{"id":"C2013A00001","name":"Low Aromatic Fuel Act 2013","slug":"low-aromatic-fuel-act-2013","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"1 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":8492,"registerId":"commonwealth-C2013A00001-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n This Act may be cited as the Low Aromatic Fuel Act 2013.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n This Act commences on the day this Act receives the Royal Assent.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Guide to this Act","content":"#### 3 Guide to this Act\n\nThis Act is about promoting the supply of low aromatic fuel and controlling the supply of other fuels in certain areas in order to reduce potential harm to the health of people, including Aboriginal persons and Torres Strait Islanders, living in those areas from sniffing fuel (see the object of this Act in section 4).\n\nPart 2—Requirements relating to fuels for low aromatic fuel areas and fuel control areas\n\nDivision 1 of Part 2 deals with requirements relating to regular unleaded petrol for low aromatic fuel areas, prohibiting the supply of regular unleaded petrol in a low aromatic fuel area.\n\nDivision 2 of Part 2 deals with requirements relating to low aromatic fuel for low aromatic fuel areas and fuel control areas. These requirements are determined by the Minister by legislative instrument.\n\nDivision 3 of Part 2 deals with requirements for fuels generally for low aromatic fuel areas and fuel control areas. These requirements are determined by the Minister by legislative instrument.\n\nBefore making a determination for the purposes of Division 2 or 3 of Part 2, the Minister must be satisfied that making the determination will further the object of this Act.\n\nPart 3—Designating low aromatic fuel areas and fuel control areas\n\nLow aromatic fuel areas and fuel control areas are designated by the Minister under Part 3.\n\nThe Minister may only designate an area as a low aromatic fuel area, following appropriate consultation, if satisfied that doing so is reasonably likely to help reduce potential harm from sniffing fuel in that area, and if certain other conditions are satisfied.\n\nThe Minister may only designate an area as a fuel control area, following appropriate consultation, if satisfied that doing so is reasonably likely to help reduce potential harm from sniffing fuel in that area or in a low aromatic fuel area, and if certain other conditions are satisfied.\n\nPart 4—Exemptions from requirements of this Act\n\nUnder Part 4, the Minister may exempt specified conduct from one or more of the requirements that would otherwise apply under Part 2 in relation to a low aromatic fuel area or a fuel control area.\n\nPart 5—Miscellaneous matters\n\nPart 5 deals with miscellaneous matters, including reviewing the operation of this Act and the power to make regulations.\n\nOther introductory matters\n\nPart 1 contains the Dictionary. The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.\n\nIn addition, Part 1 deals with the application of this Act to the Crown and the relationship between this Act and State and Territory laws.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Object of this Act","content":"#### 4 Object of this Act\n\n The object of this Act is to enable special measures to be taken to reduce the potential harm to the health of people, including Aboriginal persons and Torres Strait Islanders, living in certain areas from sniffing fuel.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Dictionary","content":"#### 5 Dictionary\n\n In this Act:\n\n> Aboriginal person means a person of the Aboriginal race of Australia.\n\n> conduct means an act, an omission to perform an act or a state of affairs.\n\n> corporation means a corporation to which paragraph 51(xx) of the Constitution applies.\n\n> emergency law means:\n\n (a) the Liquid Fuel Emergency Act 1984; or\n (b) a law prescribed by the regulations for the purposes of this definition.\n\n> engage in conduct means:\n\n (a) do an act; or\n (b) omit to perform an act.\n\n> fuel means:\n\n (a) petrol, or any substance that is used as a substitute for petrol; or\n (b) a substance of a kind prescribed by the regulations for the purposes of this definition.\n\n> fuel control area means an area designated by the Minister under section 15.\n\n> low aromatic fuel means:\n\n (a) unleaded petrol that has a research octane number of less than 95, and that has aromatic compounds of less than 5% to help discourage fuel sniffing; or\n (b) unleaded petrol of a kind prescribed by the regulations for the purposes of this definition.\n\n> low aromatic fuel area means an area designated by the Minister under section 14.\n\n> petrol means a petroleum based fuel (whether or not containing ethanol) for spark‑ignition internal combustion engines.\n\n> regular unleaded petrol means unleaded petrol that has a research octane number of less than 95, but does not include low aromatic fuel.\n\n> supply includes give, distribute, barter and exchange, whether or not for consideration, and whether or not the supply is a wholesale or retail supply.\n\n> Torres Strait Islander means a descendant of an Indigenous inhabitant of the Torres Strait Islands.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Act binds Crown","content":"#### 6 Act binds Crown\n\n (1) This Act binds the Crown in each of its capacities.\n (2) This Act does not make the Crown liable to be prosecuted for an offence.\n (3) The protection in subsection (2) does not apply to an authority of the Crown.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Relationship to State and Territory laws","content":"#### 7 Relationship to State and Territory laws\n\n This Act is not intended to exclude the operation of any law of a State or Territory, to the extent that that law is capable of operating concurrently with this Act.","sortOrder":7},{"sectionNumber":"Part 2","sectionType":"part","heading":"Requirements relating to fuels for low aromatic fuel areas and fuel control areas","content":"An Act to promote the supply of low aromatic fuel and control the supply of other fuels in certain areas, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Low Aromatic Fuel Act 2013.\n\n#### 2 Commencement\n\n This Act commences on the day this Act receives the Royal Assent.\n\n#### 3 Guide to this Act\n\nThis Act is about promoting the supply of low aromatic fuel and controlling the supply of other fuels in certain areas in order to reduce potential harm to the health of people, including Aboriginal persons and Torres Strait Islanders, living in those areas from sniffing fuel (see the object of this Act in section 4).\n\nPart 2—Requirements relating to fuels for low aromatic fuel areas and fuel control areas\n\nDivision 1 of Part 2 deals with requirements relating to regular unleaded petrol for low aromatic fuel areas, prohibiting the supply of regular unleaded petrol in a low aromatic fuel area.\n\nDivision 2 of Part 2 deals with requirements relating to low aromatic fuel for low aromatic fuel areas and fuel control areas. These requirements are determined by the Minister by legislative instrument.\n\nDivision 3 of Part 2 deals with requirements for fuels generally for low aromatic fuel areas and fuel control areas. These requirements are determined by the Minister by legislative instrument.\n\nBefore making a determination for the purposes of Division 2 or 3 of Part 2, the Minister must be satisfied that making the determination will further the object of this Act.\n\nPart 3—Designating low aromatic fuel areas and fuel control areas\n\nLow aromatic fuel areas and fuel control areas are designated by the Minister under Part 3.\n\nThe Minister may only designate an area as a low aromatic fuel area, following appropriate consultation, if satisfied that doing so is reasonably likely to help reduce potential harm from sniffing fuel in that area, and if certain other conditions are satisfied.\n\nThe Minister may only designate an area as a fuel control area, following appropriate consultation, if satisfied that doing so is reasonably likely to help reduce potential harm from sniffing fuel in that area or in a low aromatic fuel area, and if certain other conditions are satisfied.\n\nPart 4—Exemptions from requirements of this Act\n\nUnder Part 4, the Minister may exempt specified conduct from one or more of the requirements that would otherwise apply under Part 2 in relation to a low aromatic fuel area or a fuel control area.\n\nPart 5—Miscellaneous matters\n\nPart 5 deals with miscellaneous matters, including reviewing the operation of this Act and the power to make regulations.\n\nOther introductory matters\n\nPart 1 contains the Dictionary. The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.\n\nIn addition, Part 1 deals with the application of this Act to the Crown and the relationship between this Act and State and Territory laws.\n\n#### 4 Object of this Act\n\n The object of this Act is to enable special measures to be taken to reduce the potential harm to the health of people, including Aboriginal persons and Torres Strait Islanders, living in certain areas from sniffing fuel.\n\n#### 5 Dictionary\n\n In this Act:\n\n> Aboriginal person means a person of the Aboriginal race of Australia.\n\n> conduct means an act, an omission to perform an act or a state of affairs.\n\n> corporation means a corporation to which paragraph 51(xx) of the Constitution applies.\n\n> emergency law means:\n\n (a) the Liquid Fuel Emergency Act 1984; or\n (b) a law prescribed by the regulations for the purposes of this definition.\n\n> engage in conduct means:\n\n (a) do an act; or\n (b) omit to perform an act.\n\n> fuel means:\n\n (a) petrol, or any substance that is used as a substitute for petrol; or\n (b) a substance of a kind prescribed by the regulations for the purposes of this definition.\n\n> fuel control area means an area designated by the Minister under section 15.\n\n> low aromatic fuel means:\n\n (a) unleaded petrol that has a research octane number of less than 95, and that has aromatic compounds of less than 5% to help discourage fuel sniffing; or\n (b) unleaded petrol of a kind prescribed by the regulations for the purposes of this definition.\n\n> low aromatic fuel area means an area designated by the Minister under section 14.\n\n> petrol means a petroleum based fuel (whether or not containing ethanol) for spark‑ignition internal combustion engines.\n\n> regular unleaded petrol means unleaded petrol that has a research octane number of less than 95, but does not include low aromatic fuel.\n\n> supply includes give, distribute, barter and exchange, whether or not for consideration, and whether or not the supply is a wholesale or retail supply.\n\n> Torres Strait Islander means a descendant of an Indigenous inhabitant of the Torres Strait Islands.\n\n#### 6 Act binds Crown\n\n (1) This Act binds the Crown in each of its capacities.\n (2) This Act does not make the Crown liable to be prosecuted for an offence.\n (3) The protection in subsection (2) does not apply to an authority of the Crown.\n\n#### 7 Relationship to State and Territory laws\n\n This Act is not intended to exclude the operation of any law of a State or Territory, to the extent that that law is capable of operating concurrently with this Act.\n\n## Part 2—Requirements relating to fuels for low aromatic fuel areas and fuel control areas\n\n### Division 1—Requirements relating to regular unleaded petrol for low aromatic fuel areas\n\n#### 8 Prohibition on supplying etc. regular unleaded petrol in low aromatic fuel areas\n\n Offence—supplying regular unleaded petrol in low aromatic fuel area\n (1) A corporation must not supply regular unleaded petrol to a person if the person is in a low aromatic fuel area.\n\nPenalty: 300 penalty units.\n\n> Note: Low aromatic fuel areas are designated by the Minister under section 14.\n\n Offence—transporting regular unleaded petrol for supply in low aromatic fuel area\n (2) A corporation must not transport regular unleaded petrol:\n (a) intending to supply any of it to a person (the recipient); or\n (b) knowing that, or reckless as to whether, another person intends to supply any of it to a third person (the recipient);\n if the recipient is in a low aromatic fuel area.\n\nPenalty: 300 penalty units.\n\n Offence—possessing regular unleaded petrol for supply in low aromatic fuel area\n (3) A corporation must not possess regular unleaded petrol intending to supply any of it to a person if the person is in a low aromatic fuel area.\n\nPenalty: 300 penalty units.\n\n Exceptions\n (4) A corporation does not commit an offence against subsection (1), (2) or (3) by engaging in particular conduct if:\n (a) both:\n (i) the conduct is exempt under section 17; and\n (ii) the corporation complies with any conditions of the exemption in engaging in the conduct; or\n (b) the corporation engages in the conduct in order to comply with a direction or order under an emergency law.\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n### Division 2—Requirements relating to low aromatic fuel for low aromatic fuel areas and fuel control areas\n\n#### 9 Requirements relating to low aromatic fuel for low aromatic fuel areas and fuel control areas\n\n Minister may determine requirements\n (1) The Minister may, by legislative instrument, determine requirements relating to the following:\n (a) communicating information in connection with the supply of low aromatic fuel in, or in relation to, a low aromatic fuel area or fuel control area, including information promoting low aromatic fuel;\n (b) making and keeping records relating to the supply, transport, possession or storage of low aromatic fuel in, or in relation to, a low aromatic fuel area or a fuel control area;\n (c) giving the Minister specified information relating to the supply, transport, possession or storage of low aromatic fuel in, or in relation to, a low aromatic fuel area or a fuel control area.\n\n> Note 1: Low aromatic fuel areas and fuel control areas are designated by the Minister under sections 14 and 15.\n\n> Note 2: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n (2) Without limiting subsection (1), a determination under that subsection may determine requirements in relation to one or more specified areas or areas in a specified class.\n (3) Before making a determination under subsection (1), the Minister must be satisfied that making the determination will further the object of this Act.\n\n#### 10 Offence—contravening requirements relating to low aromatic fuel\n\n (1) A corporation must not contravene a requirement determined under section 9.\n\nPenalty: 100 penalty units.\n\n Exceptions\n (2) A corporation does not commit an offence against subsection (1) by engaging in particular conduct if both:\n (a) the conduct is exempt under section 17; and\n (b) the corporation complies with any conditions of the exemption in engaging in the conduct.\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n### Division 3—Requirements relating to fuels generally for low aromatic fuel areas and fuel control areas\n\n#### 11 Requirements relating to fuels generally for low aromatic fuel areas and fuel control areas\n\n Minister may determine requirements\n (1) The Minister may, by legislative instrument, determine requirements relating to the supply, transport, possession or storage of a fuel in, or in relation to, a low aromatic fuel area or a fuel control area.\n\n> Note: Low aromatic fuel areas and fuel control areas are designated by the Minister under sections 14 and 15.\n\n (2) Without limiting subsection (1), a determination under that subsection may do any or all of the following:\n (a) prohibit (either absolutely or subject to conditions), limit, restrict or otherwise affect the supply, transport, possession or storage, of a fuel in, or in relation to, a low aromatic fuel area or a fuel control area;\n (b) require a fuel in a low aromatic fuel area or a fuel control area to be stored or secured in accordance with the determination;\n (c) require a fuel in a low aromatic fuel area or a fuel control area to be supplied in a specified kind of container;\n (d) specify requirements in relation to communicating information, in accordance with the determination, in connection with a supply of a fuel in, or in relation to, a low aromatic fuel area or a fuel control area;\n (e) specify requirements in relation to the information or documentation that a person must provide before a fuel is supplied to the person in a low aromatic fuel area or a fuel control area;\n (f) require a person to make and keep records relating to the supply, transport, possession or storage of a fuel in, or in relation to, a low aromatic fuel area or a fuel control area in accordance with the determination;\n (g) require a person to give the Minister specified information relating to the supply, transport, possession or storage of a fuel in, or in relation to, a low aromatic fuel area or a fuel control area, including information relating to a suspected offence against this Act.\n (3) The paragraphs of subsection (2) do not limit each other.\n (4) Without limiting subsection (1), a determination under that subsection may determine requirements in relation to one or more specified areas or areas in a specified class.\n (5) Before making a determination under subsection (1), the Minister must be satisfied that making the determination will further the object of this Act.\n (6) In making a determination under subsection (1), the Minister must have regard to:\n (a) the wellbeing of people, including Aboriginal persons and Torres Strait Islanders, living in and near the area; and\n (b) any submissions of the kind referred to in paragraph 13(2)(b); and\n (c) any other matter that the Minister considers relevant.\n\n#### 12 Offence—contravening requirements relating to fuels generally\n\n (1) A corporation must not contravene a requirement determined under section 11.\n\nPenalty: 300 penalty units.\n\n Exceptions\n (2) A corporation does not commit an offence against subsection (1) by engaging in particular conduct if:\n (a) both:\n (i) the conduct is exempt under section 17; and\n (ii) the corporation complies with any conditions of the exemption in engaging in the conduct; or\n (b) the corporation engages in the conduct in order to comply with a direction or order under an emergency law.\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 13 Consultation before determining requirements relating to fuels generally\n\n (1) Before making a determination under section 11, the Minister must consult with such persons and bodies from among the following as the Minister considers appropriate:\n (a) community representatives and bodies;\n (aa) Aboriginal persons or Torres Strait Islanders (or representatives of Aboriginal persons or Torres Strait Islanders);\n (b) manufacturers and suppliers of fuel;\n (c) persons with an interest in or knowledge of human health;\n (d) any other person that the Minister considers appropriate.\n (2) Without limiting subsection (1), the Minister must ensure that:\n (a) information setting out the following has been made available in the area or areas to which the determination relates:\n (i) the proposed requirements;\n (ii) an explanation, in summary form, of the proposed requirements; and\n (b) people living in the area, and businesses and organisations operating in the area, have been given a reasonable opportunity to make submissions to the Minister about:\n (i) the proposed requirements; and\n (ii) the consequences of determining the proposed requirements; and\n (iii) their circumstances, concerns and views, so far as they relate to the proposed requirements.\n\n## Part 3—Designating low aromatic fuel areas and fuel control areas\n\n#### 14 Minister may designate low aromatic fuel areas\n\n (1) The Minister may, by legislative instrument, designate an area specified in the instrument as a low aromatic fuel area.\n (2) The Minister may only designate an area under subsection (1) if:\n (a) the Minister is satisfied that designating the area is reasonably likely to help reduce potential harm to the health of people, including Aboriginal persons and Torres Strait Islanders, living in the area from sniffing fuel; and\n (b) the Minister is satisfied that there are adequate facilities or arrangements for the supply of low aromatic fuel to and within the area being designated; and\n (c) the Minister considers that the appropriate States and Territories have not enacted legislation consistent with this Act to reduce the harm of petrol sniffing, and it is unlikely that they will enact such legislation within a reasonable period.\n (3) In designating an area under subsection (1), the Minister must have regard to:\n (a) the wellbeing of people, including Aboriginal persons and Torres Strait Islanders, living in the area; and\n (b) whether there is reason to believe that the health of people, including Aboriginal persons and Torres Strait Islanders, living in the area has been harmed by sniffing fuel; and\n (c) whether people, including Aboriginal persons and Torres Strait Islanders, living in the area have expressed their concerns about sniffing fuel; and\n (d) whether people, including Aboriginal persons and Torres Strait Islanders, living in the area have expressed the view that their wellbeing will be improved if the area is designated as a low aromatic fuel area; and\n (e) any submissions of the kind referred to in paragraph 16(2)(b); and\n (f) the availability of low aromatic fuel in relation to the area; and\n (g) any other matter that the Minister considers relevant.\n\n#### 15 Minister may designate fuel control areas\n\n (1) The Minister may, by legislative instrument, designate an area specified in the instrument as a fuel control area.\n (2) The Minister may only designate an area under subsection (1) if he or she is satisfied that:\n (a) designating the area is reasonably likely to help reduce potential harm to the health of people, including Aboriginal persons and Torres Strait Islanders, living in that area or in a low aromatic fuel area from sniffing fuel; and\n (b) the Minister is satisfied that there are adequate facilities or arrangements for the supply of low aromatic fuel to and within the area being designated; and\n (c) the Minister considers that the appropriate States and Territories have not enacted legislation consistent with this Act to reduce the harm of petrol sniffing, and it is unlikely that they will enact such legislation within a reasonable period.\n (3) In designating an area under subsection (1), the Minister must have regard to:\n (a) the wellbeing of people, including Aboriginal persons and Torres Strait Islanders, living in the area and any relevant low aromatic fuel area; and\n (b) whether there is reason to believe that the health of people, including Aboriginal persons and Torres Strait Islanders, living in the area or any relevant low aromatic fuel area has been harmed by sniffing fuel; and\n (c) whether people, including Aboriginal persons and Torres Strait Islanders, living in the area or any relevant low aromatic fuel area have expressed their concerns about sniffing fuel; and\n (d) whether people, including Aboriginal persons and Torres Strait Islanders, living in the area or any relevant low aromatic fuel area have expressed the view that their wellbeing will be improved if the area is designated as a fuel control area; and\n (e) any submissions of the kind referred to in paragraph 16(2)(b); and\n (f) the availability of fuel (including low aromatic fuel) in relation to the area; and\n (g) any other matter that the Minister considers relevant.\n\n#### 16 Consultation before designating low aromatic fuel areas and fuel control areas\n\n (1) Before designating an area under section 14 or 15, the Minister must consult with such persons and bodies from among the following as the Minister considers appropriate:\n (a) community representatives;\n (aa) Aboriginal persons or Torres Strait Islanders (or representatives of Aboriginal persons or Torres Strait Islanders);\n (b) manufacturers and suppliers of fuel;\n (c) persons with an interest in or knowledge of human health;\n (d) any other person that the Minister considers appropriate.\n (2) Without limiting subsection (1), the Minister must ensure that:\n (a) information setting out the following has been made available in the area:\n (i) the proposal to designate the area;\n (ii) an explanation, in summary form, of the consequences of designating the area; and\n (b) people living in the area, and businesses and organisations operating in the area, have been given a reasonable opportunity to make submissions to the Minister about:\n (i) the proposal to designate the area; and\n (ii) the consequences of designating the area; and\n (iii) their circumstances, concerns and views, so far as they relate to the proposal.\n\n## Part 4—Exemptions from requirements of this Act\n\n#### 17 Minister may exempt conduct in relation to low aromatic fuel areas and fuel control areas\n\n (1) The Minister may, by written instrument, exempt specified conduct in, or in relation to, a low aromatic fuel area or a fuel control area for the purposes of subsection 8(4), 10(2) or 12(2), but only if the Minister is satisfied that:\n (a) there are special circumstances justifying the exemption; and\n (b) either:\n (i) if the exemption is for the purposes of subsection 8(4), 10(2) or 12(2)—it is unlikely that the wellbeing of people, including Aboriginal persons and Torres Strait Islanders, will be adversely affected by the exemption; or\n (ii) if the exemption is for the purposes of subsection 8(4)—the exemption is necessary because of the unavailability, or likely unavailability, of low aromatic fuel.\n (2) Without limiting subsection (1), the Minister may exempt conduct:\n (a) by one or more specified corporations or corporations in a specified class; and\n (b) in, or in relation to, one or more specified areas or areas in a specified class.\n (3) An exemption under subsection (1) is subject to the conditions specified in the exemption.\n\n> Note 1: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.\n\n> Note 2: A corporation may commit an offence under Part 2 if the corporation does not comply with a condition of an exemption.\n\n (4) An exemption made under subsection (1) exempting conduct in relation to one or more specified corporations is not a legislative instrument.\n (5) An exemption made under subsection (1) exempting the following conduct is a legislative instrument:\n (a) conduct by corporations in a specified class;\n (b) conduct in, or in relation to, one or more specified areas or areas in a specified class.\n\n## Part 5—Miscellaneous\n\n#### 18 Reviewing the operation of this Act\n\n (1) The Minister must cause a review of the operation of this Act to be undertaken as soon as possible after:\n (a) the fifth anniversary of the commencement of this section; and\n (b) each fifth anniversary after the day mentioned in paragraph (a).\n (2) The persons who undertake the review must give the Minister a written report of the review within one year after the relevant anniversary mentioned in subsection (1).\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is given to the Minister.\n\n#### 18A Acquisition of property\n\n This Act, or any instrument made under this Act, does not apply to the extent that the operation of this Act or the instrument would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph).\n\n#### 19 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":8},{"sectionNumber":"Division 1","sectionType":"division","heading":"Requirements relating to regular unleaded petrol for low aromatic fuel areas","content":"An Act to promote the supply of low aromatic fuel and control the supply of other fuels in certain areas, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Low Aromatic Fuel Act 2013.\n\n#### 2 Commencement\n\n This Act commences on the day this Act receives the Royal Assent.\n\n#### 3 Guide to this Act\n\nThis Act is about promoting the supply of low aromatic fuel and controlling the supply of other fuels in certain areas in order to reduce potential harm to the health of people, including Aboriginal persons and Torres Strait Islanders, living in those areas from sniffing fuel (see the object of this Act in section 4).\n\nPart 2—Requirements relating to fuels for low aromatic fuel areas and fuel control areas\n\nDivision 1 of Part 2 deals with requirements relating to regular unleaded petrol for low aromatic fuel areas, prohibiting the supply of regular unleaded petrol in a low aromatic fuel area.\n\nDivision 2 of Part 2 deals with requirements relating to low aromatic fuel for low aromatic fuel areas and fuel control areas. These requirements are determined by the Minister by legislative instrument.\n\nDivision 3 of Part 2 deals with requirements for fuels generally for low aromatic fuel areas and fuel control areas. These requirements are determined by the Minister by legislative instrument.\n\nBefore making a determination for the purposes of Division 2 or 3 of Part 2, the Minister must be satisfied that making the determination will further the object of this Act.\n\nPart 3—Designating low aromatic fuel areas and fuel control areas\n\nLow aromatic fuel areas and fuel control areas are designated by the Minister under Part 3.\n\nThe Minister may only designate an area as a low aromatic fuel area, following appropriate consultation, if satisfied that doing so is reasonably likely to help reduce potential harm from sniffing fuel in that area, and if certain other conditions are satisfied.\n\nThe Minister may only designate an area as a fuel control area, following appropriate consultation, if satisfied that doing so is reasonably likely to help reduce potential harm from sniffing fuel in that area or in a low aromatic fuel area, and if certain other conditions are satisfied.\n\nPart 4—Exemptions from requirements of this Act\n\nUnder Part 4, the Minister may exempt specified conduct from one or more of the requirements that would otherwise apply under Part 2 in relation to a low aromatic fuel area or a fuel control area.\n\nPart 5—Miscellaneous matters\n\nPart 5 deals with miscellaneous matters, including reviewing the operation of this Act and the power to make regulations.\n\nOther introductory matters\n\nPart 1 contains the Dictionary. The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.\n\nIn addition, Part 1 deals with the application of this Act to the Crown and the relationship between this Act and State and Territory laws.\n\n#### 4 Object of this Act\n\n The object of this Act is to enable special measures to be taken to reduce the potential harm to the health of people, including Aboriginal persons and Torres Strait Islanders, living in certain areas from sniffing fuel.\n\n#### 5 Dictionary\n\n In this Act:\n\n> Aboriginal person means a person of the Aboriginal race of Australia.\n\n> conduct means an act, an omission to perform an act or a state of affairs.\n\n> corporation means a corporation to which paragraph 51(xx) of the Constitution applies.\n\n> emergency law means:\n\n (a) the Liquid Fuel Emergency Act 1984; or\n (b) a law prescribed by the regulations for the purposes of this definition.\n\n> engage in conduct means:\n\n (a) do an act; or\n (b) omit to perform an act.\n\n> fuel means:\n\n (a) petrol, or any substance that is used as a substitute for petrol; or\n (b) a substance of a kind prescribed by the regulations for the purposes of this definition.\n\n> fuel control area means an area designated by the Minister under section 15.\n\n> low aromatic fuel means:\n\n (a) unleaded petrol that has a research octane number of less than 95, and that has aromatic compounds of less than 5% to help discourage fuel sniffing; or\n (b) unleaded petrol of a kind prescribed by the regulations for the purposes of this definition.\n\n> low aromatic fuel area means an area designated by the Minister under section 14.\n\n> petrol means a petroleum based fuel (whether or not containing ethanol) for spark‑ignition internal combustion engines.\n\n> regular unleaded petrol means unleaded petrol that has a research octane number of less than 95, but does not include low aromatic fuel.\n\n> supply includes give, distribute, barter and exchange, whether or not for consideration, and whether or not the supply is a wholesale or retail supply.\n\n> Torres Strait Islander means a descendant of an Indigenous inhabitant of the Torres Strait Islands.\n\n#### 6 Act binds Crown\n\n (1) This Act binds the Crown in each of its capacities.\n (2) This Act does not make the Crown liable to be prosecuted for an offence.\n (3) The protection in subsection (2) does not apply to an authority of the Crown.\n\n#### 7 Relationship to State and Territory laws\n\n This Act is not intended to exclude the operation of any law of a State or Territory, to the extent that that law is capable of operating concurrently with this Act.\n\n## Part 2—Requirements relating to fuels for low aromatic fuel areas and fuel control areas\n\n### Division 1—Requirements relating to regular unleaded petrol for low aromatic fuel areas\n\n#### 8 Prohibition on supplying etc. regular unleaded petrol in low aromatic fuel areas\n\n Offence—supplying regular unleaded petrol in low aromatic fuel area\n (1) A corporation must not supply regular unleaded petrol to a person if the person is in a low aromatic fuel area.\n\nPenalty: 300 penalty units.\n\n> Note: Low aromatic fuel areas are designated by the Minister under section 14.\n\n Offence—transporting regular unleaded petrol for supply in low aromatic fuel area\n (2) A corporation must not transport regular unleaded petrol:\n (a) intending to supply any of it to a person (the recipient); or\n (b) knowing that, or reckless as to whether, another person intends to supply any of it to a third person (the recipient);\n if the recipient is in a low aromatic fuel area.\n\nPenalty: 300 penalty units.\n\n Offence—possessing regular unleaded petrol for supply in low aromatic fuel area\n (3) A corporation must not possess regular unleaded petrol intending to supply any of it to a person if the person is in a low aromatic fuel area.\n\nPenalty: 300 penalty units.\n\n Exceptions\n (4) A corporation does not commit an offence against subsection (1), (2) or (3) by engaging in particular conduct if:\n (a) both:\n (i) the conduct is exempt under section 17; and\n (ii) the corporation complies with any conditions of the exemption in engaging in the conduct; or\n (b) the corporation engages in the conduct in order to comply with a direction or order under an emergency law.\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n### Division 2—Requirements relating to low aromatic fuel for low aromatic fuel areas and fuel control areas\n\n#### 9 Requirements relating to low aromatic fuel for low aromatic fuel areas and fuel control areas\n\n Minister may determine requirements\n (1) The Minister may, by legislative instrument, determine requirements relating to the following:\n (a) communicating information in connection with the supply of low aromatic fuel in, or in relation to, a low aromatic fuel area or fuel control area, including information promoting low aromatic fuel;\n (b) making and keeping records relating to the supply, transport, possession or storage of low aromatic fuel in, or in relation to, a low aromatic fuel area or a fuel control area;\n (c) giving the Minister specified information relating to the supply, transport, possession or storage of low aromatic fuel in, or in relation to, a low aromatic fuel area or a fuel control area.\n\n> Note 1: Low aromatic fuel areas and fuel control areas are designated by the Minister under sections 14 and 15.\n\n> Note 2: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n (2) Without limiting subsection (1), a determination under that subsection may determine requirements in relation to one or more specified areas or areas in a specified class.\n (3) Before making a determination under subsection (1), the Minister must be satisfied that making the determination will further the object of this Act.\n\n#### 10 Offence—contravening requirements relating to low aromatic fuel\n\n (1) A corporation must not contravene a requirement determined under section 9.\n\nPenalty: 100 penalty units.\n\n Exceptions\n (2) A corporation does not commit an offence against subsection (1) by engaging in particular conduct if both:\n (a) the conduct is exempt under section 17; and\n (b) the corporation complies with any conditions of the exemption in engaging in the conduct.\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n### Division 3—Requirements relating to fuels generally for low aromatic fuel areas and fuel control areas\n\n#### 11 Requirements relating to fuels generally for low aromatic fuel areas and fuel control areas\n\n Minister may determine requirements\n (1) The Minister may, by legislative instrument, determine requirements relating to the supply, transport, possession or storage of a fuel in, or in relation to, a low aromatic fuel area or a fuel control area.\n\n> Note: Low aromatic fuel areas and fuel control areas are designated by the Minister under sections 14 and 15.\n\n (2) Without limiting subsection (1), a determination under that subsection may do any or all of the following:\n (a) prohibit (either absolutely or subject to conditions), limit, restrict or otherwise affect the supply, transport, possession or storage, of a fuel in, or in relation to, a low aromatic fuel area or a fuel control area;\n (b) require a fuel in a low aromatic fuel area or a fuel control area to be stored or secured in accordance with the determination;\n (c) require a fuel in a low aromatic fuel area or a fuel control area to be supplied in a specified kind of container;\n (d) specify requirements in relation to communicating information, in accordance with the determination, in connection with a supply of a fuel in, or in relation to, a low aromatic fuel area or a fuel control area;\n (e) specify requirements in relation to the information or documentation that a person must provide before a fuel is supplied to the person in a low aromatic fuel area or a fuel control area;\n (f) require a person to make and keep records relating to the supply, transport, possession or storage of a fuel in, or in relation to, a low aromatic fuel area or a fuel control area in accordance with the determination;\n (g) require a person to give the Minister specified information relating to the supply, transport, possession or storage of a fuel in, or in relation to, a low aromatic fuel area or a fuel control area, including information relating to a suspected offence against this Act.\n (3) The paragraphs of subsection (2) do not limit each other.\n (4) Without limiting subsection (1), a determination under that subsection may determine requirements in relation to one or more specified areas or areas in a specified class.\n (5) Before making a determination under subsection (1), the Minister must be satisfied that making the determination will further the object of this Act.\n (6) In making a determination under subsection (1), the Minister must have regard to:\n (a) the wellbeing of people, including Aboriginal persons and Torres Strait Islanders, living in and near the area; and\n (b) any submissions of the kind referred to in paragraph 13(2)(b); and\n (c) any other matter that the Minister considers relevant.\n\n#### 12 Offence—contravening requirements relating to fuels generally\n\n (1) A corporation must not contravene a requirement determined under section 11.\n\nPenalty: 300 penalty units.\n\n Exceptions\n (2) A corporation does not commit an offence against subsection (1) by engaging in particular conduct if:\n (a) both:\n (i) the conduct is exempt under section 17; and\n (ii) the corporation complies with any conditions of the exemption in engaging in the conduct; or\n (b) the corporation engages in the conduct in order to comply with a direction or order under an emergency law.\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 13 Consultation before determining requirements relating to fuels generally\n\n (1) Before making a determination under section 11, the Minister must consult with such persons and bodies from among the following as the Minister considers appropriate:\n (a) community representatives and bodies;\n (aa) Aboriginal persons or Torres Strait Islanders (or representatives of Aboriginal persons or Torres Strait Islanders);\n (b) manufacturers and suppliers of fuel;\n (c) persons with an interest in or knowledge of human health;\n (d) any other person that the Minister considers appropriate.\n (2) Without limiting subsection (1), the Minister must ensure that:\n (a) information setting out the following has been made available in the area or areas to which the determination relates:\n (i) the proposed requirements;\n (ii) an explanation, in summary form, of the proposed requirements; and\n (b) people living in the area, and businesses and organisations operating in the area, have been given a reasonable opportunity to make submissions to the Minister about:\n (i) the proposed requirements; and\n (ii) the consequences of determining the proposed requirements; and\n (iii) their circumstances, concerns and views, so far as they relate to the proposed requirements.\n\n## Part 3—Designating low aromatic fuel areas and fuel control areas\n\n#### 14 Minister may designate low aromatic fuel areas\n\n (1) The Minister may, by legislative instrument, designate an area specified in the instrument as a low aromatic fuel area.\n (2) The Minister may only designate an area under subsection (1) if:\n (a) the Minister is satisfied that designating the area is reasonably likely to help reduce potential harm to the health of people, including Aboriginal persons and Torres Strait Islanders, living in the area from sniffing fuel; and\n (b) the Minister is satisfied that there are adequate facilities or arrangements for the supply of low aromatic fuel to and within the area being designated; and\n (c) the Minister considers that the appropriate States and Territories have not enacted legislation consistent with this Act to reduce the harm of petrol sniffing, and it is unlikely that they will enact such legislation within a reasonable period.\n (3) In designating an area under subsection (1), the Minister must have regard to:\n (a) the wellbeing of people, including Aboriginal persons and Torres Strait Islanders, living in the area; and\n (b) whether there is reason to believe that the health of people, including Aboriginal persons and Torres Strait Islanders, living in the area has been harmed by sniffing fuel; and\n (c) whether people, including Aboriginal persons and Torres Strait Islanders, living in the area have expressed their concerns about sniffing fuel; and\n (d) whether people, including Aboriginal persons and Torres Strait Islanders, living in the area have expressed the view that their wellbeing will be improved if the area is designated as a low aromatic fuel area; and\n (e) any submissions of the kind referred to in paragraph 16(2)(b); and\n (f) the availability of low aromatic fuel in relation to the area; and\n (g) any other matter that the Minister considers relevant.\n\n#### 15 Minister may designate fuel control areas\n\n (1) The Minister may, by legislative instrument, designate an area specified in the instrument as a fuel control area.\n (2) The Minister may only designate an area under subsection (1) if he or she is satisfied that:\n (a) designating the area is reasonably likely to help reduce potential harm to the health of people, including Aboriginal persons and Torres Strait Islanders, living in that area or in a low aromatic fuel area from sniffing fuel; and\n (b) the Minister is satisfied that there are adequate facilities or arrangements for the supply of low aromatic fuel to and within the area being designated; and\n (c) the Minister considers that the appropriate States and Territories have not enacted legislation consistent with this Act to reduce the harm of petrol sniffing, and it is unlikely that they will enact such legislation within a reasonable period.\n (3) In designating an area under subsection (1), the Minister must have regard to:\n (a) the wellbeing of people, including Aboriginal persons and Torres Strait Islanders, living in the area and any relevant low aromatic fuel area; and\n (b) whether there is reason to believe that the health of people, including Aboriginal persons and Torres Strait Islanders, living in the area or any relevant low aromatic fuel area has been harmed by sniffing fuel; and\n (c) whether people, including Aboriginal persons and Torres Strait Islanders, living in the area or any relevant low aromatic fuel area have expressed their concerns about sniffing fuel; and\n (d) whether people, including Aboriginal persons and Torres Strait Islanders, living in the area or any relevant low aromatic fuel area have expressed the view that their wellbeing will be improved if the area is designated as a fuel control area; and\n (e) any submissions of the kind referred to in paragraph 16(2)(b); and\n (f) the availability of fuel (including low aromatic fuel) in relation to the area; and\n (g) any other matter that the Minister considers relevant.\n\n#### 16 Consultation before designating low aromatic fuel areas and fuel control areas\n\n (1) Before designating an area under section 14 or 15, the Minister must consult with such persons and bodies from among the following as the Minister considers appropriate:\n (a) community representatives;\n (aa) Aboriginal persons or Torres Strait Islanders (or representatives of Aboriginal persons or Torres Strait Islanders);\n (b) manufacturers and suppliers of fuel;\n (c) persons with an interest in or knowledge of human health;\n (d) any other person that the Minister considers appropriate.\n (2) Without limiting subsection (1), the Minister must ensure that:\n (a) information setting out the following has been made available in the area:\n (i) the proposal to designate the area;\n (ii) an explanation, in summary form, of the consequences of designating the area; and\n (b) people living in the area, and businesses and organisations operating in the area, have been given a reasonable opportunity to make submissions to the Minister about:\n (i) the proposal to designate the area; and\n (ii) the consequences of designating the area; and\n (iii) their circumstances, concerns and views, so far as they relate to the proposal.\n\n## Part 4—Exemptions from requirements of this Act\n\n#### 17 Minister may exempt conduct in relation to low aromatic fuel areas and fuel control areas\n\n (1) The Minister may, by written instrument, exempt specified conduct in, or in relation to, a low aromatic fuel area or a fuel control area for the purposes of subsection 8(4), 10(2) or 12(2), but only if the Minister is satisfied that:\n (a) there are special circumstances justifying the exemption; and\n (b) either:\n (i) if the exemption is for the purposes of subsection 8(4), 10(2) or 12(2)—it is unlikely that the wellbeing of people, including Aboriginal persons and Torres Strait Islanders, will be adversely affected by the exemption; or\n (ii) if the exemption is for the purposes of subsection 8(4)—the exemption is necessary because of the unavailability, or likely unavailability, of low aromatic fuel.\n (2) Without limiting subsection (1), the Minister may exempt conduct:\n (a) by one or more specified corporations or corporations in a specified class; and\n (b) in, or in relation to, one or more specified areas or areas in a specified class.\n (3) An exemption under subsection (1) is subject to the conditions specified in the exemption.\n\n> Note 1: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.\n\n> Note 2: A corporation may commit an offence under Part 2 if the corporation does not comply with a condition of an exemption.\n\n (4) An exemption made under subsection (1) exempting conduct in relation to one or more specified corporations is not a legislative instrument.\n (5) An exemption made under subsection (1) exempting the following conduct is a legislative instrument:\n (a) conduct by corporations in a specified class;\n (b) conduct in, or in relation to, one or more specified areas or areas in a specified class.\n\n## Part 5—Miscellaneous\n\n#### 18 Reviewing the operation of this Act\n\n (1) The Minister must cause a review of the operation of this Act to be undertaken as soon as possible after:\n (a) the fifth anniversary of the commencement of this section; and\n (b) each fifth anniversary after the day mentioned in paragraph (a).\n (2) The persons who undertake the review must give the Minister a written report of the review within one year after the relevant anniversary mentioned in subsection (1).\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is given to the Minister.\n\n#### 18A Acquisition of property\n\n This Act, or any instrument made under this Act, does not apply to the extent that the operation of this Act or the instrument would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph).\n\n#### 19 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Prohibition on supplying etc. regular unleaded petrol in low aromatic fuel areas","content":"#### 8 Prohibition on supplying etc. regular unleaded petrol in low aromatic fuel areas\n\n Offence—supplying regular unleaded petrol in low aromatic fuel area\n (1) A corporation must not supply regular unleaded petrol to a person if the person is in a low aromatic fuel area.\n\nPenalty: 300 penalty units.\n\n> Note: Low aromatic fuel areas are designated by the Minister under section 14.\n\n Offence—transporting regular unleaded petrol for supply in low aromatic fuel area\n (2) A corporation must not transport regular unleaded petrol:\n (a) intending to supply any of it to a person (the recipient); or\n (b) knowing that, or reckless as to whether, another person intends to supply any of it to a third person (the recipient);\n if the recipient is in a low aromatic fuel area.\n\nPenalty: 300 penalty units.\n\n Offence—possessing regular unleaded petrol for supply in low aromatic fuel area\n (3) A corporation must not possess regular unleaded petrol intending to supply any of it to a person if the person is in a low aromatic fuel area.\n\nPenalty: 300 penalty units.\n\n Exceptions\n (4) A corporation does not commit an offence against subsection (1), (2) or (3) by engaging in particular conduct if:\n (a) both:\n (i) the conduct is exempt under section 17; and\n (ii) the corporation complies with any conditions of the exemption in engaging in the conduct; or\n (b) the corporation engages in the conduct in order to comply with a direction or order under an emergency law.\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).","sortOrder":10},{"sectionNumber":"Division 2","sectionType":"division","heading":"Requirements relating to low aromatic fuel for low aromatic fuel areas and fuel control areas","content":"An Act to promote the supply of low aromatic fuel and control the supply of other fuels in certain areas, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Low Aromatic Fuel Act 2013.\n\n#### 2 Commencement\n\n This Act commences on the day this Act receives the Royal Assent.\n\n#### 3 Guide to this Act\n\nThis Act is about promoting the supply of low aromatic fuel and controlling the supply of other fuels in certain areas in order to reduce potential harm to the health of people, including Aboriginal persons and Torres Strait Islanders, living in those areas from sniffing fuel (see the object of this Act in section 4).\n\nPart 2—Requirements relating to fuels for low aromatic fuel areas and fuel control areas\n\nDivision 1 of Part 2 deals with requirements relating to regular unleaded petrol for low aromatic fuel areas, prohibiting the supply of regular unleaded petrol in a low aromatic fuel area.\n\nDivision 2 of Part 2 deals with requirements relating to low aromatic fuel for low aromatic fuel areas and fuel control areas. These requirements are determined by the Minister by legislative instrument.\n\nDivision 3 of Part 2 deals with requirements for fuels generally for low aromatic fuel areas and fuel control areas. These requirements are determined by the Minister by legislative instrument.\n\nBefore making a determination for the purposes of Division 2 or 3 of Part 2, the Minister must be satisfied that making the determination will further the object of this Act.\n\nPart 3—Designating low aromatic fuel areas and fuel control areas\n\nLow aromatic fuel areas and fuel control areas are designated by the Minister under Part 3.\n\nThe Minister may only designate an area as a low aromatic fuel area, following appropriate consultation, if satisfied that doing so is reasonably likely to help reduce potential harm from sniffing fuel in that area, and if certain other conditions are satisfied.\n\nThe Minister may only designate an area as a fuel control area, following appropriate consultation, if satisfied that doing so is reasonably likely to help reduce potential harm from sniffing fuel in that area or in a low aromatic fuel area, and if certain other conditions are satisfied.\n\nPart 4—Exemptions from requirements of this Act\n\nUnder Part 4, the Minister may exempt specified conduct from one or more of the requirements that would otherwise apply under Part 2 in relation to a low aromatic fuel area or a fuel control area.\n\nPart 5—Miscellaneous matters\n\nPart 5 deals with miscellaneous matters, including reviewing the operation of this Act and the power to make regulations.\n\nOther introductory matters\n\nPart 1 contains the Dictionary. The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.\n\nIn addition, Part 1 deals with the application of this Act to the Crown and the relationship between this Act and State and Territory laws.\n\n#### 4 Object of this Act\n\n The object of this Act is to enable special measures to be taken to reduce the potential harm to the health of people, including Aboriginal persons and Torres Strait Islanders, living in certain areas from sniffing fuel.\n\n#### 5 Dictionary\n\n In this Act:\n\n> Aboriginal person means a person of the Aboriginal race of Australia.\n\n> conduct means an act, an omission to perform an act or a state of affairs.\n\n> corporation means a corporation to which paragraph 51(xx) of the Constitution applies.\n\n> emergency law means:\n\n (a) the Liquid Fuel Emergency Act 1984; or\n (b) a law prescribed by the regulations for the purposes of this definition.\n\n> engage in conduct means:\n\n (a) do an act; or\n (b) omit to perform an act.\n\n> fuel means:\n\n (a) petrol, or any substance that is used as a substitute for petrol; or\n (b) a substance of a kind prescribed by the regulations for the purposes of this definition.\n\n> fuel control area means an area designated by the Minister under section 15.\n\n> low aromatic fuel means:\n\n (a) unleaded petrol that has a research octane number of less than 95, and that has aromatic compounds of less than 5% to help discourage fuel sniffing; or\n (b) unleaded petrol of a kind prescribed by the regulations for the purposes of this definition.\n\n> low aromatic fuel area means an area designated by the Minister under section 14.\n\n> petrol means a petroleum based fuel (whether or not containing ethanol) for spark‑ignition internal combustion engines.\n\n> regular unleaded petrol means unleaded petrol that has a research octane number of less than 95, but does not include low aromatic fuel.\n\n> supply includes give, distribute, barter and exchange, whether or not for consideration, and whether or not the supply is a wholesale or retail supply.\n\n> Torres Strait Islander means a descendant of an Indigenous inhabitant of the Torres Strait Islands.\n\n#### 6 Act binds Crown\n\n (1) This Act binds the Crown in each of its capacities.\n (2) This Act does not make the Crown liable to be prosecuted for an offence.\n (3) The protection in subsection (2) does not apply to an authority of the Crown.\n\n#### 7 Relationship to State and Territory laws\n\n This Act is not intended to exclude the operation of any law of a State or Territory, to the extent that that law is capable of operating concurrently with this Act.\n\n## Part 2—Requirements relating to fuels for low aromatic fuel areas and fuel control areas\n\n### Division 1—Requirements relating to regular unleaded petrol for low aromatic fuel areas\n\n#### 8 Prohibition on supplying etc. regular unleaded petrol in low aromatic fuel areas\n\n Offence—supplying regular unleaded petrol in low aromatic fuel area\n (1) A corporation must not supply regular unleaded petrol to a person if the person is in a low aromatic fuel area.\n\nPenalty: 300 penalty units.\n\n> Note: Low aromatic fuel areas are designated by the Minister under section 14.\n\n Offence—transporting regular unleaded petrol for supply in low aromatic fuel area\n (2) A corporation must not transport regular unleaded petrol:\n (a) intending to supply any of it to a person (the recipient); or\n (b) knowing that, or reckless as to whether, another person intends to supply any of it to a third person (the recipient);\n if the recipient is in a low aromatic fuel area.\n\nPenalty: 300 penalty units.\n\n Offence—possessing regular unleaded petrol for supply in low aromatic fuel area\n (3) A corporation must not possess regular unleaded petrol intending to supply any of it to a person if the person is in a low aromatic fuel area.\n\nPenalty: 300 penalty units.\n\n Exceptions\n (4) A corporation does not commit an offence against subsection (1), (2) or (3) by engaging in particular conduct if:\n (a) both:\n (i) the conduct is exempt under section 17; and\n (ii) the corporation complies with any conditions of the exemption in engaging in the conduct; or\n (b) the corporation engages in the conduct in order to comply with a direction or order under an emergency law.\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n### Division 2—Requirements relating to low aromatic fuel for low aromatic fuel areas and fuel control areas\n\n#### 9 Requirements relating to low aromatic fuel for low aromatic fuel areas and fuel control areas\n\n Minister may determine requirements\n (1) The Minister may, by legislative instrument, determine requirements relating to the following:\n (a) communicating information in connection with the supply of low aromatic fuel in, or in relation to, a low aromatic fuel area or fuel control area, including information promoting low aromatic fuel;\n (b) making and keeping records relating to the supply, transport, possession or storage of low aromatic fuel in, or in relation to, a low aromatic fuel area or a fuel control area;\n (c) giving the Minister specified information relating to the supply, transport, possession or storage of low aromatic fuel in, or in relation to, a low aromatic fuel area or a fuel control area.\n\n> Note 1: Low aromatic fuel areas and fuel control areas are designated by the Minister under sections 14 and 15.\n\n> Note 2: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n (2) Without limiting subsection (1), a determination under that subsection may determine requirements in relation to one or more specified areas or areas in a specified class.\n (3) Before making a determination under subsection (1), the Minister must be satisfied that making the determination will further the object of this Act.\n\n#### 10 Offence—contravening requirements relating to low aromatic fuel\n\n (1) A corporation must not contravene a requirement determined under section 9.\n\nPenalty: 100 penalty units.\n\n Exceptions\n (2) A corporation does not commit an offence against subsection (1) by engaging in particular conduct if both:\n (a) the conduct is exempt under section 17; and\n (b) the corporation complies with any conditions of the exemption in engaging in the conduct.\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n### Division 3—Requirements relating to fuels generally for low aromatic fuel areas and fuel control areas\n\n#### 11 Requirements relating to fuels generally for low aromatic fuel areas and fuel control areas\n\n Minister may determine requirements\n (1) The Minister may, by legislative instrument, determine requirements relating to the supply, transport, possession or storage of a fuel in, or in relation to, a low aromatic fuel area or a fuel control area.\n\n> Note: Low aromatic fuel areas and fuel control areas are designated by the Minister under sections 14 and 15.\n\n (2) Without limiting subsection (1), a determination under that subsection may do any or all of the following:\n (a) prohibit (either absolutely or subject to conditions), limit, restrict or otherwise affect the supply, transport, possession or storage, of a fuel in, or in relation to, a low aromatic fuel area or a fuel control area;\n (b) require a fuel in a low aromatic fuel area or a fuel control area to be stored or secured in accordance with the determination;\n (c) require a fuel in a low aromatic fuel area or a fuel control area to be supplied in a specified kind of container;\n (d) specify requirements in relation to communicating information, in accordance with the determination, in connection with a supply of a fuel in, or in relation to, a low aromatic fuel area or a fuel control area;\n (e) specify requirements in relation to the information or documentation that a person must provide before a fuel is supplied to the person in a low aromatic fuel area or a fuel control area;\n (f) require a person to make and keep records relating to the supply, transport, possession or storage of a fuel in, or in relation to, a low aromatic fuel area or a fuel control area in accordance with the determination;\n (g) require a person to give the Minister specified information relating to the supply, transport, possession or storage of a fuel in, or in relation to, a low aromatic fuel area or a fuel control area, including information relating to a suspected offence against this Act.\n (3) The paragraphs of subsection (2) do not limit each other.\n (4) Without limiting subsection (1), a determination under that subsection may determine requirements in relation to one or more specified areas or areas in a specified class.\n (5) Before making a determination under subsection (1), the Minister must be satisfied that making the determination will further the object of this Act.\n (6) In making a determination under subsection (1), the Minister must have regard to:\n (a) the wellbeing of people, including Aboriginal persons and Torres Strait Islanders, living in and near the area; and\n (b) any submissions of the kind referred to in paragraph 13(2)(b); and\n (c) any other matter that the Minister considers relevant.\n\n#### 12 Offence—contravening requirements relating to fuels generally\n\n (1) A corporation must not contravene a requirement determined under section 11.\n\nPenalty: 300 penalty units.\n\n Exceptions\n (2) A corporation does not commit an offence against subsection (1) by engaging in particular conduct if:\n (a) both:\n (i) the conduct is exempt under section 17; and\n (ii) the corporation complies with any conditions of the exemption in engaging in the conduct; or\n (b) the corporation engages in the conduct in order to comply with a direction or order under an emergency law.\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 13 Consultation before determining requirements relating to fuels generally\n\n (1) Before making a determination under section 11, the Minister must consult with such persons and bodies from among the following as the Minister considers appropriate:\n (a) community representatives and bodies;\n (aa) Aboriginal persons or Torres Strait Islanders (or representatives of Aboriginal persons or Torres Strait Islanders);\n (b) manufacturers and suppliers of fuel;\n (c) persons with an interest in or knowledge of human health;\n (d) any other person that the Minister considers appropriate.\n (2) Without limiting subsection (1), the Minister must ensure that:\n (a) information setting out the following has been made available in the area or areas to which the determination relates:\n (i) the proposed requirements;\n (ii) an explanation, in summary form, of the proposed requirements; and\n (b) people living in the area, and businesses and organisations operating in the area, have been given a reasonable opportunity to make submissions to the Minister about:\n (i) the proposed requirements; and\n (ii) the consequences of determining the proposed requirements; and\n (iii) their circumstances, concerns and views, so far as they relate to the proposed requirements.\n\n## Part 3—Designating low aromatic fuel areas and fuel control areas\n\n#### 14 Minister may designate low aromatic fuel areas\n\n (1) The Minister may, by legislative instrument, designate an area specified in the instrument as a low aromatic fuel area.\n (2) The Minister may only designate an area under subsection (1) if:\n (a) the Minister is satisfied that designating the area is reasonably likely to help reduce potential harm to the health of people, including Aboriginal persons and Torres Strait Islanders, living in the area from sniffing fuel; and\n (b) the Minister is satisfied that there are adequate facilities or arrangements for the supply of low aromatic fuel to and within the area being designated; and\n (c) the Minister considers that the appropriate States and Territories have not enacted legislation consistent with this Act to reduce the harm of petrol sniffing, and it is unlikely that they will enact such legislation within a reasonable period.\n (3) In designating an area under subsection (1), the Minister must have regard to:\n (a) the wellbeing of people, including Aboriginal persons and Torres Strait Islanders, living in the area; and\n (b) whether there is reason to believe that the health of people, including Aboriginal persons and Torres Strait Islanders, living in the area has been harmed by sniffing fuel; and\n (c) whether people, including Aboriginal persons and Torres Strait Islanders, living in the area have expressed their concerns about sniffing fuel; and\n (d) whether people, including Aboriginal persons and Torres Strait Islanders, living in the area have expressed the view that their wellbeing will be improved if the area is designated as a low aromatic fuel area; and\n (e) any submissions of the kind referred to in paragraph 16(2)(b); and\n (f) the availability of low aromatic fuel in relation to the area; and\n (g) any other matter that the Minister considers relevant.\n\n#### 15 Minister may designate fuel control areas\n\n (1) The Minister may, by legislative instrument, designate an area specified in the instrument as a fuel control area.\n (2) The Minister may only designate an area under subsection (1) if he or she is satisfied that:\n (a) designating the area is reasonably likely to help reduce potential harm to the health of people, including Aboriginal persons and Torres Strait Islanders, living in that area or in a low aromatic fuel area from sniffing fuel; and\n (b) the Minister is satisfied that there are adequate facilities or arrangements for the supply of low aromatic fuel to and within the area being designated; and\n (c) the Minister considers that the appropriate States and Territories have not enacted legislation consistent with this Act to reduce the harm of petrol sniffing, and it is unlikely that they will enact such legislation within a reasonable period.\n (3) In designating an area under subsection (1), the Minister must have regard to:\n (a) the wellbeing of people, including Aboriginal persons and Torres Strait Islanders, living in the area and any relevant low aromatic fuel area; and\n (b) whether there is reason to believe that the health of people, including Aboriginal persons and Torres Strait Islanders, living in the area or any relevant low aromatic fuel area has been harmed by sniffing fuel; and\n (c) whether people, including Aboriginal persons and Torres Strait Islanders, living in the area or any relevant low aromatic fuel area have expressed their concerns about sniffing fuel; and\n (d) whether people, including Aboriginal persons and Torres Strait Islanders, living in the area or any relevant low aromatic fuel area have expressed the view that their wellbeing will be improved if the area is designated as a fuel control area; and\n (e) any submissions of the kind referred to in paragraph 16(2)(b); and\n (f) the availability of fuel (including low aromatic fuel) in relation to the area; and\n (g) any other matter that the Minister considers relevant.\n\n#### 16 Consultation before designating low aromatic fuel areas and fuel control areas\n\n (1) Before designating an area under section 14 or 15, the Minister must consult with such persons and bodies from among the following as the Minister considers appropriate:\n (a) community representatives;\n (aa) Aboriginal persons or Torres Strait Islanders (or representatives of Aboriginal persons or Torres Strait Islanders);\n (b) manufacturers and suppliers of fuel;\n (c) persons with an interest in or knowledge of human health;\n (d) any other person that the Minister considers appropriate.\n (2) Without limiting subsection (1), the Minister must ensure that:\n (a) information setting out the following has been made available in the area:\n (i) the proposal to designate the area;\n (ii) an explanation, in summary form, of the consequences of designating the area; and\n (b) people living in the area, and businesses and organisations operating in the area, have been given a reasonable opportunity to make submissions to the Minister about:\n (i) the proposal to designate the area; and\n (ii) the consequences of designating the area; and\n (iii) their circumstances, concerns and views, so far as they relate to the proposal.\n\n## Part 4—Exemptions from requirements of this Act\n\n#### 17 Minister may exempt conduct in relation to low aromatic fuel areas and fuel control areas\n\n (1) The Minister may, by written instrument, exempt specified conduct in, or in relation to, a low aromatic fuel area or a fuel control area for the purposes of subsection 8(4), 10(2) or 12(2), but only if the Minister is satisfied that:\n (a) there are special circumstances justifying the exemption; and\n (b) either:\n (i) if the exemption is for the purposes of subsection 8(4), 10(2) or 12(2)—it is unlikely that the wellbeing of people, including Aboriginal persons and Torres Strait Islanders, will be adversely affected by the exemption; or\n (ii) if the exemption is for the purposes of subsection 8(4)—the exemption is necessary because of the unavailability, or likely unavailability, of low aromatic fuel.\n (2) Without limiting subsection (1), the Minister may exempt conduct:\n (a) by one or more specified corporations or corporations in a specified class; and\n (b) in, or in relation to, one or more specified areas or areas in a specified class.\n (3) An exemption under subsection (1) is subject to the conditions specified in the exemption.\n\n> Note 1: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.\n\n> Note 2: A corporation may commit an offence under Part 2 if the corporation does not comply with a condition of an exemption.\n\n (4) An exemption made under subsection (1) exempting conduct in relation to one or more specified corporations is not a legislative instrument.\n (5) An exemption made under subsection (1) exempting the following conduct is a legislative instrument:\n (a) conduct by corporations in a specified class;\n (b) conduct in, or in relation to, one or more specified areas or areas in a specified class.\n\n## Part 5—Miscellaneous\n\n#### 18 Reviewing the operation of this Act\n\n (1) The Minister must cause a review of the operation of this Act to be undertaken as soon as possible after:\n (a) the fifth anniversary of the commencement of this section; and\n (b) each fifth anniversary after the day mentioned in paragraph (a).\n (2) The persons who undertake the review must give the Minister a written report of the review within one year after the relevant anniversary mentioned in subsection (1).\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is given to the Minister.\n\n#### 18A Acquisition of property\n\n This Act, or any instrument made under this Act, does not apply to the extent that the operation of this Act or the instrument would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph).\n\n#### 19 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Requirements relating to low aromatic fuel for low aromatic fuel areas and fuel control areas","content":"#### 9 Requirements relating to low aromatic fuel for low aromatic fuel areas and fuel control areas\n\n Minister may determine requirements\n (1) The Minister may, by legislative instrument, determine requirements relating to the following:\n (a) communicating information in connection with the supply of low aromatic fuel in, or in relation to, a low aromatic fuel area or fuel control area, including information promoting low aromatic fuel;\n (b) making and keeping records relating to the supply, transport, possession or storage of low aromatic fuel in, or in relation to, a low aromatic fuel area or a fuel control area;\n (c) giving the Minister specified information relating to the supply, transport, possession or storage of low aromatic fuel in, or in relation to, a low aromatic fuel area or a fuel control area.\n\n> Note 1: Low aromatic fuel areas and fuel control areas are designated by the Minister under sections 14 and 15.\n\n> Note 2: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n (2) Without limiting subsection (1), a determination under that subsection may determine requirements in relation to one or more specified areas or areas in a specified class.\n (3) Before making a determination under subsection (1), the Minister must be satisfied that making the determination will further the object of this Act.","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Offence—contravening requirements relating to low aromatic fuel","content":"#### 10 Offence—contravening requirements relating to low aromatic fuel\n\n (1) A corporation must not contravene a requirement determined under section 9.\n\nPenalty: 100 penalty units.\n\n Exceptions\n (2) A corporation does not commit an offence against subsection (1) by engaging in particular conduct if both:\n (a) the conduct is exempt under section 17; and\n (b) the corporation complies with any conditions of the exemption in engaging in the conduct.\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).","sortOrder":13},{"sectionNumber":"Division 3","sectionType":"division","heading":"Requirements relating to fuels generally for low aromatic fuel areas and fuel control areas","content":"An Act to promote the supply of low aromatic fuel and control the supply of other fuels in certain areas, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Low Aromatic Fuel Act 2013.\n\n#### 2 Commencement\n\n This Act commences on the day this Act receives the Royal Assent.\n\n#### 3 Guide to this Act\n\nThis Act is about promoting the supply of low aromatic fuel and controlling the supply of other fuels in certain areas in order to reduce potential harm to the health of people, including Aboriginal persons and Torres Strait Islanders, living in those areas from sniffing fuel (see the object of this Act in section 4).\n\nPart 2—Requirements relating to fuels for low aromatic fuel areas and fuel control areas\n\nDivision 1 of Part 2 deals with requirements relating to regular unleaded petrol for low aromatic fuel areas, prohibiting the supply of regular unleaded petrol in a low aromatic fuel area.\n\nDivision 2 of Part 2 deals with requirements relating to low aromatic fuel for low aromatic fuel areas and fuel control areas. These requirements are determined by the Minister by legislative instrument.\n\nDivision 3 of Part 2 deals with requirements for fuels generally for low aromatic fuel areas and fuel control areas. These requirements are determined by the Minister by legislative instrument.\n\nBefore making a determination for the purposes of Division 2 or 3 of Part 2, the Minister must be satisfied that making the determination will further the object of this Act.\n\nPart 3—Designating low aromatic fuel areas and fuel control areas\n\nLow aromatic fuel areas and fuel control areas are designated by the Minister under Part 3.\n\nThe Minister may only designate an area as a low aromatic fuel area, following appropriate consultation, if satisfied that doing so is reasonably likely to help reduce potential harm from sniffing fuel in that area, and if certain other conditions are satisfied.\n\nThe Minister may only designate an area as a fuel control area, following appropriate consultation, if satisfied that doing so is reasonably likely to help reduce potential harm from sniffing fuel in that area or in a low aromatic fuel area, and if certain other conditions are satisfied.\n\nPart 4—Exemptions from requirements of this Act\n\nUnder Part 4, the Minister may exempt specified conduct from one or more of the requirements that would otherwise apply under Part 2 in relation to a low aromatic fuel area or a fuel control area.\n\nPart 5—Miscellaneous matters\n\nPart 5 deals with miscellaneous matters, including reviewing the operation of this Act and the power to make regulations.\n\nOther introductory matters\n\nPart 1 contains the Dictionary. The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.\n\nIn addition, Part 1 deals with the application of this Act to the Crown and the relationship between this Act and State and Territory laws.\n\n#### 4 Object of this Act\n\n The object of this Act is to enable special measures to be taken to reduce the potential harm to the health of people, including Aboriginal persons and Torres Strait Islanders, living in certain areas from sniffing fuel.\n\n#### 5 Dictionary\n\n In this Act:\n\n> Aboriginal person means a person of the Aboriginal race of Australia.\n\n> conduct means an act, an omission to perform an act or a state of affairs.\n\n> corporation means a corporation to which paragraph 51(xx) of the Constitution applies.\n\n> emergency law means:\n\n (a) the Liquid Fuel Emergency Act 1984; or\n (b) a law prescribed by the regulations for the purposes of this definition.\n\n> engage in conduct means:\n\n (a) do an act; or\n (b) omit to perform an act.\n\n> fuel means:\n\n (a) petrol, or any substance that is used as a substitute for petrol; or\n (b) a substance of a kind prescribed by the regulations for the purposes of this definition.\n\n> fuel control area means an area designated by the Minister under section 15.\n\n> low aromatic fuel means:\n\n (a) unleaded petrol that has a research octane number of less than 95, and that has aromatic compounds of less than 5% to help discourage fuel sniffing; or\n (b) unleaded petrol of a kind prescribed by the regulations for the purposes of this definition.\n\n> low aromatic fuel area means an area designated by the Minister under section 14.\n\n> petrol means a petroleum based fuel (whether or not containing ethanol) for spark‑ignition internal combustion engines.\n\n> regular unleaded petrol means unleaded petrol that has a research octane number of less than 95, but does not include low aromatic fuel.\n\n> supply includes give, distribute, barter and exchange, whether or not for consideration, and whether or not the supply is a wholesale or retail supply.\n\n> Torres Strait Islander means a descendant of an Indigenous inhabitant of the Torres Strait Islands.\n\n#### 6 Act binds Crown\n\n (1) This Act binds the Crown in each of its capacities.\n (2) This Act does not make the Crown liable to be prosecuted for an offence.\n (3) The protection in subsection (2) does not apply to an authority of the Crown.\n\n#### 7 Relationship to State and Territory laws\n\n This Act is not intended to exclude the operation of any law of a State or Territory, to the extent that that law is capable of operating concurrently with this Act.\n\n## Part 2—Requirements relating to fuels for low aromatic fuel areas and fuel control areas\n\n### Division 1—Requirements relating to regular unleaded petrol for low aromatic fuel areas\n\n#### 8 Prohibition on supplying etc. regular unleaded petrol in low aromatic fuel areas\n\n Offence—supplying regular unleaded petrol in low aromatic fuel area\n (1) A corporation must not supply regular unleaded petrol to a person if the person is in a low aromatic fuel area.\n\nPenalty: 300 penalty units.\n\n> Note: Low aromatic fuel areas are designated by the Minister under section 14.\n\n Offence—transporting regular unleaded petrol for supply in low aromatic fuel area\n (2) A corporation must not transport regular unleaded petrol:\n (a) intending to supply any of it to a person (the recipient); or\n (b) knowing that, or reckless as to whether, another person intends to supply any of it to a third person (the recipient);\n if the recipient is in a low aromatic fuel area.\n\nPenalty: 300 penalty units.\n\n Offence—possessing regular unleaded petrol for supply in low aromatic fuel area\n (3) A corporation must not possess regular unleaded petrol intending to supply any of it to a person if the person is in a low aromatic fuel area.\n\nPenalty: 300 penalty units.\n\n Exceptions\n (4) A corporation does not commit an offence against subsection (1), (2) or (3) by engaging in particular conduct if:\n (a) both:\n (i) the conduct is exempt under section 17; and\n (ii) the corporation complies with any conditions of the exemption in engaging in the conduct; or\n (b) the corporation engages in the conduct in order to comply with a direction or order under an emergency law.\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n### Division 2—Requirements relating to low aromatic fuel for low aromatic fuel areas and fuel control areas\n\n#### 9 Requirements relating to low aromatic fuel for low aromatic fuel areas and fuel control areas\n\n Minister may determine requirements\n (1) The Minister may, by legislative instrument, determine requirements relating to the following:\n (a) communicating information in connection with the supply of low aromatic fuel in, or in relation to, a low aromatic fuel area or fuel control area, including information promoting low aromatic fuel;\n (b) making and keeping records relating to the supply, transport, possession or storage of low aromatic fuel in, or in relation to, a low aromatic fuel area or a fuel control area;\n (c) giving the Minister specified information relating to the supply, transport, possession or storage of low aromatic fuel in, or in relation to, a low aromatic fuel area or a fuel control area.\n\n> Note 1: Low aromatic fuel areas and fuel control areas are designated by the Minister under sections 14 and 15.\n\n> Note 2: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n (2) Without limiting subsection (1), a determination under that subsection may determine requirements in relation to one or more specified areas or areas in a specified class.\n (3) Before making a determination under subsection (1), the Minister must be satisfied that making the determination will further the object of this Act.\n\n#### 10 Offence—contravening requirements relating to low aromatic fuel\n\n (1) A corporation must not contravene a requirement determined under section 9.\n\nPenalty: 100 penalty units.\n\n Exceptions\n (2) A corporation does not commit an offence against subsection (1) by engaging in particular conduct if both:\n (a) the conduct is exempt under section 17; and\n (b) the corporation complies with any conditions of the exemption in engaging in the conduct.\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n### Division 3—Requirements relating to fuels generally for low aromatic fuel areas and fuel control areas\n\n#### 11 Requirements relating to fuels generally for low aromatic fuel areas and fuel control areas\n\n Minister may determine requirements\n (1) The Minister may, by legislative instrument, determine requirements relating to the supply, transport, possession or storage of a fuel in, or in relation to, a low aromatic fuel area or a fuel control area.\n\n> Note: Low aromatic fuel areas and fuel control areas are designated by the Minister under sections 14 and 15.\n\n (2) Without limiting subsection (1), a determination under that subsection may do any or all of the following:\n (a) prohibit (either absolutely or subject to conditions), limit, restrict or otherwise affect the supply, transport, possession or storage, of a fuel in, or in relation to, a low aromatic fuel area or a fuel control area;\n (b) require a fuel in a low aromatic fuel area or a fuel control area to be stored or secured in accordance with the determination;\n (c) require a fuel in a low aromatic fuel area or a fuel control area to be supplied in a specified kind of container;\n (d) specify requirements in relation to communicating information, in accordance with the determination, in connection with a supply of a fuel in, or in relation to, a low aromatic fuel area or a fuel control area;\n (e) specify requirements in relation to the information or documentation that a person must provide before a fuel is supplied to the person in a low aromatic fuel area or a fuel control area;\n (f) require a person to make and keep records relating to the supply, transport, possession or storage of a fuel in, or in relation to, a low aromatic fuel area or a fuel control area in accordance with the determination;\n (g) require a person to give the Minister specified information relating to the supply, transport, possession or storage of a fuel in, or in relation to, a low aromatic fuel area or a fuel control area, including information relating to a suspected offence against this Act.\n (3) The paragraphs of subsection (2) do not limit each other.\n (4) Without limiting subsection (1), a determination under that subsection may determine requirements in relation to one or more specified areas or areas in a specified class.\n (5) Before making a determination under subsection (1), the Minister must be satisfied that making the determination will further the object of this Act.\n (6) In making a determination under subsection (1), the Minister must have regard to:\n (a) the wellbeing of people, including Aboriginal persons and Torres Strait Islanders, living in and near the area; and\n (b) any submissions of the kind referred to in paragraph 13(2)(b); and\n (c) any other matter that the Minister considers relevant.\n\n#### 12 Offence—contravening requirements relating to fuels generally\n\n (1) A corporation must not contravene a requirement determined under section 11.\n\nPenalty: 300 penalty units.\n\n Exceptions\n (2) A corporation does not commit an offence against subsection (1) by engaging in particular conduct if:\n (a) both:\n (i) the conduct is exempt under section 17; and\n (ii) the corporation complies with any conditions of the exemption in engaging in the conduct; or\n (b) the corporation engages in the conduct in order to comply with a direction or order under an emergency law.\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 13 Consultation before determining requirements relating to fuels generally\n\n (1) Before making a determination under section 11, the Minister must consult with such persons and bodies from among the following as the Minister considers appropriate:\n (a) community representatives and bodies;\n (aa) Aboriginal persons or Torres Strait Islanders (or representatives of Aboriginal persons or Torres Strait Islanders);\n (b) manufacturers and suppliers of fuel;\n (c) persons with an interest in or knowledge of human health;\n (d) any other person that the Minister considers appropriate.\n (2) Without limiting subsection (1), the Minister must ensure that:\n (a) information setting out the following has been made available in the area or areas to which the determination relates:\n (i) the proposed requirements;\n (ii) an explanation, in summary form, of the proposed requirements; and\n (b) people living in the area, and businesses and organisations operating in the area, have been given a reasonable opportunity to make submissions to the Minister about:\n (i) the proposed requirements; and\n (ii) the consequences of determining the proposed requirements; and\n (iii) their circumstances, concerns and views, so far as they relate to the proposed requirements.\n\n## Part 3—Designating low aromatic fuel areas and fuel control areas\n\n#### 14 Minister may designate low aromatic fuel areas\n\n (1) The Minister may, by legislative instrument, designate an area specified in the instrument as a low aromatic fuel area.\n (2) The Minister may only designate an area under subsection (1) if:\n (a) the Minister is satisfied that designating the area is reasonably likely to help reduce potential harm to the health of people, including Aboriginal persons and Torres Strait Islanders, living in the area from sniffing fuel; and\n (b) the Minister is satisfied that there are adequate facilities or arrangements for the supply of low aromatic fuel to and within the area being designated; and\n (c) the Minister considers that the appropriate States and Territories have not enacted legislation consistent with this Act to reduce the harm of petrol sniffing, and it is unlikely that they will enact such legislation within a reasonable period.\n (3) In designating an area under subsection (1), the Minister must have regard to:\n (a) the wellbeing of people, including Aboriginal persons and Torres Strait Islanders, living in the area; and\n (b) whether there is reason to believe that the health of people, including Aboriginal persons and Torres Strait Islanders, living in the area has been harmed by sniffing fuel; and\n (c) whether people, including Aboriginal persons and Torres Strait Islanders, living in the area have expressed their concerns about sniffing fuel; and\n (d) whether people, including Aboriginal persons and Torres Strait Islanders, living in the area have expressed the view that their wellbeing will be improved if the area is designated as a low aromatic fuel area; and\n (e) any submissions of the kind referred to in paragraph 16(2)(b); and\n (f) the availability of low aromatic fuel in relation to the area; and\n (g) any other matter that the Minister considers relevant.\n\n#### 15 Minister may designate fuel control areas\n\n (1) The Minister may, by legislative instrument, designate an area specified in the instrument as a fuel control area.\n (2) The Minister may only designate an area under subsection (1) if he or she is satisfied that:\n (a) designating the area is reasonably likely to help reduce potential harm to the health of people, including Aboriginal persons and Torres Strait Islanders, living in that area or in a low aromatic fuel area from sniffing fuel; and\n (b) the Minister is satisfied that there are adequate facilities or arrangements for the supply of low aromatic fuel to and within the area being designated; and\n (c) the Minister considers that the appropriate States and Territories have not enacted legislation consistent with this Act to reduce the harm of petrol sniffing, and it is unlikely that they will enact such legislation within a reasonable period.\n (3) In designating an area under subsection (1), the Minister must have regard to:\n (a) the wellbeing of people, including Aboriginal persons and Torres Strait Islanders, living in the area and any relevant low aromatic fuel area; and\n (b) whether there is reason to believe that the health of people, including Aboriginal persons and Torres Strait Islanders, living in the area or any relevant low aromatic fuel area has been harmed by sniffing fuel; and\n (c) whether people, including Aboriginal persons and Torres Strait Islanders, living in the area or any relevant low aromatic fuel area have expressed their concerns about sniffing fuel; and\n (d) whether people, including Aboriginal persons and Torres Strait Islanders, living in the area or any relevant low aromatic fuel area have expressed the view that their wellbeing will be improved if the area is designated as a fuel control area; and\n (e) any submissions of the kind referred to in paragraph 16(2)(b); and\n (f) the availability of fuel (including low aromatic fuel) in relation to the area; and\n (g) any other matter that the Minister considers relevant.\n\n#### 16 Consultation before designating low aromatic fuel areas and fuel control areas\n\n (1) Before designating an area under section 14 or 15, the Minister must consult with such persons and bodies from among the following as the Minister considers appropriate:\n (a) community representatives;\n (aa) Aboriginal persons or Torres Strait Islanders (or representatives of Aboriginal persons or Torres Strait Islanders);\n (b) manufacturers and suppliers of fuel;\n (c) persons with an interest in or knowledge of human health;\n (d) any other person that the Minister considers appropriate.\n (2) Without limiting subsection (1), the Minister must ensure that:\n (a) information setting out the following has been made available in the area:\n (i) the proposal to designate the area;\n (ii) an explanation, in summary form, of the consequences of designating the area; and\n (b) people living in the area, and businesses and organisations operating in the area, have been given a reasonable opportunity to make submissions to the Minister about:\n (i) the proposal to designate the area; and\n (ii) the consequences of designating the area; and\n (iii) their circumstances, concerns and views, so far as they relate to the proposal.\n\n## Part 4—Exemptions from requirements of this Act\n\n#### 17 Minister may exempt conduct in relation to low aromatic fuel areas and fuel control areas\n\n (1) The Minister may, by written instrument, exempt specified conduct in, or in relation to, a low aromatic fuel area or a fuel control area for the purposes of subsection 8(4), 10(2) or 12(2), but only if the Minister is satisfied that:\n (a) there are special circumstances justifying the exemption; and\n (b) either:\n (i) if the exemption is for the purposes of subsection 8(4), 10(2) or 12(2)—it is unlikely that the wellbeing of people, including Aboriginal persons and Torres Strait Islanders, will be adversely affected by the exemption; or\n (ii) if the exemption is for the purposes of subsection 8(4)—the exemption is necessary because of the unavailability, or likely unavailability, of low aromatic fuel.\n (2) Without limiting subsection (1), the Minister may exempt conduct:\n (a) by one or more specified corporations or corporations in a specified class; and\n (b) in, or in relation to, one or more specified areas or areas in a specified class.\n (3) An exemption under subsection (1) is subject to the conditions specified in the exemption.\n\n> Note 1: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.\n\n> Note 2: A corporation may commit an offence under Part 2 if the corporation does not comply with a condition of an exemption.\n\n (4) An exemption made under subsection (1) exempting conduct in relation to one or more specified corporations is not a legislative instrument.\n (5) An exemption made under subsection (1) exempting the following conduct is a legislative instrument:\n (a) conduct by corporations in a specified class;\n (b) conduct in, or in relation to, one or more specified areas or areas in a specified class.\n\n## Part 5—Miscellaneous\n\n#### 18 Reviewing the operation of this Act\n\n (1) The Minister must cause a review of the operation of this Act to be undertaken as soon as possible after:\n (a) the fifth anniversary of the commencement of this section; and\n (b) each fifth anniversary after the day mentioned in paragraph (a).\n (2) The persons who undertake the review must give the Minister a written report of the review within one year after the relevant anniversary mentioned in subsection (1).\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is given to the Minister.\n\n#### 18A Acquisition of property\n\n This Act, or any instrument made under this Act, does not apply to the extent that the operation of this Act or the instrument would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph).\n\n#### 19 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":14},{"sectionNumber":"11","sectionType":"section","heading":"Requirements relating to fuels generally for low aromatic fuel areas and fuel control areas","content":"#### 11 Requirements relating to fuels generally for low aromatic fuel areas and fuel control areas\n\n Minister may determine requirements\n (1) The Minister may, by legislative instrument, determine requirements relating to the supply, transport, possession or storage of a fuel in, or in relation to, a low aromatic fuel area or a fuel control area.\n\n> Note: Low aromatic fuel areas and fuel control areas are designated by the Minister under sections 14 and 15.\n\n (2) Without limiting subsection (1), a determination under that subsection may do any or all of the following:\n (a) prohibit (either absolutely or subject to conditions), limit, restrict or otherwise affect the supply, transport, possession or storage, of a fuel in, or in relation to, a low aromatic fuel area or a fuel control area;\n (b) require a fuel in a low aromatic fuel area or a fuel control area to be stored or secured in accordance with the determination;\n (c) require a fuel in a low aromatic fuel area or a fuel control area to be supplied in a specified kind of container;\n (d) specify requirements in relation to communicating information, in accordance with the determination, in connection with a supply of a fuel in, or in relation to, a low aromatic fuel area or a fuel control area;\n (e) specify requirements in relation to the information or documentation that a person must provide before a fuel is supplied to the person in a low aromatic fuel area or a fuel control area;\n (f) require a person to make and keep records relating to the supply, transport, possession or storage of a fuel in, or in relation to, a low aromatic fuel area or a fuel control area in accordance with the determination;\n (g) require a person to give the Minister specified information relating to the supply, transport, possession or storage of a fuel in, or in relation to, a low aromatic fuel area or a fuel control area, including information relating to a suspected offence against this Act.\n (3) The paragraphs of subsection (2) do not limit each other.\n (4) Without limiting subsection (1), a determination under that subsection may determine requirements in relation to one or more specified areas or areas in a specified class.\n (5) Before making a determination under subsection (1), the Minister must be satisfied that making the determination will further the object of this Act.\n (6) In making a determination under subsection (1), the Minister must have regard to:\n (a) the wellbeing of people, including Aboriginal persons and Torres Strait Islanders, living in and near the area; and\n (b) any submissions of the kind referred to in paragraph 13(2)(b); and\n (c) any other matter that the Minister considers relevant.","sortOrder":15},{"sectionNumber":"12","sectionType":"section","heading":"Offence—contravening requirements relating to fuels generally","content":"#### 12 Offence—contravening requirements relating to fuels generally\n\n (1) A corporation must not contravene a requirement determined under section 11.\n\nPenalty: 300 penalty units.\n\n Exceptions\n (2) A corporation does not commit an offence against subsection (1) by engaging in particular conduct if:\n (a) both:\n (i) the conduct is exempt under section 17; and\n (ii) the corporation complies with any conditions of the exemption in engaging in the conduct; or\n (b) the corporation engages in the conduct in order to comply with a direction or order under an emergency law.\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).","sortOrder":16},{"sectionNumber":"13","sectionType":"section","heading":"Consultation before determining requirements relating to fuels generally","content":"#### 13 Consultation before determining requirements relating to fuels generally\n\n (1) Before making a determination under section 11, the Minister must consult with such persons and bodies from among the following as the Minister considers appropriate:\n (a) community representatives and bodies;\n (aa) Aboriginal persons or Torres Strait Islanders (or representatives of Aboriginal persons or Torres Strait Islanders);\n (b) manufacturers and suppliers of fuel;\n (c) persons with an interest in or knowledge of human health;\n (d) any other person that the Minister considers appropriate.\n (2) Without limiting subsection (1), the Minister must ensure that:\n (a) information setting out the following has been made available in the area or areas to which the determination relates:\n (i) the proposed requirements;\n (ii) an explanation, in summary form, of the proposed requirements; and\n (b) people living in the area, and businesses and organisations operating in the area, have been given a reasonable opportunity to make submissions to the Minister about:\n (i) the proposed requirements; and\n (ii) the consequences of determining the proposed requirements; and\n (iii) their circumstances, concerns and views, so far as they relate to the proposed requirements.","sortOrder":17},{"sectionNumber":"Part 3","sectionType":"part","heading":"Designating low aromatic fuel areas and fuel control areas","content":"## Part 3—Designating low aromatic fuel areas and fuel control areas","sortOrder":18},{"sectionNumber":"14","sectionType":"section","heading":"Minister may designate low aromatic fuel areas","content":"#### 14 Minister may designate low aromatic fuel areas\n\n (1) The Minister may, by legislative instrument, designate an area specified in the instrument as a low aromatic fuel area.\n (2) The Minister may only designate an area under subsection (1) if:\n (a) the Minister is satisfied that designating the area is reasonably likely to help reduce potential harm to the health of people, including Aboriginal persons and Torres Strait Islanders, living in the area from sniffing fuel; and\n (b) the Minister is satisfied that there are adequate facilities or arrangements for the supply of low aromatic fuel to and within the area being designated; and\n (c) the Minister considers that the appropriate States and Territories have not enacted legislation consistent with this Act to reduce the harm of petrol sniffing, and it is unlikely that they will enact such legislation within a reasonable period.\n (3) In designating an area under subsection (1), the Minister must have regard to:\n (a) the wellbeing of people, including Aboriginal persons and Torres Strait Islanders, living in the area; and\n (b) whether there is reason to believe that the health of people, including Aboriginal persons and Torres Strait Islanders, living in the area has been harmed by sniffing fuel; and\n (c) whether people, including Aboriginal persons and Torres Strait Islanders, living in the area have expressed their concerns about sniffing fuel; and\n (d) whether people, including Aboriginal persons and Torres Strait Islanders, living in the area have expressed the view that their wellbeing will be improved if the area is designated as a low aromatic fuel area; and\n (e) any submissions of the kind referred to in paragraph 16(2)(b); and\n (f) the availability of low aromatic fuel in relation to the area; and\n (g) any other matter that the Minister considers relevant.","sortOrder":19},{"sectionNumber":"15","sectionType":"section","heading":"Minister may designate fuel control areas","content":"#### 15 Minister may designate fuel control areas\n\n (1) The Minister may, by legislative instrument, designate an area specified in the instrument as a fuel control area.\n (2) The Minister may only designate an area under subsection (1) if he or she is satisfied that:\n (a) designating the area is reasonably likely to help reduce potential harm to the health of people, including Aboriginal persons and Torres Strait Islanders, living in that area or in a low aromatic fuel area from sniffing fuel; and\n (b) the Minister is satisfied that there are adequate facilities or arrangements for the supply of low aromatic fuel to and within the area being designated; and\n (c) the Minister considers that the appropriate States and Territories have not enacted legislation consistent with this Act to reduce the harm of petrol sniffing, and it is unlikely that they will enact such legislation within a reasonable period.\n (3) In designating an area under subsection (1), the Minister must have regard to:\n (a) the wellbeing of people, including Aboriginal persons and Torres Strait Islanders, living in the area and any relevant low aromatic fuel area; and\n (b) whether there is reason to believe that the health of people, including Aboriginal persons and Torres Strait Islanders, living in the area or any relevant low aromatic fuel area has been harmed by sniffing fuel; and\n (c) whether people, including Aboriginal persons and Torres Strait Islanders, living in the area or any relevant low aromatic fuel area have expressed their concerns about sniffing fuel; and\n (d) whether people, including Aboriginal persons and Torres Strait Islanders, living in the area or any relevant low aromatic fuel area have expressed the view that their wellbeing will be improved if the area is designated as a fuel control area; and\n (e) any submissions of the kind referred to in paragraph 16(2)(b); and\n (f) the availability of fuel (including low aromatic fuel) in relation to the area; and\n (g) any other matter that the Minister considers relevant.","sortOrder":20},{"sectionNumber":"16","sectionType":"section","heading":"Consultation before designating low aromatic fuel areas and fuel control areas","content":"#### 16 Consultation before designating low aromatic fuel areas and fuel control areas\n\n (1) Before designating an area under section 14 or 15, the Minister must consult with such persons and bodies from among the following as the Minister considers appropriate:\n (a) community representatives;\n (aa) Aboriginal persons or Torres Strait Islanders (or representatives of Aboriginal persons or Torres Strait Islanders);\n (b) manufacturers and suppliers of fuel;\n (c) persons with an interest in or knowledge of human health;\n (d) any other person that the Minister considers appropriate.\n (2) Without limiting subsection (1), the Minister must ensure that:\n (a) information setting out the following has been made available in the area:\n (i) the proposal to designate the area;\n (ii) an explanation, in summary form, of the consequences of designating the area; and\n (b) people living in the area, and businesses and organisations operating in the area, have been given a reasonable opportunity to make submissions to the Minister about:\n (i) the proposal to designate the area; and\n (ii) the consequences of designating the area; and\n (iii) their circumstances, concerns and views, so far as they relate to the proposal.","sortOrder":21},{"sectionNumber":"Part 4","sectionType":"part","heading":"Exemptions from requirements of this Act","content":"## Part 4—Exemptions from requirements of this Act","sortOrder":22},{"sectionNumber":"17","sectionType":"section","heading":"Minister may exempt conduct in relation to low aromatic fuel areas and fuel control areas","content":"#### 17 Minister may exempt conduct in relation to low aromatic fuel areas and fuel control areas\n\n (1) The Minister may, by written instrument, exempt specified conduct in, or in relation to, a low aromatic fuel area or a fuel control area for the purposes of subsection 8(4), 10(2) or 12(2), but only if the Minister is satisfied that:\n (a) there are special circumstances justifying the exemption; and\n (b) either:\n (i) if the exemption is for the purposes of subsection 8(4), 10(2) or 12(2)—it is unlikely that the wellbeing of people, including Aboriginal persons and Torres Strait Islanders, will be adversely affected by the exemption; or\n (ii) if the exemption is for the purposes of subsection 8(4)—the exemption is necessary because of the unavailability, or likely unavailability, of low aromatic fuel.\n (2) Without limiting subsection (1), the Minister may exempt conduct:\n (a) by one or more specified corporations or corporations in a specified class; and\n (b) in, or in relation to, one or more specified areas or areas in a specified class.\n (3) An exemption under subsection (1) is subject to the conditions specified in the exemption.\n\n> Note 1: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.\n\n> Note 2: A corporation may commit an offence under Part 2 if the corporation does not comply with a condition of an exemption.\n\n (4) An exemption made under subsection (1) exempting conduct in relation to one or more specified corporations is not a legislative instrument.\n (5) An exemption made under subsection (1) exempting the following conduct is a legislative instrument:\n (a) conduct by corporations in a specified class;\n (b) conduct in, or in relation to, one or more specified areas or areas in a specified class.","sortOrder":23},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"## Part 5—Miscellaneous","sortOrder":24},{"sectionNumber":"18","sectionType":"section","heading":"Reviewing the operation of this Act","content":"#### 18 Reviewing the operation of this Act\n\n (1) The Minister must cause a review of the operation of this Act to be undertaken as soon as possible after:\n (a) the fifth anniversary of the commencement of this section; and\n (b) each fifth anniversary after the day mentioned in paragraph (a).\n (2) The persons who undertake the review must give the Minister a written report of the review within one year after the relevant anniversary mentioned in subsection (1).\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is given to the Minister.","sortOrder":25},{"sectionNumber":"18A","sectionType":"section","heading":"Acquisition of property","content":"#### 18A Acquisition of property\n\n This Act, or any instrument made under this Act, does not apply to the extent that the operation of this Act or the instrument would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph).","sortOrder":26},{"sectionNumber":"19","sectionType":"section","heading":"Regulations","content":"#### 19 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":27}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":569},"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act remains tightly focused on its original purpose of reducing petrol sniffing harm through fuel substitution. The two-tier area system (low aromatic fuel areas plus surrounding fuel control areas) and delegated powers for detailed requirements were clearly contemplated in the original design."},"complexity_factors":["Multiple overlapping area designations (low aromatic fuel areas vs fuel control areas) with slightly different criteria","Delegated legislative power allowing Minister to create detailed requirements without parliamentary scrutiny","Nested exception structure: exemptions from offences, with conditions on those exemptions, and evidential burdens on defendants","Cross-references to external statutes (Criminal Code, Acts Interpretation Act, Legislation Act)","Constitutional safeguards (section 18A) requiring 'just terms' for any property acquisition","Extensive mandatory consultation requirements with multiple stakeholder categories before designating areas"],"plain_english_summary":"This Act tackles petrol sniffing in remote communities by replacing regular unleaded petrol with a safer alternative.\n\n**What it does**\n\nThe Act creates a system where the Minister can designate certain areas as **\"low aromatic fuel areas\"** or **\"fuel control areas\"**. In these areas, regular unleaded petrol (the type that can be sniffed to get high) is banned. Instead, fuel suppliers must provide **\"low aromatic fuel\"** — a specially formulated petrol with less than 5% aromatic compounds, which doesn't produce the same intoxicating effects when inhaled.\n\n**Key rules**\n\n- **Corporations** (not individuals) face criminal penalties for supplying, transporting, or possessing regular unleaded petrol in designated areas — up to 300 penalty units (roughly $66,000)\n- The Minister can set additional rules for fuel supply, storage, and record-keeping in these areas through **legislative instruments** (a type of delegated law)\n- **Fuel control areas** are buffer zones around low aromatic fuel areas, designed to stop regular petrol being brought in from nearby\n\n**Who decides where**\n\nThe Minister designates areas only after:\n- Consulting local communities, including Aboriginal and Torres Strait Islander representatives\n- Being satisfied the designation will reduce harm from sniffing\n- Confirming adequate supplies of low aromatic fuel are available\n- Determining that States/Territories haven't passed equivalent laws\n\n**Exemptions**\n\nThe Minister can grant exemptions for special circumstances — for example, if low aromatic fuel becomes unavailable.\n\n**Why it matters**\n\nPetrol sniffing has caused serious brain damage and death in remote Indigenous communities. This Act uses federal trade powers to create a practical public health intervention, replacing a harmful substance with a chemically similar but non-intoxicating alternative."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act's provisions are consistent with its stated object: to enable special measures to reduce potential harm from petrol sniffing by substituting low aromatic fuel and controlling supply in specified areas. The measures (area designation, supply prohibitions, delegated requirements and exemptions) align with that purpose and do not materially broaden the Act beyond that core public‑health and supply‑control function."},"complexity_factors":["Multiple delegated powers to the Minister to make legislative instruments (ss 9, 11, 14–15) that determine operational detail","Two parallel regulatory tracks: specific prohibition on regular unleaded petrol in low aromatic fuel areas (s 8) plus open‑ended requirements for low aromatic fuel (s 9) and for fuels generally (s 11)","Exemption regime with conditional tests and split legal form (written instrument vs legislative instrument depending on scope) (s 17(4)–(5))","Several statutory offences with different penalties (100 vs 300 penalty units) and exception carve‑outs (ss 8, 10, 12)","Consultation and ‘have regard to’ obligations that add procedural complexity (ss 13, 16, 11(6), 14(3), 15(3))","Dictionary with multiple defined terms that materially affect scope (e.g. \"fuel\", \"low aromatic fuel\", \"regular unleaded petrol\", \"supply\", \"corporation\") — approximately 14 defined items relevant to operation","Cross‑references to external laws and the Criminal Code evidential burden rule (note to s 8 and Criminal Code s 13.3(3))","Constitutional constraint on acquisition of property that limits application in some cases (s 18A)","Crown‑binding but partial immunity from prosecution generates interpretive complexity about enforcement against Crown authorities (s 6)","Discretion left to Minister to determine area classes and particulars of instruments (specification by class under Legislation Act is contemplated)"],"plain_english_summary":"**What this law does (mechanics)\n\n- Creates two kinds of designated areas: \"low aromatic fuel areas\" and \"fuel control areas\". The Minister may make those designations by legislative instrument after required consultation and only if certain conditions are met (see sections 14–16).\n\n- In a designated low aromatic fuel area, corporations are prohibited from supplying, transporting (for supply) or possessing (for supply) \"regular unleaded petrol\" (see section 8). \"Regular unleaded petrol\" is defined as unleaded petrol with a research octane number under 95 that is not the Act's defined \"low aromatic fuel\" (Dictionary, s 5). The offence carries a maximum penalty of 300 penalty units (s 8).\n\n- The Minister may make legislative instruments that impose detailed requirements about: the supply/transport/possession/storage of low aromatic fuel (s 9, penalty for contravention 100 penalty units under s 10); and more generally the supply/transport/possession/storage of any fuel in relation to designated areas (s 11, penalty for contravention 300 penalty units under s 12). Those instruments can do things like prohibit or restrict supply, require particular containers, require record‑keeping and require certain information be given to the Minister (s 11(2)). The Minister must be satisfied the determination will further the object of the Act before making it (ss 9(3), 11(5)).\n\n- The Minister can grant written exemptions from the Part 2 requirements in defined circumstances (s 17). Exemptions may be tailored to particular corporations or areas. Some exemptions are legislative instruments if they apply by class (s 17(4)–(5)). Exemptions are subject to conditions (s 17(3)).\n\n- Consultation and information obligations are built into both the designation process (s 16) and the process for making fuel‑related determinations (s 13): the Minister must consult community representatives, Aboriginal and Torres Strait Islander representatives, manufacturers/suppliers and health experts as appropriate, and must ensure notice and a reasonable opportunity to make submissions (ss 13(1)–(2), 16(1)–(2)).\n\n- The Act binds the Crown but does not make the Crown liable to prosecution for an offence (s 6). It does not intend to displace State or Territory laws that can operate alongside it (s 7). It also contains a safeguard that the Act (and instruments under it) does not apply to the extent they would effect an acquisition of property other than on just terms (s 18A).\n\nOfficial purpose claim and how the law aims to achieve it\n\n- The stated object is to enable special measures to reduce potential harm to the health of people (including Aboriginal and Torres Strait Islander persons) living in certain areas from sniffing fuel (s 4). Mechanically, the Act pursues that object by: (a) substituting the retail/wholesale availability of ordinary low‑octane unleaded petrol in designated areas with \"low aromatic fuel\" (definition in s 5); (b) giving the Minister powers to set detailed supply, storage and information rules for fuels in those areas (ss 9, 11); and (c) creating criminal penalties for corporations that do not comply (ss 8, 10, 12).\n\nPractical effects, incentives and who pays (concise analyst's note)\n\n- Who decides: the Commonwealth Minister has broad delegated rule‑making and designation power (ss 9, 11, 14–15). Many important details are left to legislative instruments or written exemptions. The Minister's decision‑making includes specified mandatory considerations (e.g. wellbeing of local people at ss 11(6), 14(3), 15(3)) and consultation obligations (ss 13, 16).\n\n- Who bears costs: primarily corporations involved in the fuel supply chain (manufacturers, importers, distributors, retailers). They face:\n - compliance costs (switching product supplied in a designated area to low aromatic fuel, record keeping, new packaging or storage requirements, reporting to the Minister under s 11(2)(f)–(g));\n - potential logistical and inventory costs if special fuel must be held separately; and\n - enforcement risk and financial penalties (100 or 300 penalty units depending on the breach: ss 10, 12, 8).\n\n- Effects on markets and private choice: the Act limits what products may be supplied in designated areas (s 8) and gives the Minister power to require particular containers or supplier verification (s 11(2)(b)–(e)). That can raise costs for suppliers and potentially for consumers in those areas (higher retail prices, limited product choice). If low aromatic fuel is not available, the Minister can create exemptions where necessary (s 17(1)(b)(ii)).\n\n- Concentrated benefits and diffuse costs: benefits (reduced access to sniffable fuels) concentrate on residents of designated areas; costs concentrate on fuel suppliers and transporters operating into those areas and diffusely on area consumers if prices or availability change.\n\n- Compliance and implementation risks: a successful policy depends on reliable supply chains for the specified low aromatic fuel, clear determinations by the Minister, and effective monitoring/enforcement. The Act gives the Minister discretion to set detailed rules by instrument (ss 9, 11) and to exempt where special circumstances exist (s 17). That discretion creates implementation risk where instruments are delayed, unclear or difficult to enforce. The Act requires consultation but leaves the content of instruments flexible (ss 13, 16).\n\nLegal constraints and safeguards\n\n- The Act limits Ministerial action by statutory conditions for designation (ss 14(2)–(3), 15(2)–(3)) and consultation duties (ss 13, 16). It also contains a review timetable (every five years — s 18) and a constitutional protection for property acquisition (s 18A).\n\nNotes on enforcement burdens and evidential matters\n\n- Offences target corporations (definition in s 5) and include an evidential burden note indicating a defendant bears an evidential burden about an exception in relevant subsections (see notes in s 8 and references to Criminal Code subsection 13.3(3)).\n\nKey sections cited: Dictionary and object (s 4–5), offences and penalties (s 8, s 10, s 12), Ministerial rule‑making (s 9, s 11), designation and consultation (s 14–16), exemptions (s 17), review (s 18), acquisition safeguard (s 18A), Crown (s 6), State law relationship (s 7)."},"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act's scope is consistent with its stated object. It focuses squarely on controlling fuel supply in designated areas to reduce petrol sniffing harm, particularly in remote Indigenous communities. The two-area framework (low aromatic fuel areas and fuel control areas) and the Ministerial instrument-making powers are a logical and proportionate extension of that core purpose. There is no evidence of scope creep beyond the original intent."},"complexity_factors":["Two overlapping area designation categories (low aromatic fuel areas vs fuel control areas) with different legal consequences that interact with each other","Significant Ministerial discretion through legislative instruments (legally binding rules made by the Minister without going back to Parliament) that can change the detailed requirements over time — meaning the full legal picture is never entirely in the Act itself","Constitutional underpinning: the Act only applies to 'corporations' as defined under section 51(xx) of the Constitution (the corporations power), creating a gap in coverage for non-corporate fuel suppliers","Multiple layers of offence provisions across three divisions, each with different penalty levels (100 vs 300 penalty units) and slightly different exemption mechanisms","Distinction between exemptions that are legislative instruments (publicly registered, reviewable) and those that are not, depending on whether they apply to specific named corporations or classes","Interaction with State and Territory laws and the requirement that the Minister assess whether those jurisdictions have already acted before designating an area","The Act operates as a framework statute — many critical operational details are left to subordinate instruments made by the Minister, meaning you must read multiple documents to understand the full effect","Evidential burden (the obligation to prove a defence) sits with the defendant corporation, which is a notable departure from the usual presumption of innocence"],"plain_english_summary":"The Low Aromatic Fuel Act 2013 is a public‑health law that prevents petrol sniffing in designated remote areas by requiring sale and supply of low‑aromatic petrol instead of regular unleaded. It primarily regulates fuel companies and businesses (not individuals), restricting sale, transport and storage and imposing penalties and compliance rules.\n\nThe Minister declares areas after consultation, can set additional controls or exemptions for companies, and the law is subject to a mandatory review every five years."}},"importantCases":[],"_links":{"self":"/api/acts/low-aromatic-fuel-act-2013","history":"/api/acts/low-aromatic-fuel-act-2013/history","analysis":"/api/acts/low-aromatic-fuel-act-2013/analysis","conflicts":"/api/acts/low-aromatic-fuel-act-2013/conflicts","importantCases":"/api/acts/low-aromatic-fuel-act-2013/important-cases","documents":"/api/acts/low-aromatic-fuel-act-2013/documents"}}