, s.24(2)(a) grants the Minister broad power to 'control, restrict or prohibit' supply of all liquid fuel without any such limitation. This creates an inconsistency where the Minister cannot use s.31 to restrict supply exclusively to bulk customers but can apparently achieve the same result through the broader power in s.24(2)(a), rendering the s.31(2) restriction trivially circumventable."},{"severity":"low","section_a":"sec.23-ssec.1","section_b":"sec.23-ssec.1","confidence":0.6,"description":"Section 23(1) states the Governor in Council forms the opinion triggering the proclamation power, but then provides that 'the Governor may, by proclamation, declare' the emergency. This creates an internal inconsistency: the decision-maker for the opinion (Governor in Council, i.e., the full Executive Council) differs from the actor who makes the proclamation (the Governor alone). While this may reflect a constitutional convention, it creates a textual mismatch between the body forming the required opinion and the body making the proclamation."}]},"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"},"summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The Act remains consistent with its original 1984 intent: a Queensland liquid fuel contingency and emergency management framework. Amendments (notably 1988 and 2015) refined specific provisions such as supply/purchase offences and definition housekeeping but did not expand the Act into new regulatory domains. The core structure — peacetime planning, shortage response, and emergency command-and-control — is unchanged from the original design."},"complexity_factors":["Multi-layered regulatory framework with distinct pre-emergency, shortage-anticipation, and declared-emergency phases — each with different powers and obligations","Overlapping classification system requiring multiple Minister instruments: 'essential users', 'high priority users', and 'bulk customers' must each be separately identified under gazette guidelines before individual instruments are issued","Directions can be validly issued even without guidelines in place (s18), creating uncertainty about when obligations arise","Bulk allocation procedures require a multi-step approval process: guidelines → company-developed plans → Ministerial approval or directed amendment","Emergency powers (s24) are extraordinarily broad and interact with other legislation including industrial relations and trading hours laws, creating potential for complex conflicts","Permit system during emergencies involves conditions, coupon systems, non-transferability, and obligations on both permit-holders and third parties acting on their behalf","Penalty structure varies significantly across offences (fine-only vs imprisonment options), requiring careful parsing of which provision applies","Definitions are housed in a schedule not reproduced here, making the full scope of key terms like 'relevant person', 'prescribed business', and 'refined liquid petroleum product' unclear without cross-referencing","Repeated self-referential provisions (guidelines that can be varied or revoked by further application of the same subsection) create convoluted reading","Emergency declaration renewable in 30-day increments without apparent hard cap, raising questions about duration limits"],"plain_english_summary":"This Queensland law gives the government sweeping emergency powers to control petrol, diesel and other liquid fuels — from requiring industry data and stockpiles to taking over production, distribution and sales and issuing rationing permits and price controls.  \n\nIt primarily affects fuel businesses and major fuel users, and in a declared emergency can limit ordinary citizens’ ability to buy fuel, set prices and requisition facilities."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act was expanded by 2015 amendments to add a sustainable‑biofuel framework (part 5A: secs 35A–35S) imposing sales quotas, registration, quarterly returns, record keeping and public reporting on fuel sellers and creating exemption and suspension mechanisms (secs 35G–35J). Transitional provisions (secs 58–61) and an explicit prohibition on exempting part 5A (sec 52(6)) show a material scope change from a pure emergency/contingency statute to one that also regulates routine market conduct and environmental supply obligations."},"complexity_factors":["Broad ministerial discretion to set guidelines, identify users/customers and issue directions in peacetime and emergencies (secs 11–14, 15–17, 24, 30–31)","Emergency proclamation regime with time limits and statewide or regional scope (sec 23) increases conditionality and triggers extensive powers (sec 24)","Wide operational powers during emergency including requisition, control of services, price fixing and mandatory supply instructions (secs 24, 19–21, 32)","Detailed compliance, reporting and record‑keeping obligations for fuel sellers (pt 5A: secs 35A, 35E, 35F, 35L–35O, 35P)","Sustainable biofuel mandates with tiered percentage rules, heavy penalties and defences based on 'reasonable steps' (secs 35B–35D)","Enforcement toolkit: authorised officers, entry, search, seizure, information notices and police inquiry powers (secs 36–41), plus criminal penalties for false/misleading statements (secs 26, 40, 47)","Administrative remedies and review limited: ministerial instruments, delegated powers, exemptions and limited QCAT review rights (secs 7, 35, 35AA, 52)","Compensation, acquisition and indemnity regimes complicate risk allocation between Crown and industry (secs 49–51, 35S, 50)","Subordinate‑legislation and publication channels (gazette, regulations, approved forms) create operational dependence on future rules (secs 14(2A), 32, 57, 56A)","Transitional provisions and explicit prohibition on exempting biofuel mandates create temporal complexity (secs 58–61, 52(6))"],"plain_english_summary":"This Act gives the Minister powers to prepare for and manage liquid‑fuel shortages: require industry information, mandate and locate reserves, direct production, transfers, allocations and sales, proclaim emergencies and issue permits, price caps and supply controls. It creates enforcement tools and penalties.  \n\nA 2015 addition requires fuel sellers to meet sustainable‑biofuel sales quotas, keep records, register and report sales, and allows exemptions or suspensions in limited circumstances. The law mainly affects fuel producers, wholesalers, retailers, bulk customers and their compliance costs."},"kimi_summary":{"_metrics":{"completionTokens":734},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 1984 purpose of emergency fuel rationing. Part 5A (added 2015) introduced a permanent sustainable biofuel mandate requiring fuel sellers to blend ethanol and biodiesel into standard fuels, with registration, reporting and compliance systems. This transformed the Act from a dormant emergency powers statute into an active regulatory framework for everyday fuel composition, adding approximately 20 new sections and extensive ongoing administrative obligations."},"complexity_factors":["Multiple overlapping emergency powers with extensive cross-referencing between Parts 3, 4 and 5","Nested conditional logic: emergency declarations trigger different rules than 'anticipated shortage' powers","Defined terms located in Schedule 1 (not provided in extract) including 'liquid fuel', 'relevant person', 'prescribed business', 'bulk customer'","Complex biofuel mandate calculations with tiered percentages (wholesale vs retail, phased implementation, regulation-dependent thresholds)","Extensive administrative procedures: registration, quarterly returns, exemption applications, audit powers, gazettal requirements","Interaction with other legislation: Industrial Relations Act 2016, QCAT Act, Justices Act 1886","Multiple penalty tiers based on entity type (body corporate vs individual) and offence severity","Transitional provisions with conditional commencement dates affecting application of biofuel mandates"],"plain_english_summary":"This Queensland law gives the government extraordinary powers to control fuel supplies during emergencies, while also mandating minimum biofuel content in regular fuel sales.\n\n**What it does in normal times:**\n- Requires fuel sellers (service stations and wholesalers) to blend **sustainable biofuels** into petrol and diesel. Petrol must contain at least 3-4% biofuel (rising over time), and diesel must contain at least 0.5% biofuel\n- Makes fuel sellers register with the government and report their sales quarterly\n- Lets the Minister demand information from fuel companies about their stocks, production and distribution\n- Requires certain fuel businesses to notify the government of their locations and storage capacities\n- Allows the Minister to classify certain customers as \"essential\" or \"high priority\" users, and \"bulk customers\" who buy large quantities\n\n**What it does during a \"liquid fuel emergency\":**\n- The Governor can declare a state of emergency (up to 30 days, extendable) when fuel shortages occur or are anticipated\n- During an emergency, the Minister takes **direct control** over all fuel extraction, production, supply, distribution and sale\n- The Minister can:\n  - Direct fuel companies to release stocks for sale to specific buyers\n  - Order refineries to increase production\n  - Direct fuel to be moved between locations\n  - Fix maximum prices for fuel\n  - Issue permits for fuel purchases (with conditions)\n  - Requisition land, buildings and equipment\n  - Override industrial awards and trading hours laws\n- Police and authorised inspectors get broad powers to stop vehicles, inspect premises, seize fuel and documents, and demand information\n- It's illegal to buy or sell fuel without Ministerial authorisation during an emergency\n\n**Enforcement and protections:**\n- Heavy penalties for non-compliance (up to $10,000 for companies, imprisonment for individuals)\n- Authorised inspectors can enter premises, break open containers, and seize evidence\n- People can claim compensation if they suffer losses from complying with emergency directions\n- Trade secrets can be protected from disclosure\n- Decisions can be reviewed by QCAT (Queensland Civil and Administrative Tribunal)"}},"importantCases":[],"_links":{"self":"/api/acts/liquid-fuel-supply-act-1984","history":"/api/acts/liquid-fuel-supply-act-1984/history","analysis":"/api/acts/liquid-fuel-supply-act-1984/analysis","conflicts":"/api/acts/liquid-fuel-supply-act-1984/conflicts","importantCases":"/api/acts/liquid-fuel-supply-act-1984/important-cases","documents":"/api/acts/liquid-fuel-supply-act-1984/documents"}}