{"id":"C2017A00090","name":"Petroleum and Other Fuels Reporting Act 2017","slug":"petroleum-and-other-fuels-reporting-act-2017","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"90 of 2017","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":8592,"registerId":"commonwealth-C2017A00090-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 is the Petroleum and Other Fuels Reporting Act 2017.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this Act

The day after this Act receives the Royal Assent.

24 August 2017

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Objects of this Act","content":"#### 3 Objects of this Act\n\n The objects of this Act are the following:\n (a) to assist the Commonwealth to monitor fuel security to aid the Commonwealth to develop policy relating to the prevention of, preparation for, or management of, fuel supply disruptions or potential disruptions;\n (b) to assist the Commonwealth to give effect to Australia’s obligations under the Agreement, or under any other international agreement to which Australia is a party relating to:\n (i) international energy security; or\n (ii) the reporting of data relating to petroleum, other fuels or fuel‑related products;\n (c) to facilitate the publication of information relating to Australia’s petroleum and other fuel markets;\n (d) to support the implementation of the Fuel Security Act 2021.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Simplified outline of this Act","content":"#### 4 Simplified outline of this Act\n\nThis Act requires the reporting of certain information relating to fuels and fuel‑related products.\n\nThe Secretary may collect information relating to fuels and fuel‑related products. The Secretary may publish such information, unless the information is likely to enable the identification of a person or is commercial‑in‑confidence.\n\nThere are protections for sensitive information.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n (1) In this Act:\n\n> affected: see subsection 13C(2).\n\n> Agreement means the Agreement on an International Energy Program, done at Paris on 18 November 1974.\n\n> Note: The Agreement is in Australian Treaty Series 1979 No. 7 (\\[1979\\] ATS 7) and could in 2017 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> civil penalty provision has the same meaning as in the Regulatory Powers Act.\n\n> commercial‑in‑confidence has the meaning given by section 6.\n\n> constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.\n\n> constitutional trade and commerce means the following:\n\n (a) trade or commerce between Australia and places outside Australia;\n (b) trade or commerce among the States;\n (c) trade or commerce within a Territory, between a State and a Territory or between 2 Territories.\n\n> covered activity means:\n\n (a) producing a covered product; or\n (b) refining a covered product; or\n (c) wholesaling a covered product; or\n (d) holding stock of a covered product; or\n (e) importing a covered product; or\n (f) exporting a covered product; or\n (g) any other activity, in relation to a covered product, prescribed by the rules for the purposes of this paragraph.\n\n> covered product means:\n\n (a) crude oil; or\n (b) condensate; or\n (c) liquefied petroleum gas; or\n (d) natural gas liquid; or\n (e) gasoline; or\n (f) diesel; or\n (g) kerosene; or\n (h) fuel oil; or\n (i) heating oil; or\n (j) naphtha; or\n (k) compressed natural gas; or\n (l) liquefied natural gas; or\n (m) an oil, lubricant or grease; or\n (n) paraffin wax; or\n (o) a petroleum‑based solvent; or\n (p) petroleum coke; or\n (q) bitumen; or\n (r) biofuel; or\n (s) hydrogen; or\n (t) any other fuel prescribed by the rules for the purposes of this paragraph; or\n (u) any other fuel‑related product prescribed by the rules for the purposes of this paragraph.\n\n> entrusted person means:\n\n (a) the Secretary; or\n (b) an APS employee in the Department; or\n (c) any other person employed or engaged by the Department.\n\n> fuel means any product that produces energy through a chemical reaction.\n\n> Note: Examples of a fuel include petroleum, hydrogen and biofuel.\n\n> fuel information means:\n\n (a) any raw data, or any value added information product, that relates to:\n (i) covered activities; or\n (ii) the quantity, quality or characteristics of covered products; or\n (iii) the holding (within the meaning of section 19 of the Fuel Security Act 2021) of stocks of covered products that are MSO products (within the meaning of that Act); or\n (b) any metadata that describes data of a kind referred to in paragraph (a);\n and includes contextual information relating to covered products (such as the location, control and ownership of covered products).\n\n> fuel‑related product means a product that is not a fuel, but:\n\n (a) is derived from a fuel; or\n (b) is an input into or an output from the production or refining of a fuel.\n\n> holding stock of a covered product means:\n\n (a) keeping a covered product in storage (whether on land or at sea), but does not include:\n (i) storing a covered product in a service station, retail store, personal vehicle, road tanker, rail tank car or pipeline; or\n (ii) keeping a covered product wholly or principally for private or domestic use; or\n (b) holding, in circumstances prescribed by the rules for the purposes of this paragraph, a contractual right to take possession of a covered product.\n\n> Note: See also subsection (4).\n\n> international energy security body means a body established under:\n\n (a) the Agreement; or\n (b) any other agreement with one or more countries, to which Australia is a party, relating to:\n (i) international energy security; or\n (ii) the reporting of data relating to petroleum, other fuels or fuel‑related products.\n\n> offence against this Act includes an offence against Chapter 7 of the Criminal Code that relates to this Act.\n\n> offshore area, in relation to a State or Territory, has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2006.\n\n> person has a meaning affected by section 38.\n\n> personal information has the same meaning as in the Privacy Act 1988.\n\n> producing a covered product means recovering a covered product through a process of extraction or otherwise creating a covered product, but does not include refining a covered product.\n\n> protected information means fuel information that is personal information, or fuel information that is commercial‑in‑confidence, that:\n\n (a) is obtained under, or in accordance with, this Act, the Fuel Security Act 2021, section 95ZPA of the Competition and Consumer Act 2010 or subsection 355‑65(8) in Schedule 1 to the Taxation Administration Act 1953; or\n (b) is derived from a record of personal information, or information that is commercial‑in‑confidence, that was made under, or in accordance with, this Act, the Fuel Security Act 2021 or a provision referred to in paragraph (a); or\n (c) is derived from a disclosure or use of personal information, or information that is commercial‑in‑confidence, that was made under, or in accordance with, this Act, the Fuel Security Act 2021 or a provision referred to in paragraph (a).\n\n> Note: For the meaning of commercial‑in‑confidence, see section 6.\n\n> refining a covered product means transforming a covered product into another covered product, or recycling or re‑refining a covered product.\n\n> regulated entity means:\n\n (a) a constitutional corporation; or\n (b) a trust, all of the trustees of which are constitutional corporations; or\n (c) a body corporate that is incorporated in a Territory; or\n (d) a body corporate that is taken to be registered in a Territory under section 119A of the Corporations Act 2001; or\n (e) a trust, if the proper law of the trust and the law of the trust’s administration are the law of a Territory; or\n (f) an entity, the core or routine activities of which are carried out in or in connection with a Territory.\n\n> Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.\n\n> rules means rules made under section 41.\n\n> Secretary means the Secretary of the Department.\n\n> statistical fuel information means fuel information that is statistical information.\n\n> wholesaling a covered product means:\n\n (a) entering a covered product for home consumption (within the meaning of the Customs Act 1901 or the Excise Act 1901); or\n (b) if a covered product is not subject to duty of excise or duty of customs—removing the covered product from an import terminal or domestic production facilities (such as a refinery); or\n (c) if another activity is prescribed by the rules for the purposes of this paragraph for a kind of covered product—undertaking that activity in relation to the kind of product.\n (2) The rules must not prescribe a fuel for the purposes of paragraph (t) of the definition of covered product in subsection (1) unless the Minister is satisfied that prescribing the fuel will promote the objects of this Act.\n (3) The rules must not prescribe a fuel‑related product for the purposes of paragraph (u) of the definition of covered product in subsection (1) unless the Minister is satisfied that prescribing the product will assist the Commonwealth to give effect to Australia’s obligations, relating to the reporting of data relating to petroleum, other fuels or fuel‑related products, under:\n (a) the Agreement; or\n (b) any other agreement with one or more countries.\n (4) A person is taken to be holding stock of a covered product that is an MSO product within the meaning of the Fuel Security Act 2021 if the person holds stocks of that product within the meaning of section 19 of that Act.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Meaning of commercial‑in‑confidence","content":"#### 6 Meaning of commercial‑in‑confidence\n\n Information is commercial‑in‑confidence if the Secretary is satisfied that:\n (a) release of the information would cause competitive detriment to a person; and\n (b) the information is not in the public domain; and\n (c) the information is not required to be disclosed under another law of the Commonwealth, a State or a Territory; and\n (d) the information is not readily discoverable.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Act binds the Crown","content":"#### 7 Act binds the 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:\n (a) prosecuted for an offence; or\n (b) subject to civil proceedings for a civil penalty order under Part 4 of the Regulatory Powers Act; or\n (c) given an infringement notice under Part 5 of the Regulatory Powers Act.","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Offshore areas","content":"#### 8 Offshore areas\n\n (1) This Act applies in relation to the offshore areas in respect of the States and Territories as if references in this Act to Australia, when used in a geographical sense, included references to the offshore areas in respect of the States and Territories.\n (2) The extended application given to this Act by subsection (1) extends only in relation to:\n (a) acts, matters and things directly or indirectly connected with exploration of, or exploitation of the natural resources of, the continental shelf of Australia; and\n (b) acts done by or in relation to, and matters, circumstances and things affecting, a person who is in an offshore area for a reason directly or indirectly connected with such exploration or exploitation.","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Concurrent operation of State and Territory laws","content":"#### 9 Concurrent operation of State and Territory laws\n\n This Act does not exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act.","sortOrder":9},{"sectionNumber":"Part 2","sectionType":"part","heading":"Reports of fuel information and information‑gathering powers","content":"An Act to provide for the reporting and dissemination of information relating to petroleum, other fuels and fuel‑related products, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act is the Petroleum and Other Fuels Reporting Act 2017.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this Act

The day after this Act receives the Royal Assent.

24 August 2017

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n#### 3 Objects of this Act\n\n The objects of this Act are the following:\n (a) to assist the Commonwealth to monitor fuel security to aid the Commonwealth to develop policy relating to the prevention of, preparation for, or management of, fuel supply disruptions or potential disruptions;\n (b) to assist the Commonwealth to give effect to Australia’s obligations under the Agreement, or under any other international agreement to which Australia is a party relating to:\n (i) international energy security; or\n (ii) the reporting of data relating to petroleum, other fuels or fuel‑related products;\n (c) to facilitate the publication of information relating to Australia’s petroleum and other fuel markets;\n (d) to support the implementation of the Fuel Security Act 2021.\n\n#### 4 Simplified outline of this Act\n\nThis Act requires the reporting of certain information relating to fuels and fuel‑related products.\n\nThe Secretary may collect information relating to fuels and fuel‑related products. The Secretary may publish such information, unless the information is likely to enable the identification of a person or is commercial‑in‑confidence.\n\nThere are protections for sensitive information.\n\n#### 5 Definitions\n\n (1) In this Act:\n\n> affected: see subsection 13C(2).\n\n> Agreement means the Agreement on an International Energy Program, done at Paris on 18 November 1974.\n\n> Note: The Agreement is in Australian Treaty Series 1979 No. 7 (\\[1979\\] ATS 7) and could in 2017 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> civil penalty provision has the same meaning as in the Regulatory Powers Act.\n\n> commercial‑in‑confidence has the meaning given by section 6.\n\n> constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.\n\n> constitutional trade and commerce means the following:\n\n (a) trade or commerce between Australia and places outside Australia;\n (b) trade or commerce among the States;\n (c) trade or commerce within a Territory, between a State and a Territory or between 2 Territories.\n\n> covered activity means:\n\n (a) producing a covered product; or\n (b) refining a covered product; or\n (c) wholesaling a covered product; or\n (d) holding stock of a covered product; or\n (e) importing a covered product; or\n (f) exporting a covered product; or\n (g) any other activity, in relation to a covered product, prescribed by the rules for the purposes of this paragraph.\n\n> covered product means:\n\n (a) crude oil; or\n (b) condensate; or\n (c) liquefied petroleum gas; or\n (d) natural gas liquid; or\n (e) gasoline; or\n (f) diesel; or\n (g) kerosene; or\n (h) fuel oil; or\n (i) heating oil; or\n (j) naphtha; or\n (k) compressed natural gas; or\n (l) liquefied natural gas; or\n (m) an oil, lubricant or grease; or\n (n) paraffin wax; or\n (o) a petroleum‑based solvent; or\n (p) petroleum coke; or\n (q) bitumen; or\n (r) biofuel; or\n (s) hydrogen; or\n (t) any other fuel prescribed by the rules for the purposes of this paragraph; or\n (u) any other fuel‑related product prescribed by the rules for the purposes of this paragraph.\n\n> entrusted person means:\n\n (a) the Secretary; or\n (b) an APS employee in the Department; or\n (c) any other person employed or engaged by the Department.\n\n> fuel means any product that produces energy through a chemical reaction.\n\n> Note: Examples of a fuel include petroleum, hydrogen and biofuel.\n\n> fuel information means:\n\n (a) any raw data, or any value added information product, that relates to:\n (i) covered activities; or\n (ii) the quantity, quality or characteristics of covered products; or\n (iii) the holding (within the meaning of section 19 of the Fuel Security Act 2021) of stocks of covered products that are MSO products (within the meaning of that Act); or\n (b) any metadata that describes data of a kind referred to in paragraph (a);\n and includes contextual information relating to covered products (such as the location, control and ownership of covered products).\n\n> fuel‑related product means a product that is not a fuel, but:\n\n (a) is derived from a fuel; or\n (b) is an input into or an output from the production or refining of a fuel.\n\n> holding stock of a covered product means:\n\n (a) keeping a covered product in storage (whether on land or at sea), but does not include:\n (i) storing a covered product in a service station, retail store, personal vehicle, road tanker, rail tank car or pipeline; or\n (ii) keeping a covered product wholly or principally for private or domestic use; or\n (b) holding, in circumstances prescribed by the rules for the purposes of this paragraph, a contractual right to take possession of a covered product.\n\n> Note: See also subsection (4).\n\n> international energy security body means a body established under:\n\n (a) the Agreement; or\n (b) any other agreement with one or more countries, to which Australia is a party, relating to:\n (i) international energy security; or\n (ii) the reporting of data relating to petroleum, other fuels or fuel‑related products.\n\n> offence against this Act includes an offence against Chapter 7 of the Criminal Code that relates to this Act.\n\n> offshore area, in relation to a State or Territory, has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2006.\n\n> person has a meaning affected by section 38.\n\n> personal information has the same meaning as in the Privacy Act 1988.\n\n> producing a covered product means recovering a covered product through a process of extraction or otherwise creating a covered product, but does not include refining a covered product.\n\n> protected information means fuel information that is personal information, or fuel information that is commercial‑in‑confidence, that:\n\n (a) is obtained under, or in accordance with, this Act, the Fuel Security Act 2021, section 95ZPA of the Competition and Consumer Act 2010 or subsection 355‑65(8) in Schedule 1 to the Taxation Administration Act 1953; or\n (b) is derived from a record of personal information, or information that is commercial‑in‑confidence, that was made under, or in accordance with, this Act, the Fuel Security Act 2021 or a provision referred to in paragraph (a); or\n (c) is derived from a disclosure or use of personal information, or information that is commercial‑in‑confidence, that was made under, or in accordance with, this Act, the Fuel Security Act 2021 or a provision referred to in paragraph (a).\n\n> Note: For the meaning of commercial‑in‑confidence, see section 6.\n\n> refining a covered product means transforming a covered product into another covered product, or recycling or re‑refining a covered product.\n\n> regulated entity means:\n\n (a) a constitutional corporation; or\n (b) a trust, all of the trustees of which are constitutional corporations; or\n (c) a body corporate that is incorporated in a Territory; or\n (d) a body corporate that is taken to be registered in a Territory under section 119A of the Corporations Act 2001; or\n (e) a trust, if the proper law of the trust and the law of the trust’s administration are the law of a Territory; or\n (f) an entity, the core or routine activities of which are carried out in or in connection with a Territory.\n\n> Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.\n\n> rules means rules made under section 41.\n\n> Secretary means the Secretary of the Department.\n\n> statistical fuel information means fuel information that is statistical information.\n\n> wholesaling a covered product means:\n\n (a) entering a covered product for home consumption (within the meaning of the Customs Act 1901 or the Excise Act 1901); or\n (b) if a covered product is not subject to duty of excise or duty of customs—removing the covered product from an import terminal or domestic production facilities (such as a refinery); or\n (c) if another activity is prescribed by the rules for the purposes of this paragraph for a kind of covered product—undertaking that activity in relation to the kind of product.\n (2) The rules must not prescribe a fuel for the purposes of paragraph (t) of the definition of covered product in subsection (1) unless the Minister is satisfied that prescribing the fuel will promote the objects of this Act.\n (3) The rules must not prescribe a fuel‑related product for the purposes of paragraph (u) of the definition of covered product in subsection (1) unless the Minister is satisfied that prescribing the product will assist the Commonwealth to give effect to Australia’s obligations, relating to the reporting of data relating to petroleum, other fuels or fuel‑related products, under:\n (a) the Agreement; or\n (b) any other agreement with one or more countries.\n (4) A person is taken to be holding stock of a covered product that is an MSO product within the meaning of the Fuel Security Act 2021 if the person holds stocks of that product within the meaning of section 19 of that Act.\n\n#### 6 Meaning of commercial‑in‑confidence\n\n Information is commercial‑in‑confidence if the Secretary is satisfied that:\n (a) release of the information would cause competitive detriment to a person; and\n (b) the information is not in the public domain; and\n (c) the information is not required to be disclosed under another law of the Commonwealth, a State or a Territory; and\n (d) the information is not readily discoverable.\n\n#### 7 Act binds the 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:\n (a) prosecuted for an offence; or\n (b) subject to civil proceedings for a civil penalty order under Part 4 of the Regulatory Powers Act; or\n (c) given an infringement notice under Part 5 of the Regulatory Powers Act.\n\n#### 8 Offshore areas\n\n (1) This Act applies in relation to the offshore areas in respect of the States and Territories as if references in this Act to Australia, when used in a geographical sense, included references to the offshore areas in respect of the States and Territories.\n (2) The extended application given to this Act by subsection (1) extends only in relation to:\n (a) acts, matters and things directly or indirectly connected with exploration of, or exploitation of the natural resources of, the continental shelf of Australia; and\n (b) acts done by or in relation to, and matters, circumstances and things affecting, a person who is in an offshore area for a reason directly or indirectly connected with such exploration or exploitation.\n\n#### 9 Concurrent operation of State and Territory laws\n\n This Act does not exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act.\n\n## Part 2—Reports of fuel information and information‑gathering powers\n\n### Division 1—Introduction\n\n#### 10 Simplified outline of this Part\n\nReports must be given to the Secretary if certain activities (called covered activities) are undertaken in relation to certain fuels and fuel‑related products (called covered products).\n\nThe rules may set out exceptions to the duty to report. The Secretary may determine that a particular person is not required to give a report in particular circumstances.\n\nThe Secretary may request information or documents relating to Australia’s market for covered products if the Secretary reasonably believes there is a disruption to Australia’s fuel supply which significantly impacts Australia’s fuel market.\n\n### Division 2—Reports of fuel information\n\n#### 11 Reports of fuel information to be given to the Secretary\n\n (1) This section applies if:\n (a) a covered activity of a kind prescribed by the rules for the purposes of this subsection is undertaken in relation to a covered product of a kind prescribed by the rules in relation to the covered activity for the purposes of this subsection; and\n (b) the covered activity is undertaken by a regulated entity; and\n (c) the covered activity is undertaken in whichever of the following circumstances is prescribed by the rules in relation to the covered activity:\n (i) in Australia;\n (ii) outside Australia, in connection with business carried on in Australia by the regulated entity;\n (iii) in the Greater Sunrise special regime area (within the meaning of the Seas and Submerged Lands Act 1973), in connection with business carried on in that area by the regulated entity.\n (2) The person prescribed by the rules must give the Secretary a report in accordance with this section.\n\nCivil penalty: 250 penalty units.\n\n (3) To avoid doubt, rules made for the purposes of subsection (2) may prescribe more than one person who must give a report in relation to the same kind of covered activity and the same kind of covered product.\n (4) A report under subsection (2) must:\n (a) include the fuel information, in relation to the covered activity or the covered product, that is prescribed by the rules; and\n (b) be given in the manner and form approved in writing by the Secretary; and\n (c) be given to the Secretary within the period prescribed by the rules.\n\n> Note 1: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.\n\n> Note 2: A person may commit an offence if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code). There is also a civil penalty for persons providing false or misleading information in relation to the Fuel Security Act 2021 (see section 13A of this Act).\n\n (5) Rules made for the purposes of paragraph (4)(a) may prescribe different requirements for:\n (a) different covered activities; or\n (b) different covered products; or\n (c) reports by different persons.\n (6) Without limiting paragraph (4)(b), the Secretary may approve:\n (a) electronic communication as a manner in which a report must be given; or\n (b) more than one manner for giving a report; or\n (c) different forms for different covered activities, different covered products or reports by different persons; or\n (d) a single form for more than one report.\n (7) Rules made for the purposes of paragraph (4)(c) may prescribe different periods for:\n (a) different covered activities; or\n (b) different covered products; or\n (c) reports by different persons.\n (8) Subsections (5), (6) and (7) do not limit subsection 33(3A) of the Acts Interpretation Act 1901.\n (9) A covered activity that is importing or exporting a covered product is taken to be undertaken in Australia for the purposes of subparagraph (1)(c)(i) if:\n (a) for importing—the product is imported to Australia; or\n (b) for exporting—the product is exported from Australia.\n\n#### 12 Extended application of section 11\n\n (1) Without limiting the effect of section 11 apart from this section, section 11 also has effect as provided by this section.\n (2) To avoid doubt, no subsection of this section limits the operation of any other subsection of this section.\n Census and statistics power\n (3) Section 11 also has the effect it would have if:\n (a) each reference in subsection 11(1) to a regulated entity included a reference to a person who is not a regulated entity; and\n (b) the reference in paragraph 11(4)(a) to fuel information were expressly confined to a reference to statistical fuel information.\n External affairs power\n (4) Section 11 also has the effect it would have if:\n (a) each reference in subsection 11(1) to a regulated entity included a reference to a person who is not a regulated entity; and\n (b) the reference in paragraph 11(4)(a) to fuel information were expressly confined to fuel information that is necessary to give effect to Australia’s rights or obligations under:\n (i) the Agreement; or\n (ii) any other agreement with one or more countries.\n (5) Section 11 also has the effect it would have if:\n (a) each reference in subsection 11(1) to a regulated entity included a reference to a person who is not a regulated entity; and\n (b) subparagraph 11(1)(c)(i) were omitted.\n Trade and commerce power\n (6) Section 11 also has the effect it would have if:\n (a) each reference in subsection 11(1) to a regulated entity included a reference to a person who is not a regulated entity; and\n (b) the following paragraph were added at the end of that subsection:\n “; and (d) the covered activity is undertaken in the course of or in relation to constitutional trade and commerce.”.\n\n#### 13 Exceptions to duty to report\n\n Exceptions prescribed by the rules\n (1) Subsection 11(2) does not apply in the circumstances prescribed by the rules.\n\n> Note: A person bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n (2) Without limiting subsection (1), the rules must prescribe that subsection 11(2) does not apply in circumstances relating to a threshold or thresholds prescribed by, or worked out in accordance with, the rules.\n Exemptions by the Secretary\n (3) Subsection 11(2) does not apply to a particular person, in relation to a particular kind of covered activity and a particular kind of covered product, if the Secretary:\n (a) is satisfied that, in all the circumstances, it is not appropriate for that subsection to apply to the person in relation to the covered activity and the covered product; and\n (b) makes a written determination to that effect.\n\n> Note: A person bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n (4) A determination under paragraph (3)(b) is not a legislative instrument.\n\n#### 13A Civil penalty for false or misleading information relating to Fuel Security Act 2021\n\n A person must not, in a report under section 11, provide information that:\n (a) relates to:\n (i) whether a regulated entity that is subject to the minimum stockholding obligation under the Fuel Security Act 2021 is complying with section 7 of that Act; or\n (ii) whether fuel security services payment is payable to a constitutional corporation under the Fuel Security Act 2021; and\n (b) is false or misleading in a material particular, or omits a matter or thing without which the information is misleading in a material particular.\n\nCivil penalty: 300 penalty units.\n\n#### 13B Compliance audits relating to the Fuel Security Act 2021\n\n (1) The rules may make provision in relation to the auditing of compliance with section 11, so far as that section relates to the giving of reports that relate to:\n (a) MSO activities undertaken in relation to MSO products by regulated entities; or\n (b) the refining of FSSP fuels.\n (2) Without limiting subsection (1), rules made for the purposes of that subsection may do any of the following:\n (a) empower the Secretary to require an audit to be conducted;\n (b) prescribe matters to which an audit may relate or be required by the Secretary to relate;\n (c) prescribe persons who are authorised to conduct audits;\n (d) require reports of audits to accompany reports given under section 11 or otherwise be given to the Secretary.\n (3) The following expressions used in subsection (1) have the same meaning as in the Fuel Security Act 2021:\n (a) FSSP fuels;\n (b) MSO activity;\n (c) MSO product;\n (d) regulated entity.\n\n#### 13C Duty to provide reasonable facilities and assistance for audit\n\n (1) A person affected by an audit required to be conducted under rules made for the purposes of subsection 13B(1) must provide the person conducting the audit (the audit team leader), and any person assisting the audit team leader in the conduct of the audit, with all reasonable facilities and assistance necessary for the effective exercise of the audit team leader’s duties in relation to the audit.\n\nCivil penalty: 250 penalty units.\n\n (2) A person is affected by an audit if the person is any of the following:\n (a) the person being audited;\n (b) if the audit relates to compliance with section 11 so far as that section relates to the giving of reports that relate to MSO activities undertaken in relation to MSO products by a regulated entity:\n (i) the regulated entity; or\n (ii) if the regulated entity has an Australian controlling corporation—the Australian controlling corporation; or\n (iii) any entity in possession of stocks of an MSO product that are held (within the meaning of section 19 of the Fuel Security Act 2021) by the regulated entity;\n (c) if the audit relates to compliance with section 11 so far as that section relates to the giving of reports that relate to the refining of FSSP fuels by a constitutional corporation—the constitutional corporation.\n (3) The following expressions used in subsection (2) have the same meaning as in the Fuel Security Act 2021:\n (a) FSSP fuels;\n (b) MSO activity;\n (c) MSO product;\n (d) regulated entity.\n\n#### 13D Duty to comply with requirements in relation to report of audit\n\n (1) A person who is required to give the Secretary a report under section 11 must comply with any rules prescribed for the purposes of subsection 13B(1) requiring a report of an audit to accompany the report under section 11.\n\nCivil penalty: 250 penalty units.\n\n (2) A person who is required by any rules prescribed for the purposes of subsection 13B(1) to give a report of an audit to the Secretary must give the report of the audit to the Secretary in accordance with the rules.\n\nCivil penalty: 250 penalty units.\n\n### Division 3—Information‑gathering powers\n\n#### 13E Secretary may require information or documents\n\n Scope\n (1) This section applies if the Secretary reasonably believes that:\n (a) there is a disruption to Australia’s fuel supply; and\n (b) the disruption has had, is having, or is likely to have, a significant impact on Australia’s fuel market.\n Notice\n (2) The Secretary may give a regulated entity a written notice if the Secretary reasonably believes that the entity has information or documents relevant to the Australian market for a covered product.\n (3) Without limiting subsection (2), information or documents relevant to the Australian market for a covered product include information or documents relating to the following:\n (a) the entity’s orders for any upcoming supply of the product to the market, and the scheduled timeframes for that supply;\n (b) the entity’s orders for any upcoming demand for the product by customers;\n (c) stock levels of the product held by the entity.\n Contents of notice\n (4) The notice may require the entity to do either or both of the following:\n (a) to give information specified in the notice to the Secretary within the period and in the manner specified in the notice;\n (b) to produce documents specified in the notice to the Secretary within the period and in the manner specified in the notice.\n\n> Note 1: For civil penalties for failing to comply with a requirement of a notice or for providing false or misleading information or documents, see sections 13G and 13H.\n\n> Note 2: A person may commit an offence if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code).\n\n (5) The notice must set out the effect of the following provisions:\n (a) section 13G;\n (b) section 13H;\n (c) section 137.1 of the Criminal Code (about an offence for giving false or misleading information);\n (d) section 137.2 of the Criminal Code (about an offence for producing false or misleading documents).\n Minimum period for complying with notice\n (6) A period specified under paragraph (4)(a) or (b):\n (a) must be at least 5 business days after the day the notice is given; and\n (b) may be:\n (i) a single period; or\n (ii) a recurring period.\n\n#### 13F Additional operation of section 13E\n\n (1) In addition to the effect of section 13E, that section also has effect as provided by this section.\n Census and statistics power\n (2) Section 13E also has the effect it would have if:\n (a) a reference to a regulated entity included a reference to a person who is not a regulated entity; and\n (b) a reference to information or documents were expressly confined to statistical information or statistical documents.\n External affairs power\n (3) Section 13E also has the effect it would have if:\n (a) a reference to a regulated entity included a reference to a person who is not a regulated entity; and\n (b) a reference to information or documents were expressly confined to information or documents necessary to give effect to Australia’s rights or obligations under:\n (i) the Agreement; or\n (ii) any other agreement with one or more countries.\n\n#### 13G Civil penalty for failing to comply with notice\n\n Civil penalty\n (1) A person contravenes this subsection if:\n (a) the person is given a notice under section 13E; and\n (b) the person fails to comply with a requirement of the notice.\n\nCivil penalty: 250 penalty units.\n\n (2) Subsection (1) does not apply if the person has a reasonable excuse.\n\n> Note: A person bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Continuing contravention\n (3) If a person contravenes subsection (1) by contravening a requirement mentioned in paragraph 13E(4)(a) or (b), the maximum civil penalty for each day that the contravention continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.\n\n> Note: Subsection (1), as it relates to a contravention of a requirement mentioned in paragraph 13E(4)(a) or (b), is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.\n\n#### 13H Civil penalty for false or misleading information or documents\n\n Civil penalty\n (1) A person contravenes this subsection if:\n (a) the person is given a notice under section 13E; and\n (b) the person gives information or produces a document that is false or misleading in a material particular, or omits a matter or thing without which the information or the document is misleading in a material particular.\n\nCivil penalty: 300 penalty units.\n\n (2) Subsection (1) does not apply if the person has a reasonable excuse.\n\n> Note: A person bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n## Part 3—Collection and publication of fuel information\n\n#### 14 Simplified outline of this Part\n\nThis Part permits the Secretary to collect fuel information.\n\nFuel information is raw data or value added information product that relates to covered activities, or to the quantity, quality or characteristics of covered products, or to the holding (within the meaning of the Fuel Security Act 2021) of certain covered products. Fuel information includes metadata describing such data, and contextual information.\n\nThe Secretary may publish or make available fuel information. The information must not be likely to enable the identification of a person or be commercial‑in‑confidence.\n\n#### 15 Collection of fuel information\n\n The Secretary may collect fuel information.\n\n#### 16 Publication of fuel information\n\n (1) The Secretary may, in such manner as the Secretary thinks appropriate, cause to be published or made available statistical fuel information.\n (2) The Secretary may, in such manner as the Secretary thinks appropriate, cause to be published or made available fuel information that is not statistical fuel information.\n (3) The Secretary must not cause to be published or made available information under this section if the information is:\n (a) likely to enable the identification of a person; or\n (b) commercial‑in‑confidence.\n\n> Note: An entrusted person may make a record of or use protected information for the purpose of the publication or making available of information under this section: see section 22.\n\n#### 17 Severability—publication of fuel information\n\n (1) Without limiting the effect of subsection 16(2) apart from this section, subsection 16(2) also has effect as provided by this section.\n (2) To avoid doubt, no subsection of this section limits the operation of any other subsection of this section.\n (3) Subsection 16(2) also has the effect it would have if that subsection were, by express provision, confined to the communication of information by electronic means.\n (4) Subsection 16(2) also has the effect it would have if the reference in that subsection to fuel information that is not statistical fuel information were, by express provision, confined to information that relates to the affairs of a regulated entity or was obtained from a regulated entity.\n (5) Subsection 16(2) also has the effect it would have if the reference in that subsection to fuel information that is not statistical fuel information were, by express provision, confined to information the publication or making available of which is necessary to give effect to Australia’s rights or obligations under:\n (a) the Agreement; or\n (b) any other agreement with one or more countries.\n (6) Subsection 16(2) also has the effect it would have if the reference in that subsection to fuel information that is not statistical fuel information were, by express provision, confined to information relating to acts or omissions that occur outside Australia.\n (7) Subsection 16(2) also has the effect it would have if the reference in that subsection to fuel information that is not statistical fuel information were, by express provision, confined to information relating to acts or omissions in the course of or in relation to constitutional trade and commerce.\n\n#### 18 Other powers or functions not affected\n\n This Part does not, by implication, limit any other power or function of the Secretary to collect, publish, or otherwise deal with information.\n\n## Part 4—Secrecy and disclosure\n\n### Division 1—Introduction\n\n#### 19 Simplified outline of this Part\n\nThis Part makes it an offence for an entrusted person to record, use or disclose protected information, except in circumstances set out in this Part.\n\nThis Part also authorises certain fuel information to be disclosed to the Secretary.\n\n### Division 2—Secrecy\n\n#### 20 Secrecy\n\n Offence\n (1) A person commits an offence if:\n (a) the person is, or has been, an entrusted person; and\n (b) the person has obtained information in his or her capacity as an entrusted person; and\n (c) the information is protected information; and\n (d) the person:\n (i) makes a record of the information; or\n (ii) uses the information; or\n (iii) discloses the information to another person.\n\nPenalty: Imprisonment for 2 years.\n\n Exceptions\n (2) Subsection (1) does not apply if:\n (a) the conduct is authorised by:\n (i) this Act or another law of the Commonwealth; or\n (ii) a law of a State or Territory prescribed by the rules; or\n (b) the conduct is in compliance with a requirement under:\n (i) this Act or another law of the Commonwealth; or\n (ii) a law of a State or a Territory prescribed by the rules.\n (3) Subsection (1) does not apply if:\n (a) the person makes a record of, discloses or otherwise uses information; and\n (b) the information is commercial‑in‑confidence; and\n (c) the person does not know that the information is commercial‑in‑confidence.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) and (3) (see subsection 13.3(3) of the Criminal Code).\n\n Implied freedom of political communication\n (4) This section does not apply to the extent (if any) that it would infringe any constitutional doctrine of implied freedom of political communication.\n\n#### 21 Exercising powers, or performing functions or duties, as an entrusted person\n\n An entrusted person may make a record of, use or disclose protected information if the record is made, or the information is used or disclosed, in the course of exercising powers, or performing functions or duties, as an entrusted person.\n\n> Note: The powers, functions and duties of entrusted persons are not limited to those conferred or imposed by this Act.\n\n#### 22 Recording and use of protected information in relation to the publication of fuel information\n\n An entrusted person may:\n (a) make a record of protected information; or\n (b) use protected information;\n for the purpose of the publication or making available of fuel information under section 16.\n\n#### 23 Disclosure to the Minister\n\n (1) An entrusted person may:\n (a) disclose protected information to the Minister; and\n (b) make a record of or use protected information for the purpose of disclosing protected information to the Minister.\n (2) An entrusted person may:\n (a) disclose protected information to a person employed by the Minister under the Members of Parliament (Staff) Act 1984; and\n (b) make a record of or use protected information for the purposes of disclosing the information under paragraph (a).\n\n#### 24 Disclosure to certain agencies, bodies or persons\n\n (1) The Secretary may disclose:\n (a) protected information to an agency, body or person referred to in paragraph (2)(a), (b), (c) or (d); or\n (b) protected information that is statistical information to a body referred to in paragraph (2)(e);\n if the Secretary reasonably believes that the information will enable or assist the agency, body or person to exercise its powers, or perform its functions or duties.\n (2) The agencies, bodies and persons to which protected information may be disclosed under this section are the following:\n (a) the Australian Competition and Consumer Commission;\n (b) the Commissioner of Taxation;\n (c) an agency or authority of the Commonwealth prescribed by the rules;\n (d) a State or Territory government, agency or authority prescribed by the rules;\n (e) the International Energy Agency or any other international energy security body prescribed by the rules.\n (3) The Secretary may, in writing, authorise an entrusted person to disclose:\n (a) protected information to an agency, body or person referred to in paragraph (2)(a), (b), (c) or (d); or\n (b) protected information that is statistical information to a body referred to in paragraph (2)(e);\n if the Secretary reasonably believes that the information will enable or assist the agency, body or person to exercise its powers, or perform its functions or duties.\n (4) If an entrusted person is authorised to disclose information under subsection (3), that person may disclose the information.\n (5) An entrusted person may:\n (a) make a record of protected information; or\n (b) use protected information;\n for the purpose of disclosing protected information under subsection (1) or (4).\n Conditions\n (6) The Secretary may, by writing, impose conditions to be complied with in relation to protected information disclosed under subsection (1) or (4), other than information disclosed to the Australian Competition and Consumer Commission.\n (7) A person commits an offence if:\n (a) the person is subject to a condition under subsection (6); and\n (b) the person engages in conduct; and\n (c) the person’s conduct breaches the condition.\n\nPenalty: Imprisonment for 2 years.\n\n (8) An instrument under subsection (6) is not a legislative instrument.\n Protected information disclosed to the Australian Competition and Consumer Commission\n (9) Protected information disclosed under subsection (1) or (4) to the Australian Competition and Consumer Commission is taken, for the purposes of Part VIIA of the Competition and Consumer Act 2010, to be protected information within the meaning of section 95ZP of that Act.\n\n#### 25 Disclosure with consent\n\n An entrusted person may make a record of, use or disclose protected information that relates to the affairs of a person if:\n (a) the person has consented to the recording, use or disclosure; and\n (b) the recording, use or disclosure is in accordance with that consent.\n\n#### 26 Disclosure of publicly available information\n\n An entrusted person may:\n (a) make a record of protected information; or\n (b) use protected information; or\n (c) disclose protected information to another person;\n if the protected information has already been lawfully made available to the public.\n\n#### 27 Disclosure to the person to whom the protected information relates\n\n An entrusted person may disclose protected information to the person to whom the protected information relates.\n\n#### 28 Disclosure to the person from whom the protected information was obtained\n\n An entrusted person may disclose protected information to the person from whom the information was obtained.\n\n#### 29 Disclosure to a court, tribunal etc.\n\n An entrusted person may make a record of, use or disclose protected information, or a document containing protected information:\n (a) for the purposes of proceedings before:\n (i) a court; or\n (ii) a tribunal, authority or person that has the power to require the answering of questions or the production of documents; or\n (b) in accordance with an order of:\n (i) a court; or\n (ii) a tribunal, authority or person that has the power to require the answering of questions or the production of documents.\n\n#### 30 Disclosure for purposes of law enforcement\n\n (1) The Secretary may disclose protected information to an agency referred to in subsection (2), if:\n (a) the Secretary reasonably believes that the disclosure of the information is necessary for:\n (i) the enforcement of the criminal law; or\n (ii) the enforcement of a law imposing a pecuniary penalty; or\n (iii) the protection of the public revenue; and\n (b) the protected information is disclosed for the purposes of that enforcement or protection.\n (2) The agencies to which the Secretary may disclose protected information under this section are:\n (a) a Department, agency or authority of the Commonwealth, a State or a Territory; or\n (b) the Australian Federal Police; or\n (c) the police force or police service of a State or Territory;\n whose functions include that enforcement or protection.\n (3) The Secretary may, in writing, authorise an entrusted person to disclose protected information to an agency referred to in subsection (2), if:\n (a) the Secretary reasonably believes that the disclosure of the information is necessary for:\n (i) the enforcement of the criminal law; or\n (ii) the enforcement of a law imposing a pecuniary penalty; or\n (iii) the protection of the public revenue; and\n (b) the protected information is disclosed for the purposes of that enforcement or protection.\n (4) If a person is authorised to disclose information under subsection (3), that person may disclose the information.\n (5) An entrusted person may:\n (a) make a record of protected information; or\n (b) use protected information;\n for the purpose of disclosing protected information under subsection (1) or (4).\n Conditions\n (6) The Secretary may, by writing, impose conditions to be complied with in relation to protected information disclosed under subsection (1) or (4).\n (7) A person commits an offence if:\n (a) the person is subject to a condition under subsection (6); and\n (b) the person engages in conduct; and\n (c) the person’s conduct breaches the condition.\n\nPenalty: Imprisonment for 2 years.\n\n (8) An instrument under subsection (6) is not a legislative instrument.\n\n### Division 3—Disclosure\n\n#### 31 Disclosure of information to the Secretary\n\n (1) An entrusted person (within the meaning of the Australian Border Force Act 2015) may give:\n (a) the Secretary; or\n (b) an entrusted person (within the meaning of this Act) authorised under subsection (3);\n such Immigration and Border Protection information (within the meaning of the Australian Border Force Act 2015) that is fuel information as the Secretary reasonably believes will enable or assist him or her to perform or exercise any of his or her functions or powers under this Act or the Fuel Security Act 2021.\n (2) The information mentioned in subsection (1) may include personal information.\n (3) The Secretary may, in writing, authorise an entrusted person for the purposes of paragraph (1)(b).\n\n> Note: This section constitutes an authorisation for the purposes of the Privacy Act 1988, paragraph 42(2)(c) of the Australian Border Force Act 2015 and other laws.\n\n## Part 5—Compliance and enforcement\n\n#### 32 Simplified outline of this Part\n\nCivil penalty orders may be sought under Part 4 of the Regulatory Powers Act from a relevant court in relation to contraventions of the requirement in section 11 to give reports to the Secretary and the requirement in section 13E to give information or produce documents.\n\nAn authorised person may enter premises under a warrant or with consent of the occupier and exercise monitoring powers there under Part 2 of the Regulatory Powers Act, for the purposes of determining whether information given in compliance or purported compliance with section 11 is correct.\n\nA person can be given an infringement notice under Part 5 of the Regulatory Powers Act for contravening section 11 or section 13E.\n\nA person who is given an infringement notice can choose to pay an amount as an alternative to having court proceedings brought against the person for the contravention. If the person does not choose to pay the amount, proceedings can be brought against the person for the contravention.\n\n#### 33 Monitoring powers\n\n Information subject to monitoring\n (1) Information given in compliance or purported compliance with section 11 is subject to monitoring under Part 2 of the Regulatory Powers Act.\n\n> Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether the information is correct. It includes powers of entry and inspection.\n\n Related provisions\n (1A) For the purposes of Part 2 of the Regulatory Powers Act, as that Act applies in relation to the information mentioned in subsection (1), each of the following provisions is related to the provision mentioned in subsection (1):\n (a) a civil penalty provision of the Fuel Security Act 2021;\n (b) a civil penalty provision of the Fuel Quality Standards Act 2000;\n (c) an offence provision of the Fuel Quality Standards Act 2000.\n Authorised applicant, authorised person, issuing officer, relevant chief executive and relevant court\n (2) For the purposes of Part 2 of the Regulatory Powers Act, as that Part applies in relation to the information mentioned in subsection (1):\n (b) the Secretary is an authorised applicant; and\n (c) a person appointed under section 34 is an authorised person; and\n (d) a magistrate is an issuing officer; and\n (e) the Secretary is the relevant chief executive; and\n (f) each of the following is a relevant court:\n (i) the Federal Court of Australia;\n (ii) the Federal Circuit and Family Court of Australia (Division 2);\n (iii) a court of a State or Territory that has jurisdiction in relation to the matter.\n Extension to offshore areas\n (3) Part 2 of the Regulatory Powers Act, as that Part applies in relation to information mentioned in subsection (1), extends to each offshore area.\n\n#### 34 Appointment of authorised persons\n\n (1) The Secretary may, in writing, appoint a person who is one of the following as an authorised person for the purposes of this Act:\n (a) an APS employee in the Department;\n (b) a person who is engaged as a consultant or contractor to perform services in relation to this Act.\n (2) The Secretary must not appoint a person as an authorised person unless the Secretary is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an authorised person.\n (3) An authorised person must, in exercising powers as such, comply with any directions of the Secretary.\n (4) If a direction is given under subsection (3) in writing, the direction is not a legislative instrument.\n\n#### 35 Civil penalty provisions\n\n Enforceable civil penalty provisions\n (1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.\n\n> Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.\n\n Authorised applicant and relevant court\n (2) For the purposes of Part 4 of the Regulatory Powers Act:\n (a) the Secretary is an authorised applicant in relation to the civil penalty provisions of this Act; and\n (b) each of the following is a relevant court in relation to the civil penalty provisions of this Act:\n (i) the Federal Court of Australia;\n (ii) the Federal Circuit and Family Court of Australia (Division 2);\n (iii) a court of a State or Territory that has jurisdiction in relation to the matter.\n Extension to offshore areas\n (3) Part 4 of the Regulatory Powers Act, as it applies in relation to the civil penalty provisions mentioned in subsection (1), extends to each offshore area.\n\n#### 36 Infringement notices\n\n Provisions subject to an infringement notice\n (1) A civil penalty provision of this Act is subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n Infringement officer and relevant chief executive\n (2) For the purposes of Part 5 of the Regulatory Powers Act:\n (a) the Secretary is an infringement officer in relation to the provisions mentioned in subsection (1); and\n (b) the Secretary is the relevant chief executive in relation to the provisions mentioned in subsection (1).\n Extension to offshore areas\n (3) Part 5 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), extends to each offshore area.\n\n## Part 6—Miscellaneous\n\n#### 37 Simplified outline of this Part\n\nThis Part deals with other matters, such as delegations, reviews of this Act and rules.\n\n#### 38 Treatment of trusts\n\n (1) This Act applies to a trust as if it were a person, but with the changes set out in this section.\n Trusts with a single trustee\n (2) If the trust has a single trustee:\n (a) an obligation that would otherwise be imposed on the trust by this Act is imposed on the trustee instead; and\n (b) an offence against this Act that would otherwise have been committed by the trust is taken to have been committed by the trustee.\n Trusts with multiple trustees\n (3) If the trust has 2 or more trustees:\n (a) an obligation that would otherwise be imposed on the trust by this Act is imposed on each trustee instead, but may be discharged by any of the trustees; and\n (b) an offence against this Act that would otherwise have been committed by the trust is taken to have been committed by each trustee of the trust, at the time the offence was committed, who:\n (i) did the relevant act or made the relevant omission; or\n (ii) aided, abetted, counselled or procured the relevant act or omission; or\n (iii) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the trustee).\n Contraventions of civil penalty provisions\n (4) This section applies to a contravention of a civil penalty provision in a corresponding way to the way in which it applies to an offence.\n\n#### 39 Delegations\n\n (1) The Secretary may, in writing, delegate any or all of his or her functions or powers under:\n (a) section 6 (about commercial‑in‑confidence information); or\n (b) paragraph 11(4)(b) (about approving manners and forms); or\n (c) subsection 13(3) (about exemptions from the duty to report); or\n (ca) rules made for the purposes of subsection 13B(1) (about compliance audits relating to the Fuel Security Act 2021); or\n (cb) section 13E (about requiring information or documents); or\n (d) section 15 (about collection of fuel information); or\n (e) section 16 (about publication of fuel information); or\n (f) section 34 (about appointment of authorised persons); or\n (g) section 35 of the Regulatory Powers Act as the relevant chief executive to issue identity cards to authorised persons;\n to an SES employee, or an acting SES employee, in the Department.\n\n> Note: SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n (2) In performing a function, or exercising a power, under a delegation, the delegate must comply with any directions of the Secretary.\n\n#### 40 Review of operation of this Act\n\n (1) The Minister must cause an independent review to be conducted of the operation of this Act and the rules.\n (2) Without limiting the matters to be covered by the review, the review must consider the following:\n (a) the definition of fuel information in section 5;\n (b) the definition of covered product in section 5;\n (c) the definition of covered activity in section 5.\n (3) The review must be conducted as soon as practicable after the end of 3 years after this section commences.\n (4) The persons who conduct the review must give the Minister a written report of the review.\n (5) The Minister must cause copies of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.\n\n#### 41 Rules\n\n (1) The Minister may, by legislative instrument, make rules prescribing matters:\n (a) required or permitted by this Act to be prescribed by the rules; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (2) To avoid doubt, the rules may not do the following:\n (a) create an offence or civil penalty;\n (b) provide powers of:\n (i) arrest or detention; or\n (ii) entry, search or seizure;\n (c) impose a tax;\n (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n (e) directly amend the text of this Act.","sortOrder":10},{"sectionNumber":"Division 1","sectionType":"division","heading":"Introduction","content":"An Act to provide for the reporting and dissemination of information relating to petroleum, other fuels and fuel‑related products, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act is the Petroleum and Other Fuels Reporting Act 2017.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this Act

The day after this Act receives the Royal Assent.

24 August 2017

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n#### 3 Objects of this Act\n\n The objects of this Act are the following:\n (a) to assist the Commonwealth to monitor fuel security to aid the Commonwealth to develop policy relating to the prevention of, preparation for, or management of, fuel supply disruptions or potential disruptions;\n (b) to assist the Commonwealth to give effect to Australia’s obligations under the Agreement, or under any other international agreement to which Australia is a party relating to:\n (i) international energy security; or\n (ii) the reporting of data relating to petroleum, other fuels or fuel‑related products;\n (c) to facilitate the publication of information relating to Australia’s petroleum and other fuel markets;\n (d) to support the implementation of the Fuel Security Act 2021.\n\n#### 4 Simplified outline of this Act\n\nThis Act requires the reporting of certain information relating to fuels and fuel‑related products.\n\nThe Secretary may collect information relating to fuels and fuel‑related products. The Secretary may publish such information, unless the information is likely to enable the identification of a person or is commercial‑in‑confidence.\n\nThere are protections for sensitive information.\n\n#### 5 Definitions\n\n (1) In this Act:\n\n> affected: see subsection 13C(2).\n\n> Agreement means the Agreement on an International Energy Program, done at Paris on 18 November 1974.\n\n> Note: The Agreement is in Australian Treaty Series 1979 No. 7 (\\[1979\\] ATS 7) and could in 2017 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> civil penalty provision has the same meaning as in the Regulatory Powers Act.\n\n> commercial‑in‑confidence has the meaning given by section 6.\n\n> constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.\n\n> constitutional trade and commerce means the following:\n\n (a) trade or commerce between Australia and places outside Australia;\n (b) trade or commerce among the States;\n (c) trade or commerce within a Territory, between a State and a Territory or between 2 Territories.\n\n> covered activity means:\n\n (a) producing a covered product; or\n (b) refining a covered product; or\n (c) wholesaling a covered product; or\n (d) holding stock of a covered product; or\n (e) importing a covered product; or\n (f) exporting a covered product; or\n (g) any other activity, in relation to a covered product, prescribed by the rules for the purposes of this paragraph.\n\n> covered product means:\n\n (a) crude oil; or\n (b) condensate; or\n (c) liquefied petroleum gas; or\n (d) natural gas liquid; or\n (e) gasoline; or\n (f) diesel; or\n (g) kerosene; or\n (h) fuel oil; or\n (i) heating oil; or\n (j) naphtha; or\n (k) compressed natural gas; or\n (l) liquefied natural gas; or\n (m) an oil, lubricant or grease; or\n (n) paraffin wax; or\n (o) a petroleum‑based solvent; or\n (p) petroleum coke; or\n (q) bitumen; or\n (r) biofuel; or\n (s) hydrogen; or\n (t) any other fuel prescribed by the rules for the purposes of this paragraph; or\n (u) any other fuel‑related product prescribed by the rules for the purposes of this paragraph.\n\n> entrusted person means:\n\n (a) the Secretary; or\n (b) an APS employee in the Department; or\n (c) any other person employed or engaged by the Department.\n\n> fuel means any product that produces energy through a chemical reaction.\n\n> Note: Examples of a fuel include petroleum, hydrogen and biofuel.\n\n> fuel information means:\n\n (a) any raw data, or any value added information product, that relates to:\n (i) covered activities; or\n (ii) the quantity, quality or characteristics of covered products; or\n (iii) the holding (within the meaning of section 19 of the Fuel Security Act 2021) of stocks of covered products that are MSO products (within the meaning of that Act); or\n (b) any metadata that describes data of a kind referred to in paragraph (a);\n and includes contextual information relating to covered products (such as the location, control and ownership of covered products).\n\n> fuel‑related product means a product that is not a fuel, but:\n\n (a) is derived from a fuel; or\n (b) is an input into or an output from the production or refining of a fuel.\n\n> holding stock of a covered product means:\n\n (a) keeping a covered product in storage (whether on land or at sea), but does not include:\n (i) storing a covered product in a service station, retail store, personal vehicle, road tanker, rail tank car or pipeline; or\n (ii) keeping a covered product wholly or principally for private or domestic use; or\n (b) holding, in circumstances prescribed by the rules for the purposes of this paragraph, a contractual right to take possession of a covered product.\n\n> Note: See also subsection (4).\n\n> international energy security body means a body established under:\n\n (a) the Agreement; or\n (b) any other agreement with one or more countries, to which Australia is a party, relating to:\n (i) international energy security; or\n (ii) the reporting of data relating to petroleum, other fuels or fuel‑related products.\n\n> offence against this Act includes an offence against Chapter 7 of the Criminal Code that relates to this Act.\n\n> offshore area, in relation to a State or Territory, has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2006.\n\n> person has a meaning affected by section 38.\n\n> personal information has the same meaning as in the Privacy Act 1988.\n\n> producing a covered product means recovering a covered product through a process of extraction or otherwise creating a covered product, but does not include refining a covered product.\n\n> protected information means fuel information that is personal information, or fuel information that is commercial‑in‑confidence, that:\n\n (a) is obtained under, or in accordance with, this Act, the Fuel Security Act 2021, section 95ZPA of the Competition and Consumer Act 2010 or subsection 355‑65(8) in Schedule 1 to the Taxation Administration Act 1953; or\n (b) is derived from a record of personal information, or information that is commercial‑in‑confidence, that was made under, or in accordance with, this Act, the Fuel Security Act 2021 or a provision referred to in paragraph (a); or\n (c) is derived from a disclosure or use of personal information, or information that is commercial‑in‑confidence, that was made under, or in accordance with, this Act, the Fuel Security Act 2021 or a provision referred to in paragraph (a).\n\n> Note: For the meaning of commercial‑in‑confidence, see section 6.\n\n> refining a covered product means transforming a covered product into another covered product, or recycling or re‑refining a covered product.\n\n> regulated entity means:\n\n (a) a constitutional corporation; or\n (b) a trust, all of the trustees of which are constitutional corporations; or\n (c) a body corporate that is incorporated in a Territory; or\n (d) a body corporate that is taken to be registered in a Territory under section 119A of the Corporations Act 2001; or\n (e) a trust, if the proper law of the trust and the law of the trust’s administration are the law of a Territory; or\n (f) an entity, the core or routine activities of which are carried out in or in connection with a Territory.\n\n> Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.\n\n> rules means rules made under section 41.\n\n> Secretary means the Secretary of the Department.\n\n> statistical fuel information means fuel information that is statistical information.\n\n> wholesaling a covered product means:\n\n (a) entering a covered product for home consumption (within the meaning of the Customs Act 1901 or the Excise Act 1901); or\n (b) if a covered product is not subject to duty of excise or duty of customs—removing the covered product from an import terminal or domestic production facilities (such as a refinery); or\n (c) if another activity is prescribed by the rules for the purposes of this paragraph for a kind of covered product—undertaking that activity in relation to the kind of product.\n (2) The rules must not prescribe a fuel for the purposes of paragraph (t) of the definition of covered product in subsection (1) unless the Minister is satisfied that prescribing the fuel will promote the objects of this Act.\n (3) The rules must not prescribe a fuel‑related product for the purposes of paragraph (u) of the definition of covered product in subsection (1) unless the Minister is satisfied that prescribing the product will assist the Commonwealth to give effect to Australia’s obligations, relating to the reporting of data relating to petroleum, other fuels or fuel‑related products, under:\n (a) the Agreement; or\n (b) any other agreement with one or more countries.\n (4) A person is taken to be holding stock of a covered product that is an MSO product within the meaning of the Fuel Security Act 2021 if the person holds stocks of that product within the meaning of section 19 of that Act.\n\n#### 6 Meaning of commercial‑in‑confidence\n\n Information is commercial‑in‑confidence if the Secretary is satisfied that:\n (a) release of the information would cause competitive detriment to a person; and\n (b) the information is not in the public domain; and\n (c) the information is not required to be disclosed under another law of the Commonwealth, a State or a Territory; and\n (d) the information is not readily discoverable.\n\n#### 7 Act binds the 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:\n (a) prosecuted for an offence; or\n (b) subject to civil proceedings for a civil penalty order under Part 4 of the Regulatory Powers Act; or\n (c) given an infringement notice under Part 5 of the Regulatory Powers Act.\n\n#### 8 Offshore areas\n\n (1) This Act applies in relation to the offshore areas in respect of the States and Territories as if references in this Act to Australia, when used in a geographical sense, included references to the offshore areas in respect of the States and Territories.\n (2) The extended application given to this Act by subsection (1) extends only in relation to:\n (a) acts, matters and things directly or indirectly connected with exploration of, or exploitation of the natural resources of, the continental shelf of Australia; and\n (b) acts done by or in relation to, and matters, circumstances and things affecting, a person who is in an offshore area for a reason directly or indirectly connected with such exploration or exploitation.\n\n#### 9 Concurrent operation of State and Territory laws\n\n This Act does not exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act.\n\n## Part 2—Reports of fuel information and information‑gathering powers\n\n### Division 1—Introduction\n\n#### 10 Simplified outline of this Part\n\nReports must be given to the Secretary if certain activities (called covered activities) are undertaken in relation to certain fuels and fuel‑related products (called covered products).\n\nThe rules may set out exceptions to the duty to report. The Secretary may determine that a particular person is not required to give a report in particular circumstances.\n\nThe Secretary may request information or documents relating to Australia’s market for covered products if the Secretary reasonably believes there is a disruption to Australia’s fuel supply which significantly impacts Australia’s fuel market.\n\n### Division 2—Reports of fuel information\n\n#### 11 Reports of fuel information to be given to the Secretary\n\n (1) This section applies if:\n (a) a covered activity of a kind prescribed by the rules for the purposes of this subsection is undertaken in relation to a covered product of a kind prescribed by the rules in relation to the covered activity for the purposes of this subsection; and\n (b) the covered activity is undertaken by a regulated entity; and\n (c) the covered activity is undertaken in whichever of the following circumstances is prescribed by the rules in relation to the covered activity:\n (i) in Australia;\n (ii) outside Australia, in connection with business carried on in Australia by the regulated entity;\n (iii) in the Greater Sunrise special regime area (within the meaning of the Seas and Submerged Lands Act 1973), in connection with business carried on in that area by the regulated entity.\n (2) The person prescribed by the rules must give the Secretary a report in accordance with this section.\n\nCivil penalty: 250 penalty units.\n\n (3) To avoid doubt, rules made for the purposes of subsection (2) may prescribe more than one person who must give a report in relation to the same kind of covered activity and the same kind of covered product.\n (4) A report under subsection (2) must:\n (a) include the fuel information, in relation to the covered activity or the covered product, that is prescribed by the rules; and\n (b) be given in the manner and form approved in writing by the Secretary; and\n (c) be given to the Secretary within the period prescribed by the rules.\n\n> Note 1: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.\n\n> Note 2: A person may commit an offence if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code). There is also a civil penalty for persons providing false or misleading information in relation to the Fuel Security Act 2021 (see section 13A of this Act).\n\n (5) Rules made for the purposes of paragraph (4)(a) may prescribe different requirements for:\n (a) different covered activities; or\n (b) different covered products; or\n (c) reports by different persons.\n (6) Without limiting paragraph (4)(b), the Secretary may approve:\n (a) electronic communication as a manner in which a report must be given; or\n (b) more than one manner for giving a report; or\n (c) different forms for different covered activities, different covered products or reports by different persons; or\n (d) a single form for more than one report.\n (7) Rules made for the purposes of paragraph (4)(c) may prescribe different periods for:\n (a) different covered activities; or\n (b) different covered products; or\n (c) reports by different persons.\n (8) Subsections (5), (6) and (7) do not limit subsection 33(3A) of the Acts Interpretation Act 1901.\n (9) A covered activity that is importing or exporting a covered product is taken to be undertaken in Australia for the purposes of subparagraph (1)(c)(i) if:\n (a) for importing—the product is imported to Australia; or\n (b) for exporting—the product is exported from Australia.\n\n#### 12 Extended application of section 11\n\n (1) Without limiting the effect of section 11 apart from this section, section 11 also has effect as provided by this section.\n (2) To avoid doubt, no subsection of this section limits the operation of any other subsection of this section.\n Census and statistics power\n (3) Section 11 also has the effect it would have if:\n (a) each reference in subsection 11(1) to a regulated entity included a reference to a person who is not a regulated entity; and\n (b) the reference in paragraph 11(4)(a) to fuel information were expressly confined to a reference to statistical fuel information.\n External affairs power\n (4) Section 11 also has the effect it would have if:\n (a) each reference in subsection 11(1) to a regulated entity included a reference to a person who is not a regulated entity; and\n (b) the reference in paragraph 11(4)(a) to fuel information were expressly confined to fuel information that is necessary to give effect to Australia’s rights or obligations under:\n (i) the Agreement; or\n (ii) any other agreement with one or more countries.\n (5) Section 11 also has the effect it would have if:\n (a) each reference in subsection 11(1) to a regulated entity included a reference to a person who is not a regulated entity; and\n (b) subparagraph 11(1)(c)(i) were omitted.\n Trade and commerce power\n (6) Section 11 also has the effect it would have if:\n (a) each reference in subsection 11(1) to a regulated entity included a reference to a person who is not a regulated entity; and\n (b) the following paragraph were added at the end of that subsection:\n “; and (d) the covered activity is undertaken in the course of or in relation to constitutional trade and commerce.”.\n\n#### 13 Exceptions to duty to report\n\n Exceptions prescribed by the rules\n (1) Subsection 11(2) does not apply in the circumstances prescribed by the rules.\n\n> Note: A person bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n (2) Without limiting subsection (1), the rules must prescribe that subsection 11(2) does not apply in circumstances relating to a threshold or thresholds prescribed by, or worked out in accordance with, the rules.\n Exemptions by the Secretary\n (3) Subsection 11(2) does not apply to a particular person, in relation to a particular kind of covered activity and a particular kind of covered product, if the Secretary:\n (a) is satisfied that, in all the circumstances, it is not appropriate for that subsection to apply to the person in relation to the covered activity and the covered product; and\n (b) makes a written determination to that effect.\n\n> Note: A person bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n (4) A determination under paragraph (3)(b) is not a legislative instrument.\n\n#### 13A Civil penalty for false or misleading information relating to Fuel Security Act 2021\n\n A person must not, in a report under section 11, provide information that:\n (a) relates to:\n (i) whether a regulated entity that is subject to the minimum stockholding obligation under the Fuel Security Act 2021 is complying with section 7 of that Act; or\n (ii) whether fuel security services payment is payable to a constitutional corporation under the Fuel Security Act 2021; and\n (b) is false or misleading in a material particular, or omits a matter or thing without which the information is misleading in a material particular.\n\nCivil penalty: 300 penalty units.\n\n#### 13B Compliance audits relating to the Fuel Security Act 2021\n\n (1) The rules may make provision in relation to the auditing of compliance with section 11, so far as that section relates to the giving of reports that relate to:\n (a) MSO activities undertaken in relation to MSO products by regulated entities; or\n (b) the refining of FSSP fuels.\n (2) Without limiting subsection (1), rules made for the purposes of that subsection may do any of the following:\n (a) empower the Secretary to require an audit to be conducted;\n (b) prescribe matters to which an audit may relate or be required by the Secretary to relate;\n (c) prescribe persons who are authorised to conduct audits;\n (d) require reports of audits to accompany reports given under section 11 or otherwise be given to the Secretary.\n (3) The following expressions used in subsection (1) have the same meaning as in the Fuel Security Act 2021:\n (a) FSSP fuels;\n (b) MSO activity;\n (c) MSO product;\n (d) regulated entity.\n\n#### 13C Duty to provide reasonable facilities and assistance for audit\n\n (1) A person affected by an audit required to be conducted under rules made for the purposes of subsection 13B(1) must provide the person conducting the audit (the audit team leader), and any person assisting the audit team leader in the conduct of the audit, with all reasonable facilities and assistance necessary for the effective exercise of the audit team leader’s duties in relation to the audit.\n\nCivil penalty: 250 penalty units.\n\n (2) A person is affected by an audit if the person is any of the following:\n (a) the person being audited;\n (b) if the audit relates to compliance with section 11 so far as that section relates to the giving of reports that relate to MSO activities undertaken in relation to MSO products by a regulated entity:\n (i) the regulated entity; or\n (ii) if the regulated entity has an Australian controlling corporation—the Australian controlling corporation; or\n (iii) any entity in possession of stocks of an MSO product that are held (within the meaning of section 19 of the Fuel Security Act 2021) by the regulated entity;\n (c) if the audit relates to compliance with section 11 so far as that section relates to the giving of reports that relate to the refining of FSSP fuels by a constitutional corporation—the constitutional corporation.\n (3) The following expressions used in subsection (2) have the same meaning as in the Fuel Security Act 2021:\n (a) FSSP fuels;\n (b) MSO activity;\n (c) MSO product;\n (d) regulated entity.\n\n#### 13D Duty to comply with requirements in relation to report of audit\n\n (1) A person who is required to give the Secretary a report under section 11 must comply with any rules prescribed for the purposes of subsection 13B(1) requiring a report of an audit to accompany the report under section 11.\n\nCivil penalty: 250 penalty units.\n\n (2) A person who is required by any rules prescribed for the purposes of subsection 13B(1) to give a report of an audit to the Secretary must give the report of the audit to the Secretary in accordance with the rules.\n\nCivil penalty: 250 penalty units.\n\n### Division 3—Information‑gathering powers\n\n#### 13E Secretary may require information or documents\n\n Scope\n (1) This section applies if the Secretary reasonably believes that:\n (a) there is a disruption to Australia’s fuel supply; and\n (b) the disruption has had, is having, or is likely to have, a significant impact on Australia’s fuel market.\n Notice\n (2) The Secretary may give a regulated entity a written notice if the Secretary reasonably believes that the entity has information or documents relevant to the Australian market for a covered product.\n (3) Without limiting subsection (2), information or documents relevant to the Australian market for a covered product include information or documents relating to the following:\n (a) the entity’s orders for any upcoming supply of the product to the market, and the scheduled timeframes for that supply;\n (b) the entity’s orders for any upcoming demand for the product by customers;\n (c) stock levels of the product held by the entity.\n Contents of notice\n (4) The notice may require the entity to do either or both of the following:\n (a) to give information specified in the notice to the Secretary within the period and in the manner specified in the notice;\n (b) to produce documents specified in the notice to the Secretary within the period and in the manner specified in the notice.\n\n> Note 1: For civil penalties for failing to comply with a requirement of a notice or for providing false or misleading information or documents, see sections 13G and 13H.\n\n> Note 2: A person may commit an offence if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code).\n\n (5) The notice must set out the effect of the following provisions:\n (a) section 13G;\n (b) section 13H;\n (c) section 137.1 of the Criminal Code (about an offence for giving false or misleading information);\n (d) section 137.2 of the Criminal Code (about an offence for producing false or misleading documents).\n Minimum period for complying with notice\n (6) A period specified under paragraph (4)(a) or (b):\n (a) must be at least 5 business days after the day the notice is given; and\n (b) may be:\n (i) a single period; or\n (ii) a recurring period.\n\n#### 13F Additional operation of section 13E\n\n (1) In addition to the effect of section 13E, that section also has effect as provided by this section.\n Census and statistics power\n (2) Section 13E also has the effect it would have if:\n (a) a reference to a regulated entity included a reference to a person who is not a regulated entity; and\n (b) a reference to information or documents were expressly confined to statistical information or statistical documents.\n External affairs power\n (3) Section 13E also has the effect it would have if:\n (a) a reference to a regulated entity included a reference to a person who is not a regulated entity; and\n (b) a reference to information or documents were expressly confined to information or documents necessary to give effect to Australia’s rights or obligations under:\n (i) the Agreement; or\n (ii) any other agreement with one or more countries.\n\n#### 13G Civil penalty for failing to comply with notice\n\n Civil penalty\n (1) A person contravenes this subsection if:\n (a) the person is given a notice under section 13E; and\n (b) the person fails to comply with a requirement of the notice.\n\nCivil penalty: 250 penalty units.\n\n (2) Subsection (1) does not apply if the person has a reasonable excuse.\n\n> Note: A person bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Continuing contravention\n (3) If a person contravenes subsection (1) by contravening a requirement mentioned in paragraph 13E(4)(a) or (b), the maximum civil penalty for each day that the contravention continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.\n\n> Note: Subsection (1), as it relates to a contravention of a requirement mentioned in paragraph 13E(4)(a) or (b), is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.\n\n#### 13H Civil penalty for false or misleading information or documents\n\n Civil penalty\n (1) A person contravenes this subsection if:\n (a) the person is given a notice under section 13E; and\n (b) the person gives information or produces a document that is false or misleading in a material particular, or omits a matter or thing without which the information or the document is misleading in a material particular.\n\nCivil penalty: 300 penalty units.\n\n (2) Subsection (1) does not apply if the person has a reasonable excuse.\n\n> Note: A person bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n## Part 3—Collection and publication of fuel information\n\n#### 14 Simplified outline of this Part\n\nThis Part permits the Secretary to collect fuel information.\n\nFuel information is raw data or value added information product that relates to covered activities, or to the quantity, quality or characteristics of covered products, or to the holding (within the meaning of the Fuel Security Act 2021) of certain covered products. Fuel information includes metadata describing such data, and contextual information.\n\nThe Secretary may publish or make available fuel information. The information must not be likely to enable the identification of a person or be commercial‑in‑confidence.\n\n#### 15 Collection of fuel information\n\n The Secretary may collect fuel information.\n\n#### 16 Publication of fuel information\n\n (1) The Secretary may, in such manner as the Secretary thinks appropriate, cause to be published or made available statistical fuel information.\n (2) The Secretary may, in such manner as the Secretary thinks appropriate, cause to be published or made available fuel information that is not statistical fuel information.\n (3) The Secretary must not cause to be published or made available information under this section if the information is:\n (a) likely to enable the identification of a person; or\n (b) commercial‑in‑confidence.\n\n> Note: An entrusted person may make a record of or use protected information for the purpose of the publication or making available of information under this section: see section 22.\n\n#### 17 Severability—publication of fuel information\n\n (1) Without limiting the effect of subsection 16(2) apart from this section, subsection 16(2) also has effect as provided by this section.\n (2) To avoid doubt, no subsection of this section limits the operation of any other subsection of this section.\n (3) Subsection 16(2) also has the effect it would have if that subsection were, by express provision, confined to the communication of information by electronic means.\n (4) Subsection 16(2) also has the effect it would have if the reference in that subsection to fuel information that is not statistical fuel information were, by express provision, confined to information that relates to the affairs of a regulated entity or was obtained from a regulated entity.\n (5) Subsection 16(2) also has the effect it would have if the reference in that subsection to fuel information that is not statistical fuel information were, by express provision, confined to information the publication or making available of which is necessary to give effect to Australia’s rights or obligations under:\n (a) the Agreement; or\n (b) any other agreement with one or more countries.\n (6) Subsection 16(2) also has the effect it would have if the reference in that subsection to fuel information that is not statistical fuel information were, by express provision, confined to information relating to acts or omissions that occur outside Australia.\n (7) Subsection 16(2) also has the effect it would have if the reference in that subsection to fuel information that is not statistical fuel information were, by express provision, confined to information relating to acts or omissions in the course of or in relation to constitutional trade and commerce.\n\n#### 18 Other powers or functions not affected\n\n This Part does not, by implication, limit any other power or function of the Secretary to collect, publish, or otherwise deal with information.\n\n## Part 4—Secrecy and disclosure\n\n### Division 1—Introduction\n\n#### 19 Simplified outline of this Part\n\nThis Part makes it an offence for an entrusted person to record, use or disclose protected information, except in circumstances set out in this Part.\n\nThis Part also authorises certain fuel information to be disclosed to the Secretary.\n\n### Division 2—Secrecy\n\n#### 20 Secrecy\n\n Offence\n (1) A person commits an offence if:\n (a) the person is, or has been, an entrusted person; and\n (b) the person has obtained information in his or her capacity as an entrusted person; and\n (c) the information is protected information; and\n (d) the person:\n (i) makes a record of the information; or\n (ii) uses the information; or\n (iii) discloses the information to another person.\n\nPenalty: Imprisonment for 2 years.\n\n Exceptions\n (2) Subsection (1) does not apply if:\n (a) the conduct is authorised by:\n (i) this Act or another law of the Commonwealth; or\n (ii) a law of a State or Territory prescribed by the rules; or\n (b) the conduct is in compliance with a requirement under:\n (i) this Act or another law of the Commonwealth; or\n (ii) a law of a State or a Territory prescribed by the rules.\n (3) Subsection (1) does not apply if:\n (a) the person makes a record of, discloses or otherwise uses information; and\n (b) the information is commercial‑in‑confidence; and\n (c) the person does not know that the information is commercial‑in‑confidence.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) and (3) (see subsection 13.3(3) of the Criminal Code).\n\n Implied freedom of political communication\n (4) This section does not apply to the extent (if any) that it would infringe any constitutional doctrine of implied freedom of political communication.\n\n#### 21 Exercising powers, or performing functions or duties, as an entrusted person\n\n An entrusted person may make a record of, use or disclose protected information if the record is made, or the information is used or disclosed, in the course of exercising powers, or performing functions or duties, as an entrusted person.\n\n> Note: The powers, functions and duties of entrusted persons are not limited to those conferred or imposed by this Act.\n\n#### 22 Recording and use of protected information in relation to the publication of fuel information\n\n An entrusted person may:\n (a) make a record of protected information; or\n (b) use protected information;\n for the purpose of the publication or making available of fuel information under section 16.\n\n#### 23 Disclosure to the Minister\n\n (1) An entrusted person may:\n (a) disclose protected information to the Minister; and\n (b) make a record of or use protected information for the purpose of disclosing protected information to the Minister.\n (2) An entrusted person may:\n (a) disclose protected information to a person employed by the Minister under the Members of Parliament (Staff) Act 1984; and\n (b) make a record of or use protected information for the purposes of disclosing the information under paragraph (a).\n\n#### 24 Disclosure to certain agencies, bodies or persons\n\n (1) The Secretary may disclose:\n (a) protected information to an agency, body or person referred to in paragraph (2)(a), (b), (c) or (d); or\n (b) protected information that is statistical information to a body referred to in paragraph (2)(e);\n if the Secretary reasonably believes that the information will enable or assist the agency, body or person to exercise its powers, or perform its functions or duties.\n (2) The agencies, bodies and persons to which protected information may be disclosed under this section are the following:\n (a) the Australian Competition and Consumer Commission;\n (b) the Commissioner of Taxation;\n (c) an agency or authority of the Commonwealth prescribed by the rules;\n (d) a State or Territory government, agency or authority prescribed by the rules;\n (e) the International Energy Agency or any other international energy security body prescribed by the rules.\n (3) The Secretary may, in writing, authorise an entrusted person to disclose:\n (a) protected information to an agency, body or person referred to in paragraph (2)(a), (b), (c) or (d); or\n (b) protected information that is statistical information to a body referred to in paragraph (2)(e);\n if the Secretary reasonably believes that the information will enable or assist the agency, body or person to exercise its powers, or perform its functions or duties.\n (4) If an entrusted person is authorised to disclose information under subsection (3), that person may disclose the information.\n (5) An entrusted person may:\n (a) make a record of protected information; or\n (b) use protected information;\n for the purpose of disclosing protected information under subsection (1) or (4).\n Conditions\n (6) The Secretary may, by writing, impose conditions to be complied with in relation to protected information disclosed under subsection (1) or (4), other than information disclosed to the Australian Competition and Consumer Commission.\n (7) A person commits an offence if:\n (a) the person is subject to a condition under subsection (6); and\n (b) the person engages in conduct; and\n (c) the person’s conduct breaches the condition.\n\nPenalty: Imprisonment for 2 years.\n\n (8) An instrument under subsection (6) is not a legislative instrument.\n Protected information disclosed to the Australian Competition and Consumer Commission\n (9) Protected information disclosed under subsection (1) or (4) to the Australian Competition and Consumer Commission is taken, for the purposes of Part VIIA of the Competition and Consumer Act 2010, to be protected information within the meaning of section 95ZP of that Act.\n\n#### 25 Disclosure with consent\n\n An entrusted person may make a record of, use or disclose protected information that relates to the affairs of a person if:\n (a) the person has consented to the recording, use or disclosure; and\n (b) the recording, use or disclosure is in accordance with that consent.\n\n#### 26 Disclosure of publicly available information\n\n An entrusted person may:\n (a) make a record of protected information; or\n (b) use protected information; or\n (c) disclose protected information to another person;\n if the protected information has already been lawfully made available to the public.\n\n#### 27 Disclosure to the person to whom the protected information relates\n\n An entrusted person may disclose protected information to the person to whom the protected information relates.\n\n#### 28 Disclosure to the person from whom the protected information was obtained\n\n An entrusted person may disclose protected information to the person from whom the information was obtained.\n\n#### 29 Disclosure to a court, tribunal etc.\n\n An entrusted person may make a record of, use or disclose protected information, or a document containing protected information:\n (a) for the purposes of proceedings before:\n (i) a court; or\n (ii) a tribunal, authority or person that has the power to require the answering of questions or the production of documents; or\n (b) in accordance with an order of:\n (i) a court; or\n (ii) a tribunal, authority or person that has the power to require the answering of questions or the production of documents.\n\n#### 30 Disclosure for purposes of law enforcement\n\n (1) The Secretary may disclose protected information to an agency referred to in subsection (2), if:\n (a) the Secretary reasonably believes that the disclosure of the information is necessary for:\n (i) the enforcement of the criminal law; or\n (ii) the enforcement of a law imposing a pecuniary penalty; or\n (iii) the protection of the public revenue; and\n (b) the protected information is disclosed for the purposes of that enforcement or protection.\n (2) The agencies to which the Secretary may disclose protected information under this section are:\n (a) a Department, agency or authority of the Commonwealth, a State or a Territory; or\n (b) the Australian Federal Police; or\n (c) the police force or police service of a State or Territory;\n whose functions include that enforcement or protection.\n (3) The Secretary may, in writing, authorise an entrusted person to disclose protected information to an agency referred to in subsection (2), if:\n (a) the Secretary reasonably believes that the disclosure of the information is necessary for:\n (i) the enforcement of the criminal law; or\n (ii) the enforcement of a law imposing a pecuniary penalty; or\n (iii) the protection of the public revenue; and\n (b) the protected information is disclosed for the purposes of that enforcement or protection.\n (4) If a person is authorised to disclose information under subsection (3), that person may disclose the information.\n (5) An entrusted person may:\n (a) make a record of protected information; or\n (b) use protected information;\n for the purpose of disclosing protected information under subsection (1) or (4).\n Conditions\n (6) The Secretary may, by writing, impose conditions to be complied with in relation to protected information disclosed under subsection (1) or (4).\n (7) A person commits an offence if:\n (a) the person is subject to a condition under subsection (6); and\n (b) the person engages in conduct; and\n (c) the person’s conduct breaches the condition.\n\nPenalty: Imprisonment for 2 years.\n\n (8) An instrument under subsection (6) is not a legislative instrument.\n\n### Division 3—Disclosure\n\n#### 31 Disclosure of information to the Secretary\n\n (1) An entrusted person (within the meaning of the Australian Border Force Act 2015) may give:\n (a) the Secretary; or\n (b) an entrusted person (within the meaning of this Act) authorised under subsection (3);\n such Immigration and Border Protection information (within the meaning of the Australian Border Force Act 2015) that is fuel information as the Secretary reasonably believes will enable or assist him or her to perform or exercise any of his or her functions or powers under this Act or the Fuel Security Act 2021.\n (2) The information mentioned in subsection (1) may include personal information.\n (3) The Secretary may, in writing, authorise an entrusted person for the purposes of paragraph (1)(b).\n\n> Note: This section constitutes an authorisation for the purposes of the Privacy Act 1988, paragraph 42(2)(c) of the Australian Border Force Act 2015 and other laws.\n\n## Part 5—Compliance and enforcement\n\n#### 32 Simplified outline of this Part\n\nCivil penalty orders may be sought under Part 4 of the Regulatory Powers Act from a relevant court in relation to contraventions of the requirement in section 11 to give reports to the Secretary and the requirement in section 13E to give information or produce documents.\n\nAn authorised person may enter premises under a warrant or with consent of the occupier and exercise monitoring powers there under Part 2 of the Regulatory Powers Act, for the purposes of determining whether information given in compliance or purported compliance with section 11 is correct.\n\nA person can be given an infringement notice under Part 5 of the Regulatory Powers Act for contravening section 11 or section 13E.\n\nA person who is given an infringement notice can choose to pay an amount as an alternative to having court proceedings brought against the person for the contravention. If the person does not choose to pay the amount, proceedings can be brought against the person for the contravention.\n\n#### 33 Monitoring powers\n\n Information subject to monitoring\n (1) Information given in compliance or purported compliance with section 11 is subject to monitoring under Part 2 of the Regulatory Powers Act.\n\n> Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether the information is correct. It includes powers of entry and inspection.\n\n Related provisions\n (1A) For the purposes of Part 2 of the Regulatory Powers Act, as that Act applies in relation to the information mentioned in subsection (1), each of the following provisions is related to the provision mentioned in subsection (1):\n (a) a civil penalty provision of the Fuel Security Act 2021;\n (b) a civil penalty provision of the Fuel Quality Standards Act 2000;\n (c) an offence provision of the Fuel Quality Standards Act 2000.\n Authorised applicant, authorised person, issuing officer, relevant chief executive and relevant court\n (2) For the purposes of Part 2 of the Regulatory Powers Act, as that Part applies in relation to the information mentioned in subsection (1):\n (b) the Secretary is an authorised applicant; and\n (c) a person appointed under section 34 is an authorised person; and\n (d) a magistrate is an issuing officer; and\n (e) the Secretary is the relevant chief executive; and\n (f) each of the following is a relevant court:\n (i) the Federal Court of Australia;\n (ii) the Federal Circuit and Family Court of Australia (Division 2);\n (iii) a court of a State or Territory that has jurisdiction in relation to the matter.\n Extension to offshore areas\n (3) Part 2 of the Regulatory Powers Act, as that Part applies in relation to information mentioned in subsection (1), extends to each offshore area.\n\n#### 34 Appointment of authorised persons\n\n (1) The Secretary may, in writing, appoint a person who is one of the following as an authorised person for the purposes of this Act:\n (a) an APS employee in the Department;\n (b) a person who is engaged as a consultant or contractor to perform services in relation to this Act.\n (2) The Secretary must not appoint a person as an authorised person unless the Secretary is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an authorised person.\n (3) An authorised person must, in exercising powers as such, comply with any directions of the Secretary.\n (4) If a direction is given under subsection (3) in writing, the direction is not a legislative instrument.\n\n#### 35 Civil penalty provisions\n\n Enforceable civil penalty provisions\n (1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.\n\n> Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.\n\n Authorised applicant and relevant court\n (2) For the purposes of Part 4 of the Regulatory Powers Act:\n (a) the Secretary is an authorised applicant in relation to the civil penalty provisions of this Act; and\n (b) each of the following is a relevant court in relation to the civil penalty provisions of this Act:\n (i) the Federal Court of Australia;\n (ii) the Federal Circuit and Family Court of Australia (Division 2);\n (iii) a court of a State or Territory that has jurisdiction in relation to the matter.\n Extension to offshore areas\n (3) Part 4 of the Regulatory Powers Act, as it applies in relation to the civil penalty provisions mentioned in subsection (1), extends to each offshore area.\n\n#### 36 Infringement notices\n\n Provisions subject to an infringement notice\n (1) A civil penalty provision of this Act is subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n Infringement officer and relevant chief executive\n (2) For the purposes of Part 5 of the Regulatory Powers Act:\n (a) the Secretary is an infringement officer in relation to the provisions mentioned in subsection (1); and\n (b) the Secretary is the relevant chief executive in relation to the provisions mentioned in subsection (1).\n Extension to offshore areas\n (3) Part 5 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), extends to each offshore area.\n\n## Part 6—Miscellaneous\n\n#### 37 Simplified outline of this Part\n\nThis Part deals with other matters, such as delegations, reviews of this Act and rules.\n\n#### 38 Treatment of trusts\n\n (1) This Act applies to a trust as if it were a person, but with the changes set out in this section.\n Trusts with a single trustee\n (2) If the trust has a single trustee:\n (a) an obligation that would otherwise be imposed on the trust by this Act is imposed on the trustee instead; and\n (b) an offence against this Act that would otherwise have been committed by the trust is taken to have been committed by the trustee.\n Trusts with multiple trustees\n (3) If the trust has 2 or more trustees:\n (a) an obligation that would otherwise be imposed on the trust by this Act is imposed on each trustee instead, but may be discharged by any of the trustees; and\n (b) an offence against this Act that would otherwise have been committed by the trust is taken to have been committed by each trustee of the trust, at the time the offence was committed, who:\n (i) did the relevant act or made the relevant omission; or\n (ii) aided, abetted, counselled or procured the relevant act or omission; or\n (iii) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the trustee).\n Contraventions of civil penalty provisions\n (4) This section applies to a contravention of a civil penalty provision in a corresponding way to the way in which it applies to an offence.\n\n#### 39 Delegations\n\n (1) The Secretary may, in writing, delegate any or all of his or her functions or powers under:\n (a) section 6 (about commercial‑in‑confidence information); or\n (b) paragraph 11(4)(b) (about approving manners and forms); or\n (c) subsection 13(3) (about exemptions from the duty to report); or\n (ca) rules made for the purposes of subsection 13B(1) (about compliance audits relating to the Fuel Security Act 2021); or\n (cb) section 13E (about requiring information or documents); or\n (d) section 15 (about collection of fuel information); or\n (e) section 16 (about publication of fuel information); or\n (f) section 34 (about appointment of authorised persons); or\n (g) section 35 of the Regulatory Powers Act as the relevant chief executive to issue identity cards to authorised persons;\n to an SES employee, or an acting SES employee, in the Department.\n\n> Note: SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n (2) In performing a function, or exercising a power, under a delegation, the delegate must comply with any directions of the Secretary.\n\n#### 40 Review of operation of this Act\n\n (1) The Minister must cause an independent review to be conducted of the operation of this Act and the rules.\n (2) Without limiting the matters to be covered by the review, the review must consider the following:\n (a) the definition of fuel information in section 5;\n (b) the definition of covered product in section 5;\n (c) the definition of covered activity in section 5.\n (3) The review must be conducted as soon as practicable after the end of 3 years after this section commences.\n (4) The persons who conduct the review must give the Minister a written report of the review.\n (5) The Minister must cause copies of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.\n\n#### 41 Rules\n\n (1) The Minister may, by legislative instrument, make rules prescribing matters:\n (a) required or permitted by this Act to be prescribed by the rules; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (2) To avoid doubt, the rules may not do the following:\n (a) create an offence or civil penalty;\n (b) provide powers of:\n (i) arrest or detention; or\n (ii) entry, search or seizure;\n (c) impose a tax;\n (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n (e) directly amend the text of this Act.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Simplified outline of this Part","content":"#### 10 Simplified outline of this Part\n\nReports must be given to the Secretary if certain activities (called covered activities) are undertaken in relation to certain fuels and fuel‑related products (called covered products).\n\nThe rules may set out exceptions to the duty to report. The Secretary may determine that a particular person is not required to give a report in particular circumstances.\n\nThe Secretary may request information or documents relating to Australia’s market for covered products if the Secretary reasonably believes there is a disruption to Australia’s fuel supply which significantly impacts Australia’s fuel market.","sortOrder":12},{"sectionNumber":"Division 2","sectionType":"division","heading":"Reports of fuel information","content":"An Act to provide for the reporting and dissemination of information relating to petroleum, other fuels and fuel‑related products, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act is the Petroleum and Other Fuels Reporting Act 2017.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this Act

The day after this Act receives the Royal Assent.

24 August 2017

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n#### 3 Objects of this Act\n\n The objects of this Act are the following:\n (a) to assist the Commonwealth to monitor fuel security to aid the Commonwealth to develop policy relating to the prevention of, preparation for, or management of, fuel supply disruptions or potential disruptions;\n (b) to assist the Commonwealth to give effect to Australia’s obligations under the Agreement, or under any other international agreement to which Australia is a party relating to:\n (i) international energy security; or\n (ii) the reporting of data relating to petroleum, other fuels or fuel‑related products;\n (c) to facilitate the publication of information relating to Australia’s petroleum and other fuel markets;\n (d) to support the implementation of the Fuel Security Act 2021.\n\n#### 4 Simplified outline of this Act\n\nThis Act requires the reporting of certain information relating to fuels and fuel‑related products.\n\nThe Secretary may collect information relating to fuels and fuel‑related products. The Secretary may publish such information, unless the information is likely to enable the identification of a person or is commercial‑in‑confidence.\n\nThere are protections for sensitive information.\n\n#### 5 Definitions\n\n (1) In this Act:\n\n> affected: see subsection 13C(2).\n\n> Agreement means the Agreement on an International Energy Program, done at Paris on 18 November 1974.\n\n> Note: The Agreement is in Australian Treaty Series 1979 No. 7 (\\[1979\\] ATS 7) and could in 2017 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> civil penalty provision has the same meaning as in the Regulatory Powers Act.\n\n> commercial‑in‑confidence has the meaning given by section 6.\n\n> constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.\n\n> constitutional trade and commerce means the following:\n\n (a) trade or commerce between Australia and places outside Australia;\n (b) trade or commerce among the States;\n (c) trade or commerce within a Territory, between a State and a Territory or between 2 Territories.\n\n> covered activity means:\n\n (a) producing a covered product; or\n (b) refining a covered product; or\n (c) wholesaling a covered product; or\n (d) holding stock of a covered product; or\n (e) importing a covered product; or\n (f) exporting a covered product; or\n (g) any other activity, in relation to a covered product, prescribed by the rules for the purposes of this paragraph.\n\n> covered product means:\n\n (a) crude oil; or\n (b) condensate; or\n (c) liquefied petroleum gas; or\n (d) natural gas liquid; or\n (e) gasoline; or\n (f) diesel; or\n (g) kerosene; or\n (h) fuel oil; or\n (i) heating oil; or\n (j) naphtha; or\n (k) compressed natural gas; or\n (l) liquefied natural gas; or\n (m) an oil, lubricant or grease; or\n (n) paraffin wax; or\n (o) a petroleum‑based solvent; or\n (p) petroleum coke; or\n (q) bitumen; or\n (r) biofuel; or\n (s) hydrogen; or\n (t) any other fuel prescribed by the rules for the purposes of this paragraph; or\n (u) any other fuel‑related product prescribed by the rules for the purposes of this paragraph.\n\n> entrusted person means:\n\n (a) the Secretary; or\n (b) an APS employee in the Department; or\n (c) any other person employed or engaged by the Department.\n\n> fuel means any product that produces energy through a chemical reaction.\n\n> Note: Examples of a fuel include petroleum, hydrogen and biofuel.\n\n> fuel information means:\n\n (a) any raw data, or any value added information product, that relates to:\n (i) covered activities; or\n (ii) the quantity, quality or characteristics of covered products; or\n (iii) the holding (within the meaning of section 19 of the Fuel Security Act 2021) of stocks of covered products that are MSO products (within the meaning of that Act); or\n (b) any metadata that describes data of a kind referred to in paragraph (a);\n and includes contextual information relating to covered products (such as the location, control and ownership of covered products).\n\n> fuel‑related product means a product that is not a fuel, but:\n\n (a) is derived from a fuel; or\n (b) is an input into or an output from the production or refining of a fuel.\n\n> holding stock of a covered product means:\n\n (a) keeping a covered product in storage (whether on land or at sea), but does not include:\n (i) storing a covered product in a service station, retail store, personal vehicle, road tanker, rail tank car or pipeline; or\n (ii) keeping a covered product wholly or principally for private or domestic use; or\n (b) holding, in circumstances prescribed by the rules for the purposes of this paragraph, a contractual right to take possession of a covered product.\n\n> Note: See also subsection (4).\n\n> international energy security body means a body established under:\n\n (a) the Agreement; or\n (b) any other agreement with one or more countries, to which Australia is a party, relating to:\n (i) international energy security; or\n (ii) the reporting of data relating to petroleum, other fuels or fuel‑related products.\n\n> offence against this Act includes an offence against Chapter 7 of the Criminal Code that relates to this Act.\n\n> offshore area, in relation to a State or Territory, has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2006.\n\n> person has a meaning affected by section 38.\n\n> personal information has the same meaning as in the Privacy Act 1988.\n\n> producing a covered product means recovering a covered product through a process of extraction or otherwise creating a covered product, but does not include refining a covered product.\n\n> protected information means fuel information that is personal information, or fuel information that is commercial‑in‑confidence, that:\n\n (a) is obtained under, or in accordance with, this Act, the Fuel Security Act 2021, section 95ZPA of the Competition and Consumer Act 2010 or subsection 355‑65(8) in Schedule 1 to the Taxation Administration Act 1953; or\n (b) is derived from a record of personal information, or information that is commercial‑in‑confidence, that was made under, or in accordance with, this Act, the Fuel Security Act 2021 or a provision referred to in paragraph (a); or\n (c) is derived from a disclosure or use of personal information, or information that is commercial‑in‑confidence, that was made under, or in accordance with, this Act, the Fuel Security Act 2021 or a provision referred to in paragraph (a).\n\n> Note: For the meaning of commercial‑in‑confidence, see section 6.\n\n> refining a covered product means transforming a covered product into another covered product, or recycling or re‑refining a covered product.\n\n> regulated entity means:\n\n (a) a constitutional corporation; or\n (b) a trust, all of the trustees of which are constitutional corporations; or\n (c) a body corporate that is incorporated in a Territory; or\n (d) a body corporate that is taken to be registered in a Territory under section 119A of the Corporations Act 2001; or\n (e) a trust, if the proper law of the trust and the law of the trust’s administration are the law of a Territory; or\n (f) an entity, the core or routine activities of which are carried out in or in connection with a Territory.\n\n> Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.\n\n> rules means rules made under section 41.\n\n> Secretary means the Secretary of the Department.\n\n> statistical fuel information means fuel information that is statistical information.\n\n> wholesaling a covered product means:\n\n (a) entering a covered product for home consumption (within the meaning of the Customs Act 1901 or the Excise Act 1901); or\n (b) if a covered product is not subject to duty of excise or duty of customs—removing the covered product from an import terminal or domestic production facilities (such as a refinery); or\n (c) if another activity is prescribed by the rules for the purposes of this paragraph for a kind of covered product—undertaking that activity in relation to the kind of product.\n (2) The rules must not prescribe a fuel for the purposes of paragraph (t) of the definition of covered product in subsection (1) unless the Minister is satisfied that prescribing the fuel will promote the objects of this Act.\n (3) The rules must not prescribe a fuel‑related product for the purposes of paragraph (u) of the definition of covered product in subsection (1) unless the Minister is satisfied that prescribing the product will assist the Commonwealth to give effect to Australia’s obligations, relating to the reporting of data relating to petroleum, other fuels or fuel‑related products, under:\n (a) the Agreement; or\n (b) any other agreement with one or more countries.\n (4) A person is taken to be holding stock of a covered product that is an MSO product within the meaning of the Fuel Security Act 2021 if the person holds stocks of that product within the meaning of section 19 of that Act.\n\n#### 6 Meaning of commercial‑in‑confidence\n\n Information is commercial‑in‑confidence if the Secretary is satisfied that:\n (a) release of the information would cause competitive detriment to a person; and\n (b) the information is not in the public domain; and\n (c) the information is not required to be disclosed under another law of the Commonwealth, a State or a Territory; and\n (d) the information is not readily discoverable.\n\n#### 7 Act binds the 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:\n (a) prosecuted for an offence; or\n (b) subject to civil proceedings for a civil penalty order under Part 4 of the Regulatory Powers Act; or\n (c) given an infringement notice under Part 5 of the Regulatory Powers Act.\n\n#### 8 Offshore areas\n\n (1) This Act applies in relation to the offshore areas in respect of the States and Territories as if references in this Act to Australia, when used in a geographical sense, included references to the offshore areas in respect of the States and Territories.\n (2) The extended application given to this Act by subsection (1) extends only in relation to:\n (a) acts, matters and things directly or indirectly connected with exploration of, or exploitation of the natural resources of, the continental shelf of Australia; and\n (b) acts done by or in relation to, and matters, circumstances and things affecting, a person who is in an offshore area for a reason directly or indirectly connected with such exploration or exploitation.\n\n#### 9 Concurrent operation of State and Territory laws\n\n This Act does not exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act.\n\n## Part 2—Reports of fuel information and information‑gathering powers\n\n### Division 1—Introduction\n\n#### 10 Simplified outline of this Part\n\nReports must be given to the Secretary if certain activities (called covered activities) are undertaken in relation to certain fuels and fuel‑related products (called covered products).\n\nThe rules may set out exceptions to the duty to report. The Secretary may determine that a particular person is not required to give a report in particular circumstances.\n\nThe Secretary may request information or documents relating to Australia’s market for covered products if the Secretary reasonably believes there is a disruption to Australia’s fuel supply which significantly impacts Australia’s fuel market.\n\n### Division 2—Reports of fuel information\n\n#### 11 Reports of fuel information to be given to the Secretary\n\n (1) This section applies if:\n (a) a covered activity of a kind prescribed by the rules for the purposes of this subsection is undertaken in relation to a covered product of a kind prescribed by the rules in relation to the covered activity for the purposes of this subsection; and\n (b) the covered activity is undertaken by a regulated entity; and\n (c) the covered activity is undertaken in whichever of the following circumstances is prescribed by the rules in relation to the covered activity:\n (i) in Australia;\n (ii) outside Australia, in connection with business carried on in Australia by the regulated entity;\n (iii) in the Greater Sunrise special regime area (within the meaning of the Seas and Submerged Lands Act 1973), in connection with business carried on in that area by the regulated entity.\n (2) The person prescribed by the rules must give the Secretary a report in accordance with this section.\n\nCivil penalty: 250 penalty units.\n\n (3) To avoid doubt, rules made for the purposes of subsection (2) may prescribe more than one person who must give a report in relation to the same kind of covered activity and the same kind of covered product.\n (4) A report under subsection (2) must:\n (a) include the fuel information, in relation to the covered activity or the covered product, that is prescribed by the rules; and\n (b) be given in the manner and form approved in writing by the Secretary; and\n (c) be given to the Secretary within the period prescribed by the rules.\n\n> Note 1: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.\n\n> Note 2: A person may commit an offence if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code). There is also a civil penalty for persons providing false or misleading information in relation to the Fuel Security Act 2021 (see section 13A of this Act).\n\n (5) Rules made for the purposes of paragraph (4)(a) may prescribe different requirements for:\n (a) different covered activities; or\n (b) different covered products; or\n (c) reports by different persons.\n (6) Without limiting paragraph (4)(b), the Secretary may approve:\n (a) electronic communication as a manner in which a report must be given; or\n (b) more than one manner for giving a report; or\n (c) different forms for different covered activities, different covered products or reports by different persons; or\n (d) a single form for more than one report.\n (7) Rules made for the purposes of paragraph (4)(c) may prescribe different periods for:\n (a) different covered activities; or\n (b) different covered products; or\n (c) reports by different persons.\n (8) Subsections (5), (6) and (7) do not limit subsection 33(3A) of the Acts Interpretation Act 1901.\n (9) A covered activity that is importing or exporting a covered product is taken to be undertaken in Australia for the purposes of subparagraph (1)(c)(i) if:\n (a) for importing—the product is imported to Australia; or\n (b) for exporting—the product is exported from Australia.\n\n#### 12 Extended application of section 11\n\n (1) Without limiting the effect of section 11 apart from this section, section 11 also has effect as provided by this section.\n (2) To avoid doubt, no subsection of this section limits the operation of any other subsection of this section.\n Census and statistics power\n (3) Section 11 also has the effect it would have if:\n (a) each reference in subsection 11(1) to a regulated entity included a reference to a person who is not a regulated entity; and\n (b) the reference in paragraph 11(4)(a) to fuel information were expressly confined to a reference to statistical fuel information.\n External affairs power\n (4) Section 11 also has the effect it would have if:\n (a) each reference in subsection 11(1) to a regulated entity included a reference to a person who is not a regulated entity; and\n (b) the reference in paragraph 11(4)(a) to fuel information were expressly confined to fuel information that is necessary to give effect to Australia’s rights or obligations under:\n (i) the Agreement; or\n (ii) any other agreement with one or more countries.\n (5) Section 11 also has the effect it would have if:\n (a) each reference in subsection 11(1) to a regulated entity included a reference to a person who is not a regulated entity; and\n (b) subparagraph 11(1)(c)(i) were omitted.\n Trade and commerce power\n (6) Section 11 also has the effect it would have if:\n (a) each reference in subsection 11(1) to a regulated entity included a reference to a person who is not a regulated entity; and\n (b) the following paragraph were added at the end of that subsection:\n “; and (d) the covered activity is undertaken in the course of or in relation to constitutional trade and commerce.”.\n\n#### 13 Exceptions to duty to report\n\n Exceptions prescribed by the rules\n (1) Subsection 11(2) does not apply in the circumstances prescribed by the rules.\n\n> Note: A person bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n (2) Without limiting subsection (1), the rules must prescribe that subsection 11(2) does not apply in circumstances relating to a threshold or thresholds prescribed by, or worked out in accordance with, the rules.\n Exemptions by the Secretary\n (3) Subsection 11(2) does not apply to a particular person, in relation to a particular kind of covered activity and a particular kind of covered product, if the Secretary:\n (a) is satisfied that, in all the circumstances, it is not appropriate for that subsection to apply to the person in relation to the covered activity and the covered product; and\n (b) makes a written determination to that effect.\n\n> Note: A person bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n (4) A determination under paragraph (3)(b) is not a legislative instrument.\n\n#### 13A Civil penalty for false or misleading information relating to Fuel Security Act 2021\n\n A person must not, in a report under section 11, provide information that:\n (a) relates to:\n (i) whether a regulated entity that is subject to the minimum stockholding obligation under the Fuel Security Act 2021 is complying with section 7 of that Act; or\n (ii) whether fuel security services payment is payable to a constitutional corporation under the Fuel Security Act 2021; and\n (b) is false or misleading in a material particular, or omits a matter or thing without which the information is misleading in a material particular.\n\nCivil penalty: 300 penalty units.\n\n#### 13B Compliance audits relating to the Fuel Security Act 2021\n\n (1) The rules may make provision in relation to the auditing of compliance with section 11, so far as that section relates to the giving of reports that relate to:\n (a) MSO activities undertaken in relation to MSO products by regulated entities; or\n (b) the refining of FSSP fuels.\n (2) Without limiting subsection (1), rules made for the purposes of that subsection may do any of the following:\n (a) empower the Secretary to require an audit to be conducted;\n (b) prescribe matters to which an audit may relate or be required by the Secretary to relate;\n (c) prescribe persons who are authorised to conduct audits;\n (d) require reports of audits to accompany reports given under section 11 or otherwise be given to the Secretary.\n (3) The following expressions used in subsection (1) have the same meaning as in the Fuel Security Act 2021:\n (a) FSSP fuels;\n (b) MSO activity;\n (c) MSO product;\n (d) regulated entity.\n\n#### 13C Duty to provide reasonable facilities and assistance for audit\n\n (1) A person affected by an audit required to be conducted under rules made for the purposes of subsection 13B(1) must provide the person conducting the audit (the audit team leader), and any person assisting the audit team leader in the conduct of the audit, with all reasonable facilities and assistance necessary for the effective exercise of the audit team leader’s duties in relation to the audit.\n\nCivil penalty: 250 penalty units.\n\n (2) A person is affected by an audit if the person is any of the following:\n (a) the person being audited;\n (b) if the audit relates to compliance with section 11 so far as that section relates to the giving of reports that relate to MSO activities undertaken in relation to MSO products by a regulated entity:\n (i) the regulated entity; or\n (ii) if the regulated entity has an Australian controlling corporation—the Australian controlling corporation; or\n (iii) any entity in possession of stocks of an MSO product that are held (within the meaning of section 19 of the Fuel Security Act 2021) by the regulated entity;\n (c) if the audit relates to compliance with section 11 so far as that section relates to the giving of reports that relate to the refining of FSSP fuels by a constitutional corporation—the constitutional corporation.\n (3) The following expressions used in subsection (2) have the same meaning as in the Fuel Security Act 2021:\n (a) FSSP fuels;\n (b) MSO activity;\n (c) MSO product;\n (d) regulated entity.\n\n#### 13D Duty to comply with requirements in relation to report of audit\n\n (1) A person who is required to give the Secretary a report under section 11 must comply with any rules prescribed for the purposes of subsection 13B(1) requiring a report of an audit to accompany the report under section 11.\n\nCivil penalty: 250 penalty units.\n\n (2) A person who is required by any rules prescribed for the purposes of subsection 13B(1) to give a report of an audit to the Secretary must give the report of the audit to the Secretary in accordance with the rules.\n\nCivil penalty: 250 penalty units.\n\n### Division 3—Information‑gathering powers\n\n#### 13E Secretary may require information or documents\n\n Scope\n (1) This section applies if the Secretary reasonably believes that:\n (a) there is a disruption to Australia’s fuel supply; and\n (b) the disruption has had, is having, or is likely to have, a significant impact on Australia’s fuel market.\n Notice\n (2) The Secretary may give a regulated entity a written notice if the Secretary reasonably believes that the entity has information or documents relevant to the Australian market for a covered product.\n (3) Without limiting subsection (2), information or documents relevant to the Australian market for a covered product include information or documents relating to the following:\n (a) the entity’s orders for any upcoming supply of the product to the market, and the scheduled timeframes for that supply;\n (b) the entity’s orders for any upcoming demand for the product by customers;\n (c) stock levels of the product held by the entity.\n Contents of notice\n (4) The notice may require the entity to do either or both of the following:\n (a) to give information specified in the notice to the Secretary within the period and in the manner specified in the notice;\n (b) to produce documents specified in the notice to the Secretary within the period and in the manner specified in the notice.\n\n> Note 1: For civil penalties for failing to comply with a requirement of a notice or for providing false or misleading information or documents, see sections 13G and 13H.\n\n> Note 2: A person may commit an offence if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code).\n\n (5) The notice must set out the effect of the following provisions:\n (a) section 13G;\n (b) section 13H;\n (c) section 137.1 of the Criminal Code (about an offence for giving false or misleading information);\n (d) section 137.2 of the Criminal Code (about an offence for producing false or misleading documents).\n Minimum period for complying with notice\n (6) A period specified under paragraph (4)(a) or (b):\n (a) must be at least 5 business days after the day the notice is given; and\n (b) may be:\n (i) a single period; or\n (ii) a recurring period.\n\n#### 13F Additional operation of section 13E\n\n (1) In addition to the effect of section 13E, that section also has effect as provided by this section.\n Census and statistics power\n (2) Section 13E also has the effect it would have if:\n (a) a reference to a regulated entity included a reference to a person who is not a regulated entity; and\n (b) a reference to information or documents were expressly confined to statistical information or statistical documents.\n External affairs power\n (3) Section 13E also has the effect it would have if:\n (a) a reference to a regulated entity included a reference to a person who is not a regulated entity; and\n (b) a reference to information or documents were expressly confined to information or documents necessary to give effect to Australia’s rights or obligations under:\n (i) the Agreement; or\n (ii) any other agreement with one or more countries.\n\n#### 13G Civil penalty for failing to comply with notice\n\n Civil penalty\n (1) A person contravenes this subsection if:\n (a) the person is given a notice under section 13E; and\n (b) the person fails to comply with a requirement of the notice.\n\nCivil penalty: 250 penalty units.\n\n (2) Subsection (1) does not apply if the person has a reasonable excuse.\n\n> Note: A person bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Continuing contravention\n (3) If a person contravenes subsection (1) by contravening a requirement mentioned in paragraph 13E(4)(a) or (b), the maximum civil penalty for each day that the contravention continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.\n\n> Note: Subsection (1), as it relates to a contravention of a requirement mentioned in paragraph 13E(4)(a) or (b), is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.\n\n#### 13H Civil penalty for false or misleading information or documents\n\n Civil penalty\n (1) A person contravenes this subsection if:\n (a) the person is given a notice under section 13E; and\n (b) the person gives information or produces a document that is false or misleading in a material particular, or omits a matter or thing without which the information or the document is misleading in a material particular.\n\nCivil penalty: 300 penalty units.\n\n (2) Subsection (1) does not apply if the person has a reasonable excuse.\n\n> Note: A person bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n## Part 3—Collection and publication of fuel information\n\n#### 14 Simplified outline of this Part\n\nThis Part permits the Secretary to collect fuel information.\n\nFuel information is raw data or value added information product that relates to covered activities, or to the quantity, quality or characteristics of covered products, or to the holding (within the meaning of the Fuel Security Act 2021) of certain covered products. Fuel information includes metadata describing such data, and contextual information.\n\nThe Secretary may publish or make available fuel information. The information must not be likely to enable the identification of a person or be commercial‑in‑confidence.\n\n#### 15 Collection of fuel information\n\n The Secretary may collect fuel information.\n\n#### 16 Publication of fuel information\n\n (1) The Secretary may, in such manner as the Secretary thinks appropriate, cause to be published or made available statistical fuel information.\n (2) The Secretary may, in such manner as the Secretary thinks appropriate, cause to be published or made available fuel information that is not statistical fuel information.\n (3) The Secretary must not cause to be published or made available information under this section if the information is:\n (a) likely to enable the identification of a person; or\n (b) commercial‑in‑confidence.\n\n> Note: An entrusted person may make a record of or use protected information for the purpose of the publication or making available of information under this section: see section 22.\n\n#### 17 Severability—publication of fuel information\n\n (1) Without limiting the effect of subsection 16(2) apart from this section, subsection 16(2) also has effect as provided by this section.\n (2) To avoid doubt, no subsection of this section limits the operation of any other subsection of this section.\n (3) Subsection 16(2) also has the effect it would have if that subsection were, by express provision, confined to the communication of information by electronic means.\n (4) Subsection 16(2) also has the effect it would have if the reference in that subsection to fuel information that is not statistical fuel information were, by express provision, confined to information that relates to the affairs of a regulated entity or was obtained from a regulated entity.\n (5) Subsection 16(2) also has the effect it would have if the reference in that subsection to fuel information that is not statistical fuel information were, by express provision, confined to information the publication or making available of which is necessary to give effect to Australia’s rights or obligations under:\n (a) the Agreement; or\n (b) any other agreement with one or more countries.\n (6) Subsection 16(2) also has the effect it would have if the reference in that subsection to fuel information that is not statistical fuel information were, by express provision, confined to information relating to acts or omissions that occur outside Australia.\n (7) Subsection 16(2) also has the effect it would have if the reference in that subsection to fuel information that is not statistical fuel information were, by express provision, confined to information relating to acts or omissions in the course of or in relation to constitutional trade and commerce.\n\n#### 18 Other powers or functions not affected\n\n This Part does not, by implication, limit any other power or function of the Secretary to collect, publish, or otherwise deal with information.\n\n## Part 4—Secrecy and disclosure\n\n### Division 1—Introduction\n\n#### 19 Simplified outline of this Part\n\nThis Part makes it an offence for an entrusted person to record, use or disclose protected information, except in circumstances set out in this Part.\n\nThis Part also authorises certain fuel information to be disclosed to the Secretary.\n\n### Division 2—Secrecy\n\n#### 20 Secrecy\n\n Offence\n (1) A person commits an offence if:\n (a) the person is, or has been, an entrusted person; and\n (b) the person has obtained information in his or her capacity as an entrusted person; and\n (c) the information is protected information; and\n (d) the person:\n (i) makes a record of the information; or\n (ii) uses the information; or\n (iii) discloses the information to another person.\n\nPenalty: Imprisonment for 2 years.\n\n Exceptions\n (2) Subsection (1) does not apply if:\n (a) the conduct is authorised by:\n (i) this Act or another law of the Commonwealth; or\n (ii) a law of a State or Territory prescribed by the rules; or\n (b) the conduct is in compliance with a requirement under:\n (i) this Act or another law of the Commonwealth; or\n (ii) a law of a State or a Territory prescribed by the rules.\n (3) Subsection (1) does not apply if:\n (a) the person makes a record of, discloses or otherwise uses information; and\n (b) the information is commercial‑in‑confidence; and\n (c) the person does not know that the information is commercial‑in‑confidence.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) and (3) (see subsection 13.3(3) of the Criminal Code).\n\n Implied freedom of political communication\n (4) This section does not apply to the extent (if any) that it would infringe any constitutional doctrine of implied freedom of political communication.\n\n#### 21 Exercising powers, or performing functions or duties, as an entrusted person\n\n An entrusted person may make a record of, use or disclose protected information if the record is made, or the information is used or disclosed, in the course of exercising powers, or performing functions or duties, as an entrusted person.\n\n> Note: The powers, functions and duties of entrusted persons are not limited to those conferred or imposed by this Act.\n\n#### 22 Recording and use of protected information in relation to the publication of fuel information\n\n An entrusted person may:\n (a) make a record of protected information; or\n (b) use protected information;\n for the purpose of the publication or making available of fuel information under section 16.\n\n#### 23 Disclosure to the Minister\n\n (1) An entrusted person may:\n (a) disclose protected information to the Minister; and\n (b) make a record of or use protected information for the purpose of disclosing protected information to the Minister.\n (2) An entrusted person may:\n (a) disclose protected information to a person employed by the Minister under the Members of Parliament (Staff) Act 1984; and\n (b) make a record of or use protected information for the purposes of disclosing the information under paragraph (a).\n\n#### 24 Disclosure to certain agencies, bodies or persons\n\n (1) The Secretary may disclose:\n (a) protected information to an agency, body or person referred to in paragraph (2)(a), (b), (c) or (d); or\n (b) protected information that is statistical information to a body referred to in paragraph (2)(e);\n if the Secretary reasonably believes that the information will enable or assist the agency, body or person to exercise its powers, or perform its functions or duties.\n (2) The agencies, bodies and persons to which protected information may be disclosed under this section are the following:\n (a) the Australian Competition and Consumer Commission;\n (b) the Commissioner of Taxation;\n (c) an agency or authority of the Commonwealth prescribed by the rules;\n (d) a State or Territory government, agency or authority prescribed by the rules;\n (e) the International Energy Agency or any other international energy security body prescribed by the rules.\n (3) The Secretary may, in writing, authorise an entrusted person to disclose:\n (a) protected information to an agency, body or person referred to in paragraph (2)(a), (b), (c) or (d); or\n (b) protected information that is statistical information to a body referred to in paragraph (2)(e);\n if the Secretary reasonably believes that the information will enable or assist the agency, body or person to exercise its powers, or perform its functions or duties.\n (4) If an entrusted person is authorised to disclose information under subsection (3), that person may disclose the information.\n (5) An entrusted person may:\n (a) make a record of protected information; or\n (b) use protected information;\n for the purpose of disclosing protected information under subsection (1) or (4).\n Conditions\n (6) The Secretary may, by writing, impose conditions to be complied with in relation to protected information disclosed under subsection (1) or (4), other than information disclosed to the Australian Competition and Consumer Commission.\n (7) A person commits an offence if:\n (a) the person is subject to a condition under subsection (6); and\n (b) the person engages in conduct; and\n (c) the person’s conduct breaches the condition.\n\nPenalty: Imprisonment for 2 years.\n\n (8) An instrument under subsection (6) is not a legislative instrument.\n Protected information disclosed to the Australian Competition and Consumer Commission\n (9) Protected information disclosed under subsection (1) or (4) to the Australian Competition and Consumer Commission is taken, for the purposes of Part VIIA of the Competition and Consumer Act 2010, to be protected information within the meaning of section 95ZP of that Act.\n\n#### 25 Disclosure with consent\n\n An entrusted person may make a record of, use or disclose protected information that relates to the affairs of a person if:\n (a) the person has consented to the recording, use or disclosure; and\n (b) the recording, use or disclosure is in accordance with that consent.\n\n#### 26 Disclosure of publicly available information\n\n An entrusted person may:\n (a) make a record of protected information; or\n (b) use protected information; or\n (c) disclose protected information to another person;\n if the protected information has already been lawfully made available to the public.\n\n#### 27 Disclosure to the person to whom the protected information relates\n\n An entrusted person may disclose protected information to the person to whom the protected information relates.\n\n#### 28 Disclosure to the person from whom the protected information was obtained\n\n An entrusted person may disclose protected information to the person from whom the information was obtained.\n\n#### 29 Disclosure to a court, tribunal etc.\n\n An entrusted person may make a record of, use or disclose protected information, or a document containing protected information:\n (a) for the purposes of proceedings before:\n (i) a court; or\n (ii) a tribunal, authority or person that has the power to require the answering of questions or the production of documents; or\n (b) in accordance with an order of:\n (i) a court; or\n (ii) a tribunal, authority or person that has the power to require the answering of questions or the production of documents.\n\n#### 30 Disclosure for purposes of law enforcement\n\n (1) The Secretary may disclose protected information to an agency referred to in subsection (2), if:\n (a) the Secretary reasonably believes that the disclosure of the information is necessary for:\n (i) the enforcement of the criminal law; or\n (ii) the enforcement of a law imposing a pecuniary penalty; or\n (iii) the protection of the public revenue; and\n (b) the protected information is disclosed for the purposes of that enforcement or protection.\n (2) The agencies to which the Secretary may disclose protected information under this section are:\n (a) a Department, agency or authority of the Commonwealth, a State or a Territory; or\n (b) the Australian Federal Police; or\n (c) the police force or police service of a State or Territory;\n whose functions include that enforcement or protection.\n (3) The Secretary may, in writing, authorise an entrusted person to disclose protected information to an agency referred to in subsection (2), if:\n (a) the Secretary reasonably believes that the disclosure of the information is necessary for:\n (i) the enforcement of the criminal law; or\n (ii) the enforcement of a law imposing a pecuniary penalty; or\n (iii) the protection of the public revenue; and\n (b) the protected information is disclosed for the purposes of that enforcement or protection.\n (4) If a person is authorised to disclose information under subsection (3), that person may disclose the information.\n (5) An entrusted person may:\n (a) make a record of protected information; or\n (b) use protected information;\n for the purpose of disclosing protected information under subsection (1) or (4).\n Conditions\n (6) The Secretary may, by writing, impose conditions to be complied with in relation to protected information disclosed under subsection (1) or (4).\n (7) A person commits an offence if:\n (a) the person is subject to a condition under subsection (6); and\n (b) the person engages in conduct; and\n (c) the person’s conduct breaches the condition.\n\nPenalty: Imprisonment for 2 years.\n\n (8) An instrument under subsection (6) is not a legislative instrument.\n\n### Division 3—Disclosure\n\n#### 31 Disclosure of information to the Secretary\n\n (1) An entrusted person (within the meaning of the Australian Border Force Act 2015) may give:\n (a) the Secretary; or\n (b) an entrusted person (within the meaning of this Act) authorised under subsection (3);\n such Immigration and Border Protection information (within the meaning of the Australian Border Force Act 2015) that is fuel information as the Secretary reasonably believes will enable or assist him or her to perform or exercise any of his or her functions or powers under this Act or the Fuel Security Act 2021.\n (2) The information mentioned in subsection (1) may include personal information.\n (3) The Secretary may, in writing, authorise an entrusted person for the purposes of paragraph (1)(b).\n\n> Note: This section constitutes an authorisation for the purposes of the Privacy Act 1988, paragraph 42(2)(c) of the Australian Border Force Act 2015 and other laws.\n\n## Part 5—Compliance and enforcement\n\n#### 32 Simplified outline of this Part\n\nCivil penalty orders may be sought under Part 4 of the Regulatory Powers Act from a relevant court in relation to contraventions of the requirement in section 11 to give reports to the Secretary and the requirement in section 13E to give information or produce documents.\n\nAn authorised person may enter premises under a warrant or with consent of the occupier and exercise monitoring powers there under Part 2 of the Regulatory Powers Act, for the purposes of determining whether information given in compliance or purported compliance with section 11 is correct.\n\nA person can be given an infringement notice under Part 5 of the Regulatory Powers Act for contravening section 11 or section 13E.\n\nA person who is given an infringement notice can choose to pay an amount as an alternative to having court proceedings brought against the person for the contravention. If the person does not choose to pay the amount, proceedings can be brought against the person for the contravention.\n\n#### 33 Monitoring powers\n\n Information subject to monitoring\n (1) Information given in compliance or purported compliance with section 11 is subject to monitoring under Part 2 of the Regulatory Powers Act.\n\n> Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether the information is correct. It includes powers of entry and inspection.\n\n Related provisions\n (1A) For the purposes of Part 2 of the Regulatory Powers Act, as that Act applies in relation to the information mentioned in subsection (1), each of the following provisions is related to the provision mentioned in subsection (1):\n (a) a civil penalty provision of the Fuel Security Act 2021;\n (b) a civil penalty provision of the Fuel Quality Standards Act 2000;\n (c) an offence provision of the Fuel Quality Standards Act 2000.\n Authorised applicant, authorised person, issuing officer, relevant chief executive and relevant court\n (2) For the purposes of Part 2 of the Regulatory Powers Act, as that Part applies in relation to the information mentioned in subsection (1):\n (b) the Secretary is an authorised applicant; and\n (c) a person appointed under section 34 is an authorised person; and\n (d) a magistrate is an issuing officer; and\n (e) the Secretary is the relevant chief executive; and\n (f) each of the following is a relevant court:\n (i) the Federal Court of Australia;\n (ii) the Federal Circuit and Family Court of Australia (Division 2);\n (iii) a court of a State or Territory that has jurisdiction in relation to the matter.\n Extension to offshore areas\n (3) Part 2 of the Regulatory Powers Act, as that Part applies in relation to information mentioned in subsection (1), extends to each offshore area.\n\n#### 34 Appointment of authorised persons\n\n (1) The Secretary may, in writing, appoint a person who is one of the following as an authorised person for the purposes of this Act:\n (a) an APS employee in the Department;\n (b) a person who is engaged as a consultant or contractor to perform services in relation to this Act.\n (2) The Secretary must not appoint a person as an authorised person unless the Secretary is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an authorised person.\n (3) An authorised person must, in exercising powers as such, comply with any directions of the Secretary.\n (4) If a direction is given under subsection (3) in writing, the direction is not a legislative instrument.\n\n#### 35 Civil penalty provisions\n\n Enforceable civil penalty provisions\n (1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.\n\n> Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.\n\n Authorised applicant and relevant court\n (2) For the purposes of Part 4 of the Regulatory Powers Act:\n (a) the Secretary is an authorised applicant in relation to the civil penalty provisions of this Act; and\n (b) each of the following is a relevant court in relation to the civil penalty provisions of this Act:\n (i) the Federal Court of Australia;\n (ii) the Federal Circuit and Family Court of Australia (Division 2);\n (iii) a court of a State or Territory that has jurisdiction in relation to the matter.\n Extension to offshore areas\n (3) Part 4 of the Regulatory Powers Act, as it applies in relation to the civil penalty provisions mentioned in subsection (1), extends to each offshore area.\n\n#### 36 Infringement notices\n\n Provisions subject to an infringement notice\n (1) A civil penalty provision of this Act is subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n Infringement officer and relevant chief executive\n (2) For the purposes of Part 5 of the Regulatory Powers Act:\n (a) the Secretary is an infringement officer in relation to the provisions mentioned in subsection (1); and\n (b) the Secretary is the relevant chief executive in relation to the provisions mentioned in subsection (1).\n Extension to offshore areas\n (3) Part 5 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), extends to each offshore area.\n\n## Part 6—Miscellaneous\n\n#### 37 Simplified outline of this Part\n\nThis Part deals with other matters, such as delegations, reviews of this Act and rules.\n\n#### 38 Treatment of trusts\n\n (1) This Act applies to a trust as if it were a person, but with the changes set out in this section.\n Trusts with a single trustee\n (2) If the trust has a single trustee:\n (a) an obligation that would otherwise be imposed on the trust by this Act is imposed on the trustee instead; and\n (b) an offence against this Act that would otherwise have been committed by the trust is taken to have been committed by the trustee.\n Trusts with multiple trustees\n (3) If the trust has 2 or more trustees:\n (a) an obligation that would otherwise be imposed on the trust by this Act is imposed on each trustee instead, but may be discharged by any of the trustees; and\n (b) an offence against this Act that would otherwise have been committed by the trust is taken to have been committed by each trustee of the trust, at the time the offence was committed, who:\n (i) did the relevant act or made the relevant omission; or\n (ii) aided, abetted, counselled or procured the relevant act or omission; or\n (iii) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the trustee).\n Contraventions of civil penalty provisions\n (4) This section applies to a contravention of a civil penalty provision in a corresponding way to the way in which it applies to an offence.\n\n#### 39 Delegations\n\n (1) The Secretary may, in writing, delegate any or all of his or her functions or powers under:\n (a) section 6 (about commercial‑in‑confidence information); or\n (b) paragraph 11(4)(b) (about approving manners and forms); or\n (c) subsection 13(3) (about exemptions from the duty to report); or\n (ca) rules made for the purposes of subsection 13B(1) (about compliance audits relating to the Fuel Security Act 2021); or\n (cb) section 13E (about requiring information or documents); or\n (d) section 15 (about collection of fuel information); or\n (e) section 16 (about publication of fuel information); or\n (f) section 34 (about appointment of authorised persons); or\n (g) section 35 of the Regulatory Powers Act as the relevant chief executive to issue identity cards to authorised persons;\n to an SES employee, or an acting SES employee, in the Department.\n\n> Note: SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n (2) In performing a function, or exercising a power, under a delegation, the delegate must comply with any directions of the Secretary.\n\n#### 40 Review of operation of this Act\n\n (1) The Minister must cause an independent review to be conducted of the operation of this Act and the rules.\n (2) Without limiting the matters to be covered by the review, the review must consider the following:\n (a) the definition of fuel information in section 5;\n (b) the definition of covered product in section 5;\n (c) the definition of covered activity in section 5.\n (3) The review must be conducted as soon as practicable after the end of 3 years after this section commences.\n (4) The persons who conduct the review must give the Minister a written report of the review.\n (5) The Minister must cause copies of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.\n\n#### 41 Rules\n\n (1) The Minister may, by legislative instrument, make rules prescribing matters:\n (a) required or permitted by this Act to be prescribed by the rules; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (2) To avoid doubt, the rules may not do the following:\n (a) create an offence or civil penalty;\n (b) provide powers of:\n (i) arrest or detention; or\n (ii) entry, search or seizure;\n (c) impose a tax;\n (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n (e) directly amend the text of this Act.","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Reports of fuel information to be given to the Secretary","content":"#### 11 Reports of fuel information to be given to the Secretary\n\n (1) This section applies if:\n (a) a covered activity of a kind prescribed by the rules for the purposes of this subsection is undertaken in relation to a covered product of a kind prescribed by the rules in relation to the covered activity for the purposes of this subsection; and\n (b) the covered activity is undertaken by a regulated entity; and\n (c) the covered activity is undertaken in whichever of the following circumstances is prescribed by the rules in relation to the covered activity:\n (i) in Australia;\n (ii) outside Australia, in connection with business carried on in Australia by the regulated entity;\n (iii) in the Greater Sunrise special regime area (within the meaning of the Seas and Submerged Lands Act 1973), in connection with business carried on in that area by the regulated entity.\n (2) The person prescribed by the rules must give the Secretary a report in accordance with this section.\n\nCivil penalty: 250 penalty units.\n\n (3) To avoid doubt, rules made for the purposes of subsection (2) may prescribe more than one person who must give a report in relation to the same kind of covered activity and the same kind of covered product.\n (4) A report under subsection (2) must:\n (a) include the fuel information, in relation to the covered activity or the covered product, that is prescribed by the rules; and\n (b) be given in the manner and form approved in writing by the Secretary; and\n (c) be given to the Secretary within the period prescribed by the rules.\n\n> Note 1: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.\n\n> Note 2: A person may commit an offence if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code). There is also a civil penalty for persons providing false or misleading information in relation to the Fuel Security Act 2021 (see section 13A of this Act).\n\n (5) Rules made for the purposes of paragraph (4)(a) may prescribe different requirements for:\n (a) different covered activities; or\n (b) different covered products; or\n (c) reports by different persons.\n (6) Without limiting paragraph (4)(b), the Secretary may approve:\n (a) electronic communication as a manner in which a report must be given; or\n (b) more than one manner for giving a report; or\n (c) different forms for different covered activities, different covered products or reports by different persons; or\n (d) a single form for more than one report.\n (7) Rules made for the purposes of paragraph (4)(c) may prescribe different periods for:\n (a) different covered activities; or\n (b) different covered products; or\n (c) reports by different persons.\n (8) Subsections (5), (6) and (7) do not limit subsection 33(3A) of the Acts Interpretation Act 1901.\n (9) A covered activity that is importing or exporting a covered product is taken to be undertaken in Australia for the purposes of subparagraph (1)(c)(i) if:\n (a) for importing—the product is imported to Australia; or\n (b) for exporting—the product is exported from Australia.","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Extended application of section 11","content":"#### 12 Extended application of section 11\n\n (1) Without limiting the effect of section 11 apart from this section, section 11 also has effect as provided by this section.\n (2) To avoid doubt, no subsection of this section limits the operation of any other subsection of this section.\n Census and statistics power\n (3) Section 11 also has the effect it would have if:\n (a) each reference in subsection 11(1) to a regulated entity included a reference to a person who is not a regulated entity; and\n (b) the reference in paragraph 11(4)(a) to fuel information were expressly confined to a reference to statistical fuel information.\n External affairs power\n (4) Section 11 also has the effect it would have if:\n (a) each reference in subsection 11(1) to a regulated entity included a reference to a person who is not a regulated entity; and\n (b) the reference in paragraph 11(4)(a) to fuel information were expressly confined to fuel information that is necessary to give effect to Australia’s rights or obligations under:\n (i) the Agreement; or\n (ii) any other agreement with one or more countries.\n (5) Section 11 also has the effect it would have if:\n (a) each reference in subsection 11(1) to a regulated entity included a reference to a person who is not a regulated entity; and\n (b) subparagraph 11(1)(c)(i) were omitted.\n Trade and commerce power\n (6) Section 11 also has the effect it would have if:\n (a) each reference in subsection 11(1) to a regulated entity included a reference to a person who is not a regulated entity; and\n (b) the following paragraph were added at the end of that subsection:\n “; and (d) the covered activity is undertaken in the course of or in relation to constitutional trade and commerce.”.","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Exceptions to duty to report","content":"#### 13 Exceptions to duty to report\n\n Exceptions prescribed by the rules\n (1) Subsection 11(2) does not apply in the circumstances prescribed by the rules.\n\n> Note: A person bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n (2) Without limiting subsection (1), the rules must prescribe that subsection 11(2) does not apply in circumstances relating to a threshold or thresholds prescribed by, or worked out in accordance with, the rules.\n Exemptions by the Secretary\n (3) Subsection 11(2) does not apply to a particular person, in relation to a particular kind of covered activity and a particular kind of covered product, if the Secretary:\n (a) is satisfied that, in all the circumstances, it is not appropriate for that subsection to apply to the person in relation to the covered activity and the covered product; and\n (b) makes a written determination to that effect.\n\n> Note: A person bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n (4) A determination under paragraph (3)(b) is not a legislative instrument.","sortOrder":16},{"sectionNumber":"13A","sectionType":"section","heading":"Civil penalty for false or misleading information relating to Fuel Security Act 2021","content":"#### 13A Civil penalty for false or misleading information relating to Fuel Security Act 2021\n\n A person must not, in a report under section 11, provide information that:\n (a) relates to:\n (i) whether a regulated entity that is subject to the minimum stockholding obligation under the Fuel Security Act 2021 is complying with section 7 of that Act; or\n (ii) whether fuel security services payment is payable to a constitutional corporation under the Fuel Security Act 2021; and\n (b) is false or misleading in a material particular, or omits a matter or thing without which the information is misleading in a material particular.\n\nCivil penalty: 300 penalty units.","sortOrder":17},{"sectionNumber":"13B","sectionType":"section","heading":"Compliance audits relating to the Fuel Security Act 2021","content":"#### 13B Compliance audits relating to the Fuel Security Act 2021\n\n (1) The rules may make provision in relation to the auditing of compliance with section 11, so far as that section relates to the giving of reports that relate to:\n (a) MSO activities undertaken in relation to MSO products by regulated entities; or\n (b) the refining of FSSP fuels.\n (2) Without limiting subsection (1), rules made for the purposes of that subsection may do any of the following:\n (a) empower the Secretary to require an audit to be conducted;\n (b) prescribe matters to which an audit may relate or be required by the Secretary to relate;\n (c) prescribe persons who are authorised to conduct audits;\n (d) require reports of audits to accompany reports given under section 11 or otherwise be given to the Secretary.\n (3) The following expressions used in subsection (1) have the same meaning as in the Fuel Security Act 2021:\n (a) FSSP fuels;\n (b) MSO activity;\n (c) MSO product;\n (d) regulated entity.","sortOrder":18},{"sectionNumber":"13C","sectionType":"section","heading":"Duty to provide reasonable facilities and assistance for audit","content":"#### 13C Duty to provide reasonable facilities and assistance for audit\n\n (1) A person affected by an audit required to be conducted under rules made for the purposes of subsection 13B(1) must provide the person conducting the audit (the audit team leader), and any person assisting the audit team leader in the conduct of the audit, with all reasonable facilities and assistance necessary for the effective exercise of the audit team leader’s duties in relation to the audit.\n\nCivil penalty: 250 penalty units.\n\n (2) A person is affected by an audit if the person is any of the following:\n (a) the person being audited;\n (b) if the audit relates to compliance with section 11 so far as that section relates to the giving of reports that relate to MSO activities undertaken in relation to MSO products by a regulated entity:\n (i) the regulated entity; or\n (ii) if the regulated entity has an Australian controlling corporation—the Australian controlling corporation; or\n (iii) any entity in possession of stocks of an MSO product that are held (within the meaning of section 19 of the Fuel Security Act 2021) by the regulated entity;\n (c) if the audit relates to compliance with section 11 so far as that section relates to the giving of reports that relate to the refining of FSSP fuels by a constitutional corporation—the constitutional corporation.\n (3) The following expressions used in subsection (2) have the same meaning as in the Fuel Security Act 2021:\n (a) FSSP fuels;\n (b) MSO activity;\n (c) MSO product;\n (d) regulated entity.","sortOrder":19},{"sectionNumber":"13D","sectionType":"section","heading":"Duty to comply with requirements in relation to report of audit","content":"#### 13D Duty to comply with requirements in relation to report of audit\n\n (1) A person who is required to give the Secretary a report under section 11 must comply with any rules prescribed for the purposes of subsection 13B(1) requiring a report of an audit to accompany the report under section 11.\n\nCivil penalty: 250 penalty units.\n\n (2) A person who is required by any rules prescribed for the purposes of subsection 13B(1) to give a report of an audit to the Secretary must give the report of the audit to the Secretary in accordance with the rules.\n\nCivil penalty: 250 penalty units.","sortOrder":20},{"sectionNumber":"Division 3","sectionType":"division","heading":"Information‑gathering powers","content":"An Act to provide for the reporting and dissemination of information relating to petroleum, other fuels and fuel‑related products, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act is the Petroleum and Other Fuels Reporting Act 2017.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this Act

The day after this Act receives the Royal Assent.

24 August 2017

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n#### 3 Objects of this Act\n\n The objects of this Act are the following:\n (a) to assist the Commonwealth to monitor fuel security to aid the Commonwealth to develop policy relating to the prevention of, preparation for, or management of, fuel supply disruptions or potential disruptions;\n (b) to assist the Commonwealth to give effect to Australia’s obligations under the Agreement, or under any other international agreement to which Australia is a party relating to:\n (i) international energy security; or\n (ii) the reporting of data relating to petroleum, other fuels or fuel‑related products;\n (c) to facilitate the publication of information relating to Australia’s petroleum and other fuel markets;\n (d) to support the implementation of the Fuel Security Act 2021.\n\n#### 4 Simplified outline of this Act\n\nThis Act requires the reporting of certain information relating to fuels and fuel‑related products.\n\nThe Secretary may collect information relating to fuels and fuel‑related products. The Secretary may publish such information, unless the information is likely to enable the identification of a person or is commercial‑in‑confidence.\n\nThere are protections for sensitive information.\n\n#### 5 Definitions\n\n (1) In this Act:\n\n> affected: see subsection 13C(2).\n\n> Agreement means the Agreement on an International Energy Program, done at Paris on 18 November 1974.\n\n> Note: The Agreement is in Australian Treaty Series 1979 No. 7 (\\[1979\\] ATS 7) and could in 2017 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> civil penalty provision has the same meaning as in the Regulatory Powers Act.\n\n> commercial‑in‑confidence has the meaning given by section 6.\n\n> constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.\n\n> constitutional trade and commerce means the following:\n\n (a) trade or commerce between Australia and places outside Australia;\n (b) trade or commerce among the States;\n (c) trade or commerce within a Territory, between a State and a Territory or between 2 Territories.\n\n> covered activity means:\n\n (a) producing a covered product; or\n (b) refining a covered product; or\n (c) wholesaling a covered product; or\n (d) holding stock of a covered product; or\n (e) importing a covered product; or\n (f) exporting a covered product; or\n (g) any other activity, in relation to a covered product, prescribed by the rules for the purposes of this paragraph.\n\n> covered product means:\n\n (a) crude oil; or\n (b) condensate; or\n (c) liquefied petroleum gas; or\n (d) natural gas liquid; or\n (e) gasoline; or\n (f) diesel; or\n (g) kerosene; or\n (h) fuel oil; or\n (i) heating oil; or\n (j) naphtha; or\n (k) compressed natural gas; or\n (l) liquefied natural gas; or\n (m) an oil, lubricant or grease; or\n (n) paraffin wax; or\n (o) a petroleum‑based solvent; or\n (p) petroleum coke; or\n (q) bitumen; or\n (r) biofuel; or\n (s) hydrogen; or\n (t) any other fuel prescribed by the rules for the purposes of this paragraph; or\n (u) any other fuel‑related product prescribed by the rules for the purposes of this paragraph.\n\n> entrusted person means:\n\n (a) the Secretary; or\n (b) an APS employee in the Department; or\n (c) any other person employed or engaged by the Department.\n\n> fuel means any product that produces energy through a chemical reaction.\n\n> Note: Examples of a fuel include petroleum, hydrogen and biofuel.\n\n> fuel information means:\n\n (a) any raw data, or any value added information product, that relates to:\n (i) covered activities; or\n (ii) the quantity, quality or characteristics of covered products; or\n (iii) the holding (within the meaning of section 19 of the Fuel Security Act 2021) of stocks of covered products that are MSO products (within the meaning of that Act); or\n (b) any metadata that describes data of a kind referred to in paragraph (a);\n and includes contextual information relating to covered products (such as the location, control and ownership of covered products).\n\n> fuel‑related product means a product that is not a fuel, but:\n\n (a) is derived from a fuel; or\n (b) is an input into or an output from the production or refining of a fuel.\n\n> holding stock of a covered product means:\n\n (a) keeping a covered product in storage (whether on land or at sea), but does not include:\n (i) storing a covered product in a service station, retail store, personal vehicle, road tanker, rail tank car or pipeline; or\n (ii) keeping a covered product wholly or principally for private or domestic use; or\n (b) holding, in circumstances prescribed by the rules for the purposes of this paragraph, a contractual right to take possession of a covered product.\n\n> Note: See also subsection (4).\n\n> international energy security body means a body established under:\n\n (a) the Agreement; or\n (b) any other agreement with one or more countries, to which Australia is a party, relating to:\n (i) international energy security; or\n (ii) the reporting of data relating to petroleum, other fuels or fuel‑related products.\n\n> offence against this Act includes an offence against Chapter 7 of the Criminal Code that relates to this Act.\n\n> offshore area, in relation to a State or Territory, has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2006.\n\n> person has a meaning affected by section 38.\n\n> personal information has the same meaning as in the Privacy Act 1988.\n\n> producing a covered product means recovering a covered product through a process of extraction or otherwise creating a covered product, but does not include refining a covered product.\n\n> protected information means fuel information that is personal information, or fuel information that is commercial‑in‑confidence, that:\n\n (a) is obtained under, or in accordance with, this Act, the Fuel Security Act 2021, section 95ZPA of the Competition and Consumer Act 2010 or subsection 355‑65(8) in Schedule 1 to the Taxation Administration Act 1953; or\n (b) is derived from a record of personal information, or information that is commercial‑in‑confidence, that was made under, or in accordance with, this Act, the Fuel Security Act 2021 or a provision referred to in paragraph (a); or\n (c) is derived from a disclosure or use of personal information, or information that is commercial‑in‑confidence, that was made under, or in accordance with, this Act, the Fuel Security Act 2021 or a provision referred to in paragraph (a).\n\n> Note: For the meaning of commercial‑in‑confidence, see section 6.\n\n> refining a covered product means transforming a covered product into another covered product, or recycling or re‑refining a covered product.\n\n> regulated entity means:\n\n (a) a constitutional corporation; or\n (b) a trust, all of the trustees of which are constitutional corporations; or\n (c) a body corporate that is incorporated in a Territory; or\n (d) a body corporate that is taken to be registered in a Territory under section 119A of the Corporations Act 2001; or\n (e) a trust, if the proper law of the trust and the law of the trust’s administration are the law of a Territory; or\n (f) an entity, the core or routine activities of which are carried out in or in connection with a Territory.\n\n> Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.\n\n> rules means rules made under section 41.\n\n> Secretary means the Secretary of the Department.\n\n> statistical fuel information means fuel information that is statistical information.\n\n> wholesaling a covered product means:\n\n (a) entering a covered product for home consumption (within the meaning of the Customs Act 1901 or the Excise Act 1901); or\n (b) if a covered product is not subject to duty of excise or duty of customs—removing the covered product from an import terminal or domestic production facilities (such as a refinery); or\n (c) if another activity is prescribed by the rules for the purposes of this paragraph for a kind of covered product—undertaking that activity in relation to the kind of product.\n (2) The rules must not prescribe a fuel for the purposes of paragraph (t) of the definition of covered product in subsection (1) unless the Minister is satisfied that prescribing the fuel will promote the objects of this Act.\n (3) The rules must not prescribe a fuel‑related product for the purposes of paragraph (u) of the definition of covered product in subsection (1) unless the Minister is satisfied that prescribing the product will assist the Commonwealth to give effect to Australia’s obligations, relating to the reporting of data relating to petroleum, other fuels or fuel‑related products, under:\n (a) the Agreement; or\n (b) any other agreement with one or more countries.\n (4) A person is taken to be holding stock of a covered product that is an MSO product within the meaning of the Fuel Security Act 2021 if the person holds stocks of that product within the meaning of section 19 of that Act.\n\n#### 6 Meaning of commercial‑in‑confidence\n\n Information is commercial‑in‑confidence if the Secretary is satisfied that:\n (a) release of the information would cause competitive detriment to a person; and\n (b) the information is not in the public domain; and\n (c) the information is not required to be disclosed under another law of the Commonwealth, a State or a Territory; and\n (d) the information is not readily discoverable.\n\n#### 7 Act binds the 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:\n (a) prosecuted for an offence; or\n (b) subject to civil proceedings for a civil penalty order under Part 4 of the Regulatory Powers Act; or\n (c) given an infringement notice under Part 5 of the Regulatory Powers Act.\n\n#### 8 Offshore areas\n\n (1) This Act applies in relation to the offshore areas in respect of the States and Territories as if references in this Act to Australia, when used in a geographical sense, included references to the offshore areas in respect of the States and Territories.\n (2) The extended application given to this Act by subsection (1) extends only in relation to:\n (a) acts, matters and things directly or indirectly connected with exploration of, or exploitation of the natural resources of, the continental shelf of Australia; and\n (b) acts done by or in relation to, and matters, circumstances and things affecting, a person who is in an offshore area for a reason directly or indirectly connected with such exploration or exploitation.\n\n#### 9 Concurrent operation of State and Territory laws\n\n This Act does not exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act.\n\n## Part 2—Reports of fuel information and information‑gathering powers\n\n### Division 1—Introduction\n\n#### 10 Simplified outline of this Part\n\nReports must be given to the Secretary if certain activities (called covered activities) are undertaken in relation to certain fuels and fuel‑related products (called covered products).\n\nThe rules may set out exceptions to the duty to report. The Secretary may determine that a particular person is not required to give a report in particular circumstances.\n\nThe Secretary may request information or documents relating to Australia’s market for covered products if the Secretary reasonably believes there is a disruption to Australia’s fuel supply which significantly impacts Australia’s fuel market.\n\n### Division 2—Reports of fuel information\n\n#### 11 Reports of fuel information to be given to the Secretary\n\n (1) This section applies if:\n (a) a covered activity of a kind prescribed by the rules for the purposes of this subsection is undertaken in relation to a covered product of a kind prescribed by the rules in relation to the covered activity for the purposes of this subsection; and\n (b) the covered activity is undertaken by a regulated entity; and\n (c) the covered activity is undertaken in whichever of the following circumstances is prescribed by the rules in relation to the covered activity:\n (i) in Australia;\n (ii) outside Australia, in connection with business carried on in Australia by the regulated entity;\n (iii) in the Greater Sunrise special regime area (within the meaning of the Seas and Submerged Lands Act 1973), in connection with business carried on in that area by the regulated entity.\n (2) The person prescribed by the rules must give the Secretary a report in accordance with this section.\n\nCivil penalty: 250 penalty units.\n\n (3) To avoid doubt, rules made for the purposes of subsection (2) may prescribe more than one person who must give a report in relation to the same kind of covered activity and the same kind of covered product.\n (4) A report under subsection (2) must:\n (a) include the fuel information, in relation to the covered activity or the covered product, that is prescribed by the rules; and\n (b) be given in the manner and form approved in writing by the Secretary; and\n (c) be given to the Secretary within the period prescribed by the rules.\n\n> Note 1: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.\n\n> Note 2: A person may commit an offence if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code). There is also a civil penalty for persons providing false or misleading information in relation to the Fuel Security Act 2021 (see section 13A of this Act).\n\n (5) Rules made for the purposes of paragraph (4)(a) may prescribe different requirements for:\n (a) different covered activities; or\n (b) different covered products; or\n (c) reports by different persons.\n (6) Without limiting paragraph (4)(b), the Secretary may approve:\n (a) electronic communication as a manner in which a report must be given; or\n (b) more than one manner for giving a report; or\n (c) different forms for different covered activities, different covered products or reports by different persons; or\n (d) a single form for more than one report.\n (7) Rules made for the purposes of paragraph (4)(c) may prescribe different periods for:\n (a) different covered activities; or\n (b) different covered products; or\n (c) reports by different persons.\n (8) Subsections (5), (6) and (7) do not limit subsection 33(3A) of the Acts Interpretation Act 1901.\n (9) A covered activity that is importing or exporting a covered product is taken to be undertaken in Australia for the purposes of subparagraph (1)(c)(i) if:\n (a) for importing—the product is imported to Australia; or\n (b) for exporting—the product is exported from Australia.\n\n#### 12 Extended application of section 11\n\n (1) Without limiting the effect of section 11 apart from this section, section 11 also has effect as provided by this section.\n (2) To avoid doubt, no subsection of this section limits the operation of any other subsection of this section.\n Census and statistics power\n (3) Section 11 also has the effect it would have if:\n (a) each reference in subsection 11(1) to a regulated entity included a reference to a person who is not a regulated entity; and\n (b) the reference in paragraph 11(4)(a) to fuel information were expressly confined to a reference to statistical fuel information.\n External affairs power\n (4) Section 11 also has the effect it would have if:\n (a) each reference in subsection 11(1) to a regulated entity included a reference to a person who is not a regulated entity; and\n (b) the reference in paragraph 11(4)(a) to fuel information were expressly confined to fuel information that is necessary to give effect to Australia’s rights or obligations under:\n (i) the Agreement; or\n (ii) any other agreement with one or more countries.\n (5) Section 11 also has the effect it would have if:\n (a) each reference in subsection 11(1) to a regulated entity included a reference to a person who is not a regulated entity; and\n (b) subparagraph 11(1)(c)(i) were omitted.\n Trade and commerce power\n (6) Section 11 also has the effect it would have if:\n (a) each reference in subsection 11(1) to a regulated entity included a reference to a person who is not a regulated entity; and\n (b) the following paragraph were added at the end of that subsection:\n “; and (d) the covered activity is undertaken in the course of or in relation to constitutional trade and commerce.”.\n\n#### 13 Exceptions to duty to report\n\n Exceptions prescribed by the rules\n (1) Subsection 11(2) does not apply in the circumstances prescribed by the rules.\n\n> Note: A person bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n (2) Without limiting subsection (1), the rules must prescribe that subsection 11(2) does not apply in circumstances relating to a threshold or thresholds prescribed by, or worked out in accordance with, the rules.\n Exemptions by the Secretary\n (3) Subsection 11(2) does not apply to a particular person, in relation to a particular kind of covered activity and a particular kind of covered product, if the Secretary:\n (a) is satisfied that, in all the circumstances, it is not appropriate for that subsection to apply to the person in relation to the covered activity and the covered product; and\n (b) makes a written determination to that effect.\n\n> Note: A person bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n (4) A determination under paragraph (3)(b) is not a legislative instrument.\n\n#### 13A Civil penalty for false or misleading information relating to Fuel Security Act 2021\n\n A person must not, in a report under section 11, provide information that:\n (a) relates to:\n (i) whether a regulated entity that is subject to the minimum stockholding obligation under the Fuel Security Act 2021 is complying with section 7 of that Act; or\n (ii) whether fuel security services payment is payable to a constitutional corporation under the Fuel Security Act 2021; and\n (b) is false or misleading in a material particular, or omits a matter or thing without which the information is misleading in a material particular.\n\nCivil penalty: 300 penalty units.\n\n#### 13B Compliance audits relating to the Fuel Security Act 2021\n\n (1) The rules may make provision in relation to the auditing of compliance with section 11, so far as that section relates to the giving of reports that relate to:\n (a) MSO activities undertaken in relation to MSO products by regulated entities; or\n (b) the refining of FSSP fuels.\n (2) Without limiting subsection (1), rules made for the purposes of that subsection may do any of the following:\n (a) empower the Secretary to require an audit to be conducted;\n (b) prescribe matters to which an audit may relate or be required by the Secretary to relate;\n (c) prescribe persons who are authorised to conduct audits;\n (d) require reports of audits to accompany reports given under section 11 or otherwise be given to the Secretary.\n (3) The following expressions used in subsection (1) have the same meaning as in the Fuel Security Act 2021:\n (a) FSSP fuels;\n (b) MSO activity;\n (c) MSO product;\n (d) regulated entity.\n\n#### 13C Duty to provide reasonable facilities and assistance for audit\n\n (1) A person affected by an audit required to be conducted under rules made for the purposes of subsection 13B(1) must provide the person conducting the audit (the audit team leader), and any person assisting the audit team leader in the conduct of the audit, with all reasonable facilities and assistance necessary for the effective exercise of the audit team leader’s duties in relation to the audit.\n\nCivil penalty: 250 penalty units.\n\n (2) A person is affected by an audit if the person is any of the following:\n (a) the person being audited;\n (b) if the audit relates to compliance with section 11 so far as that section relates to the giving of reports that relate to MSO activities undertaken in relation to MSO products by a regulated entity:\n (i) the regulated entity; or\n (ii) if the regulated entity has an Australian controlling corporation—the Australian controlling corporation; or\n (iii) any entity in possession of stocks of an MSO product that are held (within the meaning of section 19 of the Fuel Security Act 2021) by the regulated entity;\n (c) if the audit relates to compliance with section 11 so far as that section relates to the giving of reports that relate to the refining of FSSP fuels by a constitutional corporation—the constitutional corporation.\n (3) The following expressions used in subsection (2) have the same meaning as in the Fuel Security Act 2021:\n (a) FSSP fuels;\n (b) MSO activity;\n (c) MSO product;\n (d) regulated entity.\n\n#### 13D Duty to comply with requirements in relation to report of audit\n\n (1) A person who is required to give the Secretary a report under section 11 must comply with any rules prescribed for the purposes of subsection 13B(1) requiring a report of an audit to accompany the report under section 11.\n\nCivil penalty: 250 penalty units.\n\n (2) A person who is required by any rules prescribed for the purposes of subsection 13B(1) to give a report of an audit to the Secretary must give the report of the audit to the Secretary in accordance with the rules.\n\nCivil penalty: 250 penalty units.\n\n### Division 3—Information‑gathering powers\n\n#### 13E Secretary may require information or documents\n\n Scope\n (1) This section applies if the Secretary reasonably believes that:\n (a) there is a disruption to Australia’s fuel supply; and\n (b) the disruption has had, is having, or is likely to have, a significant impact on Australia’s fuel market.\n Notice\n (2) The Secretary may give a regulated entity a written notice if the Secretary reasonably believes that the entity has information or documents relevant to the Australian market for a covered product.\n (3) Without limiting subsection (2), information or documents relevant to the Australian market for a covered product include information or documents relating to the following:\n (a) the entity’s orders for any upcoming supply of the product to the market, and the scheduled timeframes for that supply;\n (b) the entity’s orders for any upcoming demand for the product by customers;\n (c) stock levels of the product held by the entity.\n Contents of notice\n (4) The notice may require the entity to do either or both of the following:\n (a) to give information specified in the notice to the Secretary within the period and in the manner specified in the notice;\n (b) to produce documents specified in the notice to the Secretary within the period and in the manner specified in the notice.\n\n> Note 1: For civil penalties for failing to comply with a requirement of a notice or for providing false or misleading information or documents, see sections 13G and 13H.\n\n> Note 2: A person may commit an offence if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code).\n\n (5) The notice must set out the effect of the following provisions:\n (a) section 13G;\n (b) section 13H;\n (c) section 137.1 of the Criminal Code (about an offence for giving false or misleading information);\n (d) section 137.2 of the Criminal Code (about an offence for producing false or misleading documents).\n Minimum period for complying with notice\n (6) A period specified under paragraph (4)(a) or (b):\n (a) must be at least 5 business days after the day the notice is given; and\n (b) may be:\n (i) a single period; or\n (ii) a recurring period.\n\n#### 13F Additional operation of section 13E\n\n (1) In addition to the effect of section 13E, that section also has effect as provided by this section.\n Census and statistics power\n (2) Section 13E also has the effect it would have if:\n (a) a reference to a regulated entity included a reference to a person who is not a regulated entity; and\n (b) a reference to information or documents were expressly confined to statistical information or statistical documents.\n External affairs power\n (3) Section 13E also has the effect it would have if:\n (a) a reference to a regulated entity included a reference to a person who is not a regulated entity; and\n (b) a reference to information or documents were expressly confined to information or documents necessary to give effect to Australia’s rights or obligations under:\n (i) the Agreement; or\n (ii) any other agreement with one or more countries.\n\n#### 13G Civil penalty for failing to comply with notice\n\n Civil penalty\n (1) A person contravenes this subsection if:\n (a) the person is given a notice under section 13E; and\n (b) the person fails to comply with a requirement of the notice.\n\nCivil penalty: 250 penalty units.\n\n (2) Subsection (1) does not apply if the person has a reasonable excuse.\n\n> Note: A person bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Continuing contravention\n (3) If a person contravenes subsection (1) by contravening a requirement mentioned in paragraph 13E(4)(a) or (b), the maximum civil penalty for each day that the contravention continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.\n\n> Note: Subsection (1), as it relates to a contravention of a requirement mentioned in paragraph 13E(4)(a) or (b), is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.\n\n#### 13H Civil penalty for false or misleading information or documents\n\n Civil penalty\n (1) A person contravenes this subsection if:\n (a) the person is given a notice under section 13E; and\n (b) the person gives information or produces a document that is false or misleading in a material particular, or omits a matter or thing without which the information or the document is misleading in a material particular.\n\nCivil penalty: 300 penalty units.\n\n (2) Subsection (1) does not apply if the person has a reasonable excuse.\n\n> Note: A person bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n## Part 3—Collection and publication of fuel information\n\n#### 14 Simplified outline of this Part\n\nThis Part permits the Secretary to collect fuel information.\n\nFuel information is raw data or value added information product that relates to covered activities, or to the quantity, quality or characteristics of covered products, or to the holding (within the meaning of the Fuel Security Act 2021) of certain covered products. Fuel information includes metadata describing such data, and contextual information.\n\nThe Secretary may publish or make available fuel information. The information must not be likely to enable the identification of a person or be commercial‑in‑confidence.\n\n#### 15 Collection of fuel information\n\n The Secretary may collect fuel information.\n\n#### 16 Publication of fuel information\n\n (1) The Secretary may, in such manner as the Secretary thinks appropriate, cause to be published or made available statistical fuel information.\n (2) The Secretary may, in such manner as the Secretary thinks appropriate, cause to be published or made available fuel information that is not statistical fuel information.\n (3) The Secretary must not cause to be published or made available information under this section if the information is:\n (a) likely to enable the identification of a person; or\n (b) commercial‑in‑confidence.\n\n> Note: An entrusted person may make a record of or use protected information for the purpose of the publication or making available of information under this section: see section 22.\n\n#### 17 Severability—publication of fuel information\n\n (1) Without limiting the effect of subsection 16(2) apart from this section, subsection 16(2) also has effect as provided by this section.\n (2) To avoid doubt, no subsection of this section limits the operation of any other subsection of this section.\n (3) Subsection 16(2) also has the effect it would have if that subsection were, by express provision, confined to the communication of information by electronic means.\n (4) Subsection 16(2) also has the effect it would have if the reference in that subsection to fuel information that is not statistical fuel information were, by express provision, confined to information that relates to the affairs of a regulated entity or was obtained from a regulated entity.\n (5) Subsection 16(2) also has the effect it would have if the reference in that subsection to fuel information that is not statistical fuel information were, by express provision, confined to information the publication or making available of which is necessary to give effect to Australia’s rights or obligations under:\n (a) the Agreement; or\n (b) any other agreement with one or more countries.\n (6) Subsection 16(2) also has the effect it would have if the reference in that subsection to fuel information that is not statistical fuel information were, by express provision, confined to information relating to acts or omissions that occur outside Australia.\n (7) Subsection 16(2) also has the effect it would have if the reference in that subsection to fuel information that is not statistical fuel information were, by express provision, confined to information relating to acts or omissions in the course of or in relation to constitutional trade and commerce.\n\n#### 18 Other powers or functions not affected\n\n This Part does not, by implication, limit any other power or function of the Secretary to collect, publish, or otherwise deal with information.\n\n## Part 4—Secrecy and disclosure\n\n### Division 1—Introduction\n\n#### 19 Simplified outline of this Part\n\nThis Part makes it an offence for an entrusted person to record, use or disclose protected information, except in circumstances set out in this Part.\n\nThis Part also authorises certain fuel information to be disclosed to the Secretary.\n\n### Division 2—Secrecy\n\n#### 20 Secrecy\n\n Offence\n (1) A person commits an offence if:\n (a) the person is, or has been, an entrusted person; and\n (b) the person has obtained information in his or her capacity as an entrusted person; and\n (c) the information is protected information; and\n (d) the person:\n (i) makes a record of the information; or\n (ii) uses the information; or\n (iii) discloses the information to another person.\n\nPenalty: Imprisonment for 2 years.\n\n Exceptions\n (2) Subsection (1) does not apply if:\n (a) the conduct is authorised by:\n (i) this Act or another law of the Commonwealth; or\n (ii) a law of a State or Territory prescribed by the rules; or\n (b) the conduct is in compliance with a requirement under:\n (i) this Act or another law of the Commonwealth; or\n (ii) a law of a State or a Territory prescribed by the rules.\n (3) Subsection (1) does not apply if:\n (a) the person makes a record of, discloses or otherwise uses information; and\n (b) the information is commercial‑in‑confidence; and\n (c) the person does not know that the information is commercial‑in‑confidence.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) and (3) (see subsection 13.3(3) of the Criminal Code).\n\n Implied freedom of political communication\n (4) This section does not apply to the extent (if any) that it would infringe any constitutional doctrine of implied freedom of political communication.\n\n#### 21 Exercising powers, or performing functions or duties, as an entrusted person\n\n An entrusted person may make a record of, use or disclose protected information if the record is made, or the information is used or disclosed, in the course of exercising powers, or performing functions or duties, as an entrusted person.\n\n> Note: The powers, functions and duties of entrusted persons are not limited to those conferred or imposed by this Act.\n\n#### 22 Recording and use of protected information in relation to the publication of fuel information\n\n An entrusted person may:\n (a) make a record of protected information; or\n (b) use protected information;\n for the purpose of the publication or making available of fuel information under section 16.\n\n#### 23 Disclosure to the Minister\n\n (1) An entrusted person may:\n (a) disclose protected information to the Minister; and\n (b) make a record of or use protected information for the purpose of disclosing protected information to the Minister.\n (2) An entrusted person may:\n (a) disclose protected information to a person employed by the Minister under the Members of Parliament (Staff) Act 1984; and\n (b) make a record of or use protected information for the purposes of disclosing the information under paragraph (a).\n\n#### 24 Disclosure to certain agencies, bodies or persons\n\n (1) The Secretary may disclose:\n (a) protected information to an agency, body or person referred to in paragraph (2)(a), (b), (c) or (d); or\n (b) protected information that is statistical information to a body referred to in paragraph (2)(e);\n if the Secretary reasonably believes that the information will enable or assist the agency, body or person to exercise its powers, or perform its functions or duties.\n (2) The agencies, bodies and persons to which protected information may be disclosed under this section are the following:\n (a) the Australian Competition and Consumer Commission;\n (b) the Commissioner of Taxation;\n (c) an agency or authority of the Commonwealth prescribed by the rules;\n (d) a State or Territory government, agency or authority prescribed by the rules;\n (e) the International Energy Agency or any other international energy security body prescribed by the rules.\n (3) The Secretary may, in writing, authorise an entrusted person to disclose:\n (a) protected information to an agency, body or person referred to in paragraph (2)(a), (b), (c) or (d); or\n (b) protected information that is statistical information to a body referred to in paragraph (2)(e);\n if the Secretary reasonably believes that the information will enable or assist the agency, body or person to exercise its powers, or perform its functions or duties.\n (4) If an entrusted person is authorised to disclose information under subsection (3), that person may disclose the information.\n (5) An entrusted person may:\n (a) make a record of protected information; or\n (b) use protected information;\n for the purpose of disclosing protected information under subsection (1) or (4).\n Conditions\n (6) The Secretary may, by writing, impose conditions to be complied with in relation to protected information disclosed under subsection (1) or (4), other than information disclosed to the Australian Competition and Consumer Commission.\n (7) A person commits an offence if:\n (a) the person is subject to a condition under subsection (6); and\n (b) the person engages in conduct; and\n (c) the person’s conduct breaches the condition.\n\nPenalty: Imprisonment for 2 years.\n\n (8) An instrument under subsection (6) is not a legislative instrument.\n Protected information disclosed to the Australian Competition and Consumer Commission\n (9) Protected information disclosed under subsection (1) or (4) to the Australian Competition and Consumer Commission is taken, for the purposes of Part VIIA of the Competition and Consumer Act 2010, to be protected information within the meaning of section 95ZP of that Act.\n\n#### 25 Disclosure with consent\n\n An entrusted person may make a record of, use or disclose protected information that relates to the affairs of a person if:\n (a) the person has consented to the recording, use or disclosure; and\n (b) the recording, use or disclosure is in accordance with that consent.\n\n#### 26 Disclosure of publicly available information\n\n An entrusted person may:\n (a) make a record of protected information; or\n (b) use protected information; or\n (c) disclose protected information to another person;\n if the protected information has already been lawfully made available to the public.\n\n#### 27 Disclosure to the person to whom the protected information relates\n\n An entrusted person may disclose protected information to the person to whom the protected information relates.\n\n#### 28 Disclosure to the person from whom the protected information was obtained\n\n An entrusted person may disclose protected information to the person from whom the information was obtained.\n\n#### 29 Disclosure to a court, tribunal etc.\n\n An entrusted person may make a record of, use or disclose protected information, or a document containing protected information:\n (a) for the purposes of proceedings before:\n (i) a court; or\n (ii) a tribunal, authority or person that has the power to require the answering of questions or the production of documents; or\n (b) in accordance with an order of:\n (i) a court; or\n (ii) a tribunal, authority or person that has the power to require the answering of questions or the production of documents.\n\n#### 30 Disclosure for purposes of law enforcement\n\n (1) The Secretary may disclose protected information to an agency referred to in subsection (2), if:\n (a) the Secretary reasonably believes that the disclosure of the information is necessary for:\n (i) the enforcement of the criminal law; or\n (ii) the enforcement of a law imposing a pecuniary penalty; or\n (iii) the protection of the public revenue; and\n (b) the protected information is disclosed for the purposes of that enforcement or protection.\n (2) The agencies to which the Secretary may disclose protected information under this section are:\n (a) a Department, agency or authority of the Commonwealth, a State or a Territory; or\n (b) the Australian Federal Police; or\n (c) the police force or police service of a State or Territory;\n whose functions include that enforcement or protection.\n (3) The Secretary may, in writing, authorise an entrusted person to disclose protected information to an agency referred to in subsection (2), if:\n (a) the Secretary reasonably believes that the disclosure of the information is necessary for:\n (i) the enforcement of the criminal law; or\n (ii) the enforcement of a law imposing a pecuniary penalty; or\n (iii) the protection of the public revenue; and\n (b) the protected information is disclosed for the purposes of that enforcement or protection.\n (4) If a person is authorised to disclose information under subsection (3), that person may disclose the information.\n (5) An entrusted person may:\n (a) make a record of protected information; or\n (b) use protected information;\n for the purpose of disclosing protected information under subsection (1) or (4).\n Conditions\n (6) The Secretary may, by writing, impose conditions to be complied with in relation to protected information disclosed under subsection (1) or (4).\n (7) A person commits an offence if:\n (a) the person is subject to a condition under subsection (6); and\n (b) the person engages in conduct; and\n (c) the person’s conduct breaches the condition.\n\nPenalty: Imprisonment for 2 years.\n\n (8) An instrument under subsection (6) is not a legislative instrument.\n\n### Division 3—Disclosure\n\n#### 31 Disclosure of information to the Secretary\n\n (1) An entrusted person (within the meaning of the Australian Border Force Act 2015) may give:\n (a) the Secretary; or\n (b) an entrusted person (within the meaning of this Act) authorised under subsection (3);\n such Immigration and Border Protection information (within the meaning of the Australian Border Force Act 2015) that is fuel information as the Secretary reasonably believes will enable or assist him or her to perform or exercise any of his or her functions or powers under this Act or the Fuel Security Act 2021.\n (2) The information mentioned in subsection (1) may include personal information.\n (3) The Secretary may, in writing, authorise an entrusted person for the purposes of paragraph (1)(b).\n\n> Note: This section constitutes an authorisation for the purposes of the Privacy Act 1988, paragraph 42(2)(c) of the Australian Border Force Act 2015 and other laws.\n\n## Part 5—Compliance and enforcement\n\n#### 32 Simplified outline of this Part\n\nCivil penalty orders may be sought under Part 4 of the Regulatory Powers Act from a relevant court in relation to contraventions of the requirement in section 11 to give reports to the Secretary and the requirement in section 13E to give information or produce documents.\n\nAn authorised person may enter premises under a warrant or with consent of the occupier and exercise monitoring powers there under Part 2 of the Regulatory Powers Act, for the purposes of determining whether information given in compliance or purported compliance with section 11 is correct.\n\nA person can be given an infringement notice under Part 5 of the Regulatory Powers Act for contravening section 11 or section 13E.\n\nA person who is given an infringement notice can choose to pay an amount as an alternative to having court proceedings brought against the person for the contravention. If the person does not choose to pay the amount, proceedings can be brought against the person for the contravention.\n\n#### 33 Monitoring powers\n\n Information subject to monitoring\n (1) Information given in compliance or purported compliance with section 11 is subject to monitoring under Part 2 of the Regulatory Powers Act.\n\n> Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether the information is correct. It includes powers of entry and inspection.\n\n Related provisions\n (1A) For the purposes of Part 2 of the Regulatory Powers Act, as that Act applies in relation to the information mentioned in subsection (1), each of the following provisions is related to the provision mentioned in subsection (1):\n (a) a civil penalty provision of the Fuel Security Act 2021;\n (b) a civil penalty provision of the Fuel Quality Standards Act 2000;\n (c) an offence provision of the Fuel Quality Standards Act 2000.\n Authorised applicant, authorised person, issuing officer, relevant chief executive and relevant court\n (2) For the purposes of Part 2 of the Regulatory Powers Act, as that Part applies in relation to the information mentioned in subsection (1):\n (b) the Secretary is an authorised applicant; and\n (c) a person appointed under section 34 is an authorised person; and\n (d) a magistrate is an issuing officer; and\n (e) the Secretary is the relevant chief executive; and\n (f) each of the following is a relevant court:\n (i) the Federal Court of Australia;\n (ii) the Federal Circuit and Family Court of Australia (Division 2);\n (iii) a court of a State or Territory that has jurisdiction in relation to the matter.\n Extension to offshore areas\n (3) Part 2 of the Regulatory Powers Act, as that Part applies in relation to information mentioned in subsection (1), extends to each offshore area.\n\n#### 34 Appointment of authorised persons\n\n (1) The Secretary may, in writing, appoint a person who is one of the following as an authorised person for the purposes of this Act:\n (a) an APS employee in the Department;\n (b) a person who is engaged as a consultant or contractor to perform services in relation to this Act.\n (2) The Secretary must not appoint a person as an authorised person unless the Secretary is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an authorised person.\n (3) An authorised person must, in exercising powers as such, comply with any directions of the Secretary.\n (4) If a direction is given under subsection (3) in writing, the direction is not a legislative instrument.\n\n#### 35 Civil penalty provisions\n\n Enforceable civil penalty provisions\n (1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.\n\n> Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.\n\n Authorised applicant and relevant court\n (2) For the purposes of Part 4 of the Regulatory Powers Act:\n (a) the Secretary is an authorised applicant in relation to the civil penalty provisions of this Act; and\n (b) each of the following is a relevant court in relation to the civil penalty provisions of this Act:\n (i) the Federal Court of Australia;\n (ii) the Federal Circuit and Family Court of Australia (Division 2);\n (iii) a court of a State or Territory that has jurisdiction in relation to the matter.\n Extension to offshore areas\n (3) Part 4 of the Regulatory Powers Act, as it applies in relation to the civil penalty provisions mentioned in subsection (1), extends to each offshore area.\n\n#### 36 Infringement notices\n\n Provisions subject to an infringement notice\n (1) A civil penalty provision of this Act is subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n Infringement officer and relevant chief executive\n (2) For the purposes of Part 5 of the Regulatory Powers Act:\n (a) the Secretary is an infringement officer in relation to the provisions mentioned in subsection (1); and\n (b) the Secretary is the relevant chief executive in relation to the provisions mentioned in subsection (1).\n Extension to offshore areas\n (3) Part 5 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), extends to each offshore area.\n\n## Part 6—Miscellaneous\n\n#### 37 Simplified outline of this Part\n\nThis Part deals with other matters, such as delegations, reviews of this Act and rules.\n\n#### 38 Treatment of trusts\n\n (1) This Act applies to a trust as if it were a person, but with the changes set out in this section.\n Trusts with a single trustee\n (2) If the trust has a single trustee:\n (a) an obligation that would otherwise be imposed on the trust by this Act is imposed on the trustee instead; and\n (b) an offence against this Act that would otherwise have been committed by the trust is taken to have been committed by the trustee.\n Trusts with multiple trustees\n (3) If the trust has 2 or more trustees:\n (a) an obligation that would otherwise be imposed on the trust by this Act is imposed on each trustee instead, but may be discharged by any of the trustees; and\n (b) an offence against this Act that would otherwise have been committed by the trust is taken to have been committed by each trustee of the trust, at the time the offence was committed, who:\n (i) did the relevant act or made the relevant omission; or\n (ii) aided, abetted, counselled or procured the relevant act or omission; or\n (iii) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the trustee).\n Contraventions of civil penalty provisions\n (4) This section applies to a contravention of a civil penalty provision in a corresponding way to the way in which it applies to an offence.\n\n#### 39 Delegations\n\n (1) The Secretary may, in writing, delegate any or all of his or her functions or powers under:\n (a) section 6 (about commercial‑in‑confidence information); or\n (b) paragraph 11(4)(b) (about approving manners and forms); or\n (c) subsection 13(3) (about exemptions from the duty to report); or\n (ca) rules made for the purposes of subsection 13B(1) (about compliance audits relating to the Fuel Security Act 2021); or\n (cb) section 13E (about requiring information or documents); or\n (d) section 15 (about collection of fuel information); or\n (e) section 16 (about publication of fuel information); or\n (f) section 34 (about appointment of authorised persons); or\n (g) section 35 of the Regulatory Powers Act as the relevant chief executive to issue identity cards to authorised persons;\n to an SES employee, or an acting SES employee, in the Department.\n\n> Note: SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n (2) In performing a function, or exercising a power, under a delegation, the delegate must comply with any directions of the Secretary.\n\n#### 40 Review of operation of this Act\n\n (1) The Minister must cause an independent review to be conducted of the operation of this Act and the rules.\n (2) Without limiting the matters to be covered by the review, the review must consider the following:\n (a) the definition of fuel information in section 5;\n (b) the definition of covered product in section 5;\n (c) the definition of covered activity in section 5.\n (3) The review must be conducted as soon as practicable after the end of 3 years after this section commences.\n (4) The persons who conduct the review must give the Minister a written report of the review.\n (5) The Minister must cause copies of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.\n\n#### 41 Rules\n\n (1) The Minister may, by legislative instrument, make rules prescribing matters:\n (a) required or permitted by this Act to be prescribed by the rules; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (2) To avoid doubt, the rules may not do the following:\n (a) create an offence or civil penalty;\n (b) provide powers of:\n (i) arrest or detention; or\n (ii) entry, search or seizure;\n (c) impose a tax;\n (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n (e) directly amend the text of this Act.","sortOrder":21},{"sectionNumber":"13E","sectionType":"section","heading":"Secretary may require information or documents","content":"#### 13E Secretary may require information or documents\n\n Scope\n (1) This section applies if the Secretary reasonably believes that:\n (a) there is a disruption to Australia’s fuel supply; and\n (b) the disruption has had, is having, or is likely to have, a significant impact on Australia’s fuel market.\n Notice\n (2) The Secretary may give a regulated entity a written notice if the Secretary reasonably believes that the entity has information or documents relevant to the Australian market for a covered product.\n (3) Without limiting subsection (2), information or documents relevant to the Australian market for a covered product include information or documents relating to the following:\n (a) the entity’s orders for any upcoming supply of the product to the market, and the scheduled timeframes for that supply;\n (b) the entity’s orders for any upcoming demand for the product by customers;\n (c) stock levels of the product held by the entity.\n Contents of notice\n (4) The notice may require the entity to do either or both of the following:\n (a) to give information specified in the notice to the Secretary within the period and in the manner specified in the notice;\n (b) to produce documents specified in the notice to the Secretary within the period and in the manner specified in the notice.\n\n> Note 1: For civil penalties for failing to comply with a requirement of a notice or for providing false or misleading information or documents, see sections 13G and 13H.\n\n> Note 2: A person may commit an offence if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code).\n\n (5) The notice must set out the effect of the following provisions:\n (a) section 13G;\n (b) section 13H;\n (c) section 137.1 of the Criminal Code (about an offence for giving false or misleading information);\n (d) section 137.2 of the Criminal Code (about an offence for producing false or misleading documents).\n Minimum period for complying with notice\n (6) A period specified under paragraph (4)(a) or (b):\n (a) must be at least 5 business days after the day the notice is given; and\n (b) may be:\n (i) a single period; or\n (ii) a recurring period.","sortOrder":22},{"sectionNumber":"13F","sectionType":"section","heading":"Additional operation of section 13E","content":"#### 13F Additional operation of section 13E\n\n (1) In addition to the effect of section 13E, that section also has effect as provided by this section.\n Census and statistics power\n (2) Section 13E also has the effect it would have if:\n (a) a reference to a regulated entity included a reference to a person who is not a regulated entity; and\n (b) a reference to information or documents were expressly confined to statistical information or statistical documents.\n External affairs power\n (3) Section 13E also has the effect it would have if:\n (a) a reference to a regulated entity included a reference to a person who is not a regulated entity; and\n (b) a reference to information or documents were expressly confined to information or documents necessary to give effect to Australia’s rights or obligations under:\n (i) the Agreement; or\n (ii) any other agreement with one or more countries.","sortOrder":23},{"sectionNumber":"13G","sectionType":"section","heading":"Civil penalty for failing to comply with notice","content":"#### 13G Civil penalty for failing to comply with notice\n\n Civil penalty\n (1) A person contravenes this subsection if:\n (a) the person is given a notice under section 13E; and\n (b) the person fails to comply with a requirement of the notice.\n\nCivil penalty: 250 penalty units.\n\n (2) Subsection (1) does not apply if the person has a reasonable excuse.\n\n> Note: A person bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Continuing contravention\n (3) If a person contravenes subsection (1) by contravening a requirement mentioned in paragraph 13E(4)(a) or (b), the maximum civil penalty for each day that the contravention continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.\n\n> Note: Subsection (1), as it relates to a contravention of a requirement mentioned in paragraph 13E(4)(a) or (b), is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.","sortOrder":24},{"sectionNumber":"13H","sectionType":"section","heading":"Civil penalty for false or misleading information or documents","content":"#### 13H Civil penalty for false or misleading information or documents\n\n Civil penalty\n (1) A person contravenes this subsection if:\n (a) the person is given a notice under section 13E; and\n (b) the person gives information or produces a document that is false or misleading in a material particular, or omits a matter or thing without which the information or the document is misleading in a material particular.\n\nCivil penalty: 300 penalty units.\n\n (2) Subsection (1) does not apply if the person has a reasonable excuse.\n\n> Note: A person bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).","sortOrder":25},{"sectionNumber":"Part 3","sectionType":"part","heading":"Collection and publication of fuel information","content":"## Part 3—Collection and publication of fuel information","sortOrder":26},{"sectionNumber":"14","sectionType":"section","heading":"Simplified outline of this Part","content":"#### 14 Simplified outline of this Part\n\nThis Part permits the Secretary to collect fuel information.\n\nFuel information is raw data or value added information product that relates to covered activities, or to the quantity, quality or characteristics of covered products, or to the holding (within the meaning of the Fuel Security Act 2021) of certain covered products. Fuel information includes metadata describing such data, and contextual information.\n\nThe Secretary may publish or make available fuel information. The information must not be likely to enable the identification of a person or be commercial‑in‑confidence.","sortOrder":27},{"sectionNumber":"15","sectionType":"section","heading":"Collection of fuel information","content":"#### 15 Collection of fuel information\n\n The Secretary may collect fuel information.","sortOrder":28},{"sectionNumber":"16","sectionType":"section","heading":"Publication of fuel information","content":"#### 16 Publication of fuel information\n\n (1) The Secretary may, in such manner as the Secretary thinks appropriate, cause to be published or made available statistical fuel information.\n (2) The Secretary may, in such manner as the Secretary thinks appropriate, cause to be published or made available fuel information that is not statistical fuel information.\n (3) The Secretary must not cause to be published or made available information under this section if the information is:\n (a) likely to enable the identification of a person; or\n (b) commercial‑in‑confidence.\n\n> Note: An entrusted person may make a record of or use protected information for the purpose of the publication or making available of information under this section: see section 22.","sortOrder":29},{"sectionNumber":"17","sectionType":"section","heading":"Severability—publication of fuel information","content":"#### 17 Severability—publication of fuel information\n\n (1) Without limiting the effect of subsection 16(2) apart from this section, subsection 16(2) also has effect as provided by this section.\n (2) To avoid doubt, no subsection of this section limits the operation of any other subsection of this section.\n (3) Subsection 16(2) also has the effect it would have if that subsection were, by express provision, confined to the communication of information by electronic means.\n (4) Subsection 16(2) also has the effect it would have if the reference in that subsection to fuel information that is not statistical fuel information were, by express provision, confined to information that relates to the affairs of a regulated entity or was obtained from a regulated entity.\n (5) Subsection 16(2) also has the effect it would have if the reference in that subsection to fuel information that is not statistical fuel information were, by express provision, confined to information the publication or making available of which is necessary to give effect to Australia’s rights or obligations under:\n (a) the Agreement; or\n (b) any other agreement with one or more countries.\n (6) Subsection 16(2) also has the effect it would have if the reference in that subsection to fuel information that is not statistical fuel information were, by express provision, confined to information relating to acts or omissions that occur outside Australia.\n (7) Subsection 16(2) also has the effect it would have if the reference in that subsection to fuel information that is not statistical fuel information were, by express provision, confined to information relating to acts or omissions in the course of or in relation to constitutional trade and commerce.","sortOrder":30},{"sectionNumber":"18","sectionType":"section","heading":"Other powers or functions not affected","content":"#### 18 Other powers or functions not affected\n\n This Part does not, by implication, limit any other power or function of the Secretary to collect, publish, or otherwise deal with information.","sortOrder":31},{"sectionNumber":"Part 4","sectionType":"part","heading":"Secrecy and disclosure","content":"An Act to provide for the reporting and dissemination of information relating to petroleum, other fuels and fuel‑related products, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act is the Petroleum and Other Fuels Reporting Act 2017.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this Act

The day after this Act receives the Royal Assent.

24 August 2017

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n#### 3 Objects of this Act\n\n The objects of this Act are the following:\n (a) to assist the Commonwealth to monitor fuel security to aid the Commonwealth to develop policy relating to the prevention of, preparation for, or management of, fuel supply disruptions or potential disruptions;\n (b) to assist the Commonwealth to give effect to Australia’s obligations under the Agreement, or under any other international agreement to which Australia is a party relating to:\n (i) international energy security; or\n (ii) the reporting of data relating to petroleum, other fuels or fuel‑related products;\n (c) to facilitate the publication of information relating to Australia’s petroleum and other fuel markets;\n (d) to support the implementation of the Fuel Security Act 2021.\n\n#### 4 Simplified outline of this Act\n\nThis Act requires the reporting of certain information relating to fuels and fuel‑related products.\n\nThe Secretary may collect information relating to fuels and fuel‑related products. The Secretary may publish such information, unless the information is likely to enable the identification of a person or is commercial‑in‑confidence.\n\nThere are protections for sensitive information.\n\n#### 5 Definitions\n\n (1) In this Act:\n\n> affected: see subsection 13C(2).\n\n> Agreement means the Agreement on an International Energy Program, done at Paris on 18 November 1974.\n\n> Note: The Agreement is in Australian Treaty Series 1979 No. 7 (\\[1979\\] ATS 7) and could in 2017 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> civil penalty provision has the same meaning as in the Regulatory Powers Act.\n\n> commercial‑in‑confidence has the meaning given by section 6.\n\n> constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.\n\n> constitutional trade and commerce means the following:\n\n (a) trade or commerce between Australia and places outside Australia;\n (b) trade or commerce among the States;\n (c) trade or commerce within a Territory, between a State and a Territory or between 2 Territories.\n\n> covered activity means:\n\n (a) producing a covered product; or\n (b) refining a covered product; or\n (c) wholesaling a covered product; or\n (d) holding stock of a covered product; or\n (e) importing a covered product; or\n (f) exporting a covered product; or\n (g) any other activity, in relation to a covered product, prescribed by the rules for the purposes of this paragraph.\n\n> covered product means:\n\n (a) crude oil; or\n (b) condensate; or\n (c) liquefied petroleum gas; or\n (d) natural gas liquid; or\n (e) gasoline; or\n (f) diesel; or\n (g) kerosene; or\n (h) fuel oil; or\n (i) heating oil; or\n (j) naphtha; or\n (k) compressed natural gas; or\n (l) liquefied natural gas; or\n (m) an oil, lubricant or grease; or\n (n) paraffin wax; or\n (o) a petroleum‑based solvent; or\n (p) petroleum coke; or\n (q) bitumen; or\n (r) biofuel; or\n (s) hydrogen; or\n (t) any other fuel prescribed by the rules for the purposes of this paragraph; or\n (u) any other fuel‑related product prescribed by the rules for the purposes of this paragraph.\n\n> entrusted person means:\n\n (a) the Secretary; or\n (b) an APS employee in the Department; or\n (c) any other person employed or engaged by the Department.\n\n> fuel means any product that produces energy through a chemical reaction.\n\n> Note: Examples of a fuel include petroleum, hydrogen and biofuel.\n\n> fuel information means:\n\n (a) any raw data, or any value added information product, that relates to:\n (i) covered activities; or\n (ii) the quantity, quality or characteristics of covered products; or\n (iii) the holding (within the meaning of section 19 of the Fuel Security Act 2021) of stocks of covered products that are MSO products (within the meaning of that Act); or\n (b) any metadata that describes data of a kind referred to in paragraph (a);\n and includes contextual information relating to covered products (such as the location, control and ownership of covered products).\n\n> fuel‑related product means a product that is not a fuel, but:\n\n (a) is derived from a fuel; or\n (b) is an input into or an output from the production or refining of a fuel.\n\n> holding stock of a covered product means:\n\n (a) keeping a covered product in storage (whether on land or at sea), but does not include:\n (i) storing a covered product in a service station, retail store, personal vehicle, road tanker, rail tank car or pipeline; or\n (ii) keeping a covered product wholly or principally for private or domestic use; or\n (b) holding, in circumstances prescribed by the rules for the purposes of this paragraph, a contractual right to take possession of a covered product.\n\n> Note: See also subsection (4).\n\n> international energy security body means a body established under:\n\n (a) the Agreement; or\n (b) any other agreement with one or more countries, to which Australia is a party, relating to:\n (i) international energy security; or\n (ii) the reporting of data relating to petroleum, other fuels or fuel‑related products.\n\n> offence against this Act includes an offence against Chapter 7 of the Criminal Code that relates to this Act.\n\n> offshore area, in relation to a State or Territory, has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2006.\n\n> person has a meaning affected by section 38.\n\n> personal information has the same meaning as in the Privacy Act 1988.\n\n> producing a covered product means recovering a covered product through a process of extraction or otherwise creating a covered product, but does not include refining a covered product.\n\n> protected information means fuel information that is personal information, or fuel information that is commercial‑in‑confidence, that:\n\n (a) is obtained under, or in accordance with, this Act, the Fuel Security Act 2021, section 95ZPA of the Competition and Consumer Act 2010 or subsection 355‑65(8) in Schedule 1 to the Taxation Administration Act 1953; or\n (b) is derived from a record of personal information, or information that is commercial‑in‑confidence, that was made under, or in accordance with, this Act, the Fuel Security Act 2021 or a provision referred to in paragraph (a); or\n (c) is derived from a disclosure or use of personal information, or information that is commercial‑in‑confidence, that was made under, or in accordance with, this Act, the Fuel Security Act 2021 or a provision referred to in paragraph (a).\n\n> Note: For the meaning of commercial‑in‑confidence, see section 6.\n\n> refining a covered product means transforming a covered product into another covered product, or recycling or re‑refining a covered product.\n\n> regulated entity means:\n\n (a) a constitutional corporation; or\n (b) a trust, all of the trustees of which are constitutional corporations; or\n (c) a body corporate that is incorporated in a Territory; or\n (d) a body corporate that is taken to be registered in a Territory under section 119A of the Corporations Act 2001; or\n (e) a trust, if the proper law of the trust and the law of the trust’s administration are the law of a Territory; or\n (f) an entity, the core or routine activities of which are carried out in or in connection with a Territory.\n\n> Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.\n\n> rules means rules made under section 41.\n\n> Secretary means the Secretary of the Department.\n\n> statistical fuel information means fuel information that is statistical information.\n\n> wholesaling a covered product means:\n\n (a) entering a covered product for home consumption (within the meaning of the Customs Act 1901 or the Excise Act 1901); or\n (b) if a covered product is not subject to duty of excise or duty of customs—removing the covered product from an import terminal or domestic production facilities (such as a refinery); or\n (c) if another activity is prescribed by the rules for the purposes of this paragraph for a kind of covered product—undertaking that activity in relation to the kind of product.\n (2) The rules must not prescribe a fuel for the purposes of paragraph (t) of the definition of covered product in subsection (1) unless the Minister is satisfied that prescribing the fuel will promote the objects of this Act.\n (3) The rules must not prescribe a fuel‑related product for the purposes of paragraph (u) of the definition of covered product in subsection (1) unless the Minister is satisfied that prescribing the product will assist the Commonwealth to give effect to Australia’s obligations, relating to the reporting of data relating to petroleum, other fuels or fuel‑related products, under:\n (a) the Agreement; or\n (b) any other agreement with one or more countries.\n (4) A person is taken to be holding stock of a covered product that is an MSO product within the meaning of the Fuel Security Act 2021 if the person holds stocks of that product within the meaning of section 19 of that Act.\n\n#### 6 Meaning of commercial‑in‑confidence\n\n Information is commercial‑in‑confidence if the Secretary is satisfied that:\n (a) release of the information would cause competitive detriment to a person; and\n (b) the information is not in the public domain; and\n (c) the information is not required to be disclosed under another law of the Commonwealth, a State or a Territory; and\n (d) the information is not readily discoverable.\n\n#### 7 Act binds the 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:\n (a) prosecuted for an offence; or\n (b) subject to civil proceedings for a civil penalty order under Part 4 of the Regulatory Powers Act; or\n (c) given an infringement notice under Part 5 of the Regulatory Powers Act.\n\n#### 8 Offshore areas\n\n (1) This Act applies in relation to the offshore areas in respect of the States and Territories as if references in this Act to Australia, when used in a geographical sense, included references to the offshore areas in respect of the States and Territories.\n (2) The extended application given to this Act by subsection (1) extends only in relation to:\n (a) acts, matters and things directly or indirectly connected with exploration of, or exploitation of the natural resources of, the continental shelf of Australia; and\n (b) acts done by or in relation to, and matters, circumstances and things affecting, a person who is in an offshore area for a reason directly or indirectly connected with such exploration or exploitation.\n\n#### 9 Concurrent operation of State and Territory laws\n\n This Act does not exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act.\n\n## Part 2—Reports of fuel information and information‑gathering powers\n\n### Division 1—Introduction\n\n#### 10 Simplified outline of this Part\n\nReports must be given to the Secretary if certain activities (called covered activities) are undertaken in relation to certain fuels and fuel‑related products (called covered products).\n\nThe rules may set out exceptions to the duty to report. The Secretary may determine that a particular person is not required to give a report in particular circumstances.\n\nThe Secretary may request information or documents relating to Australia’s market for covered products if the Secretary reasonably believes there is a disruption to Australia’s fuel supply which significantly impacts Australia’s fuel market.\n\n### Division 2—Reports of fuel information\n\n#### 11 Reports of fuel information to be given to the Secretary\n\n (1) This section applies if:\n (a) a covered activity of a kind prescribed by the rules for the purposes of this subsection is undertaken in relation to a covered product of a kind prescribed by the rules in relation to the covered activity for the purposes of this subsection; and\n (b) the covered activity is undertaken by a regulated entity; and\n (c) the covered activity is undertaken in whichever of the following circumstances is prescribed by the rules in relation to the covered activity:\n (i) in Australia;\n (ii) outside Australia, in connection with business carried on in Australia by the regulated entity;\n (iii) in the Greater Sunrise special regime area (within the meaning of the Seas and Submerged Lands Act 1973), in connection with business carried on in that area by the regulated entity.\n (2) The person prescribed by the rules must give the Secretary a report in accordance with this section.\n\nCivil penalty: 250 penalty units.\n\n (3) To avoid doubt, rules made for the purposes of subsection (2) may prescribe more than one person who must give a report in relation to the same kind of covered activity and the same kind of covered product.\n (4) A report under subsection (2) must:\n (a) include the fuel information, in relation to the covered activity or the covered product, that is prescribed by the rules; and\n (b) be given in the manner and form approved in writing by the Secretary; and\n (c) be given to the Secretary within the period prescribed by the rules.\n\n> Note 1: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.\n\n> Note 2: A person may commit an offence if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code). There is also a civil penalty for persons providing false or misleading information in relation to the Fuel Security Act 2021 (see section 13A of this Act).\n\n (5) Rules made for the purposes of paragraph (4)(a) may prescribe different requirements for:\n (a) different covered activities; or\n (b) different covered products; or\n (c) reports by different persons.\n (6) Without limiting paragraph (4)(b), the Secretary may approve:\n (a) electronic communication as a manner in which a report must be given; or\n (b) more than one manner for giving a report; or\n (c) different forms for different covered activities, different covered products or reports by different persons; or\n (d) a single form for more than one report.\n (7) Rules made for the purposes of paragraph (4)(c) may prescribe different periods for:\n (a) different covered activities; or\n (b) different covered products; or\n (c) reports by different persons.\n (8) Subsections (5), (6) and (7) do not limit subsection 33(3A) of the Acts Interpretation Act 1901.\n (9) A covered activity that is importing or exporting a covered product is taken to be undertaken in Australia for the purposes of subparagraph (1)(c)(i) if:\n (a) for importing—the product is imported to Australia; or\n (b) for exporting—the product is exported from Australia.\n\n#### 12 Extended application of section 11\n\n (1) Without limiting the effect of section 11 apart from this section, section 11 also has effect as provided by this section.\n (2) To avoid doubt, no subsection of this section limits the operation of any other subsection of this section.\n Census and statistics power\n (3) Section 11 also has the effect it would have if:\n (a) each reference in subsection 11(1) to a regulated entity included a reference to a person who is not a regulated entity; and\n (b) the reference in paragraph 11(4)(a) to fuel information were expressly confined to a reference to statistical fuel information.\n External affairs power\n (4) Section 11 also has the effect it would have if:\n (a) each reference in subsection 11(1) to a regulated entity included a reference to a person who is not a regulated entity; and\n (b) the reference in paragraph 11(4)(a) to fuel information were expressly confined to fuel information that is necessary to give effect to Australia’s rights or obligations under:\n (i) the Agreement; or\n (ii) any other agreement with one or more countries.\n (5) Section 11 also has the effect it would have if:\n (a) each reference in subsection 11(1) to a regulated entity included a reference to a person who is not a regulated entity; and\n (b) subparagraph 11(1)(c)(i) were omitted.\n Trade and commerce power\n (6) Section 11 also has the effect it would have if:\n (a) each reference in subsection 11(1) to a regulated entity included a reference to a person who is not a regulated entity; and\n (b) the following paragraph were added at the end of that subsection:\n “; and (d) the covered activity is undertaken in the course of or in relation to constitutional trade and commerce.”.\n\n#### 13 Exceptions to duty to report\n\n Exceptions prescribed by the rules\n (1) Subsection 11(2) does not apply in the circumstances prescribed by the rules.\n\n> Note: A person bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n (2) Without limiting subsection (1), the rules must prescribe that subsection 11(2) does not apply in circumstances relating to a threshold or thresholds prescribed by, or worked out in accordance with, the rules.\n Exemptions by the Secretary\n (3) Subsection 11(2) does not apply to a particular person, in relation to a particular kind of covered activity and a particular kind of covered product, if the Secretary:\n (a) is satisfied that, in all the circumstances, it is not appropriate for that subsection to apply to the person in relation to the covered activity and the covered product; and\n (b) makes a written determination to that effect.\n\n> Note: A person bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n (4) A determination under paragraph (3)(b) is not a legislative instrument.\n\n#### 13A Civil penalty for false or misleading information relating to Fuel Security Act 2021\n\n A person must not, in a report under section 11, provide information that:\n (a) relates to:\n (i) whether a regulated entity that is subject to the minimum stockholding obligation under the Fuel Security Act 2021 is complying with section 7 of that Act; or\n (ii) whether fuel security services payment is payable to a constitutional corporation under the Fuel Security Act 2021; and\n (b) is false or misleading in a material particular, or omits a matter or thing without which the information is misleading in a material particular.\n\nCivil penalty: 300 penalty units.\n\n#### 13B Compliance audits relating to the Fuel Security Act 2021\n\n (1) The rules may make provision in relation to the auditing of compliance with section 11, so far as that section relates to the giving of reports that relate to:\n (a) MSO activities undertaken in relation to MSO products by regulated entities; or\n (b) the refining of FSSP fuels.\n (2) Without limiting subsection (1), rules made for the purposes of that subsection may do any of the following:\n (a) empower the Secretary to require an audit to be conducted;\n (b) prescribe matters to which an audit may relate or be required by the Secretary to relate;\n (c) prescribe persons who are authorised to conduct audits;\n (d) require reports of audits to accompany reports given under section 11 or otherwise be given to the Secretary.\n (3) The following expressions used in subsection (1) have the same meaning as in the Fuel Security Act 2021:\n (a) FSSP fuels;\n (b) MSO activity;\n (c) MSO product;\n (d) regulated entity.\n\n#### 13C Duty to provide reasonable facilities and assistance for audit\n\n (1) A person affected by an audit required to be conducted under rules made for the purposes of subsection 13B(1) must provide the person conducting the audit (the audit team leader), and any person assisting the audit team leader in the conduct of the audit, with all reasonable facilities and assistance necessary for the effective exercise of the audit team leader’s duties in relation to the audit.\n\nCivil penalty: 250 penalty units.\n\n (2) A person is affected by an audit if the person is any of the following:\n (a) the person being audited;\n (b) if the audit relates to compliance with section 11 so far as that section relates to the giving of reports that relate to MSO activities undertaken in relation to MSO products by a regulated entity:\n (i) the regulated entity; or\n (ii) if the regulated entity has an Australian controlling corporation—the Australian controlling corporation; or\n (iii) any entity in possession of stocks of an MSO product that are held (within the meaning of section 19 of the Fuel Security Act 2021) by the regulated entity;\n (c) if the audit relates to compliance with section 11 so far as that section relates to the giving of reports that relate to the refining of FSSP fuels by a constitutional corporation—the constitutional corporation.\n (3) The following expressions used in subsection (2) have the same meaning as in the Fuel Security Act 2021:\n (a) FSSP fuels;\n (b) MSO activity;\n (c) MSO product;\n (d) regulated entity.\n\n#### 13D Duty to comply with requirements in relation to report of audit\n\n (1) A person who is required to give the Secretary a report under section 11 must comply with any rules prescribed for the purposes of subsection 13B(1) requiring a report of an audit to accompany the report under section 11.\n\nCivil penalty: 250 penalty units.\n\n (2) A person who is required by any rules prescribed for the purposes of subsection 13B(1) to give a report of an audit to the Secretary must give the report of the audit to the Secretary in accordance with the rules.\n\nCivil penalty: 250 penalty units.\n\n### Division 3—Information‑gathering powers\n\n#### 13E Secretary may require information or documents\n\n Scope\n (1) This section applies if the Secretary reasonably believes that:\n (a) there is a disruption to Australia’s fuel supply; and\n (b) the disruption has had, is having, or is likely to have, a significant impact on Australia’s fuel market.\n Notice\n (2) The Secretary may give a regulated entity a written notice if the Secretary reasonably believes that the entity has information or documents relevant to the Australian market for a covered product.\n (3) Without limiting subsection (2), information or documents relevant to the Australian market for a covered product include information or documents relating to the following:\n (a) the entity’s orders for any upcoming supply of the product to the market, and the scheduled timeframes for that supply;\n (b) the entity’s orders for any upcoming demand for the product by customers;\n (c) stock levels of the product held by the entity.\n Contents of notice\n (4) The notice may require the entity to do either or both of the following:\n (a) to give information specified in the notice to the Secretary within the period and in the manner specified in the notice;\n (b) to produce documents specified in the notice to the Secretary within the period and in the manner specified in the notice.\n\n> Note 1: For civil penalties for failing to comply with a requirement of a notice or for providing false or misleading information or documents, see sections 13G and 13H.\n\n> Note 2: A person may commit an offence if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code).\n\n (5) The notice must set out the effect of the following provisions:\n (a) section 13G;\n (b) section 13H;\n (c) section 137.1 of the Criminal Code (about an offence for giving false or misleading information);\n (d) section 137.2 of the Criminal Code (about an offence for producing false or misleading documents).\n Minimum period for complying with notice\n (6) A period specified under paragraph (4)(a) or (b):\n (a) must be at least 5 business days after the day the notice is given; and\n (b) may be:\n (i) a single period; or\n (ii) a recurring period.\n\n#### 13F Additional operation of section 13E\n\n (1) In addition to the effect of section 13E, that section also has effect as provided by this section.\n Census and statistics power\n (2) Section 13E also has the effect it would have if:\n (a) a reference to a regulated entity included a reference to a person who is not a regulated entity; and\n (b) a reference to information or documents were expressly confined to statistical information or statistical documents.\n External affairs power\n (3) Section 13E also has the effect it would have if:\n (a) a reference to a regulated entity included a reference to a person who is not a regulated entity; and\n (b) a reference to information or documents were expressly confined to information or documents necessary to give effect to Australia’s rights or obligations under:\n (i) the Agreement; or\n (ii) any other agreement with one or more countries.\n\n#### 13G Civil penalty for failing to comply with notice\n\n Civil penalty\n (1) A person contravenes this subsection if:\n (a) the person is given a notice under section 13E; and\n (b) the person fails to comply with a requirement of the notice.\n\nCivil penalty: 250 penalty units.\n\n (2) Subsection (1) does not apply if the person has a reasonable excuse.\n\n> Note: A person bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Continuing contravention\n (3) If a person contravenes subsection (1) by contravening a requirement mentioned in paragraph 13E(4)(a) or (b), the maximum civil penalty for each day that the contravention continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.\n\n> Note: Subsection (1), as it relates to a contravention of a requirement mentioned in paragraph 13E(4)(a) or (b), is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.\n\n#### 13H Civil penalty for false or misleading information or documents\n\n Civil penalty\n (1) A person contravenes this subsection if:\n (a) the person is given a notice under section 13E; and\n (b) the person gives information or produces a document that is false or misleading in a material particular, or omits a matter or thing without which the information or the document is misleading in a material particular.\n\nCivil penalty: 300 penalty units.\n\n (2) Subsection (1) does not apply if the person has a reasonable excuse.\n\n> Note: A person bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n## Part 3—Collection and publication of fuel information\n\n#### 14 Simplified outline of this Part\n\nThis Part permits the Secretary to collect fuel information.\n\nFuel information is raw data or value added information product that relates to covered activities, or to the quantity, quality or characteristics of covered products, or to the holding (within the meaning of the Fuel Security Act 2021) of certain covered products. Fuel information includes metadata describing such data, and contextual information.\n\nThe Secretary may publish or make available fuel information. The information must not be likely to enable the identification of a person or be commercial‑in‑confidence.\n\n#### 15 Collection of fuel information\n\n The Secretary may collect fuel information.\n\n#### 16 Publication of fuel information\n\n (1) The Secretary may, in such manner as the Secretary thinks appropriate, cause to be published or made available statistical fuel information.\n (2) The Secretary may, in such manner as the Secretary thinks appropriate, cause to be published or made available fuel information that is not statistical fuel information.\n (3) The Secretary must not cause to be published or made available information under this section if the information is:\n (a) likely to enable the identification of a person; or\n (b) commercial‑in‑confidence.\n\n> Note: An entrusted person may make a record of or use protected information for the purpose of the publication or making available of information under this section: see section 22.\n\n#### 17 Severability—publication of fuel information\n\n (1) Without limiting the effect of subsection 16(2) apart from this section, subsection 16(2) also has effect as provided by this section.\n (2) To avoid doubt, no subsection of this section limits the operation of any other subsection of this section.\n (3) Subsection 16(2) also has the effect it would have if that subsection were, by express provision, confined to the communication of information by electronic means.\n (4) Subsection 16(2) also has the effect it would have if the reference in that subsection to fuel information that is not statistical fuel information were, by express provision, confined to information that relates to the affairs of a regulated entity or was obtained from a regulated entity.\n (5) Subsection 16(2) also has the effect it would have if the reference in that subsection to fuel information that is not statistical fuel information were, by express provision, confined to information the publication or making available of which is necessary to give effect to Australia’s rights or obligations under:\n (a) the Agreement; or\n (b) any other agreement with one or more countries.\n (6) Subsection 16(2) also has the effect it would have if the reference in that subsection to fuel information that is not statistical fuel information were, by express provision, confined to information relating to acts or omissions that occur outside Australia.\n (7) Subsection 16(2) also has the effect it would have if the reference in that subsection to fuel information that is not statistical fuel information were, by express provision, confined to information relating to acts or omissions in the course of or in relation to constitutional trade and commerce.\n\n#### 18 Other powers or functions not affected\n\n This Part does not, by implication, limit any other power or function of the Secretary to collect, publish, or otherwise deal with information.\n\n## Part 4—Secrecy and disclosure\n\n### Division 1—Introduction\n\n#### 19 Simplified outline of this Part\n\nThis Part makes it an offence for an entrusted person to record, use or disclose protected information, except in circumstances set out in this Part.\n\nThis Part also authorises certain fuel information to be disclosed to the Secretary.\n\n### Division 2—Secrecy\n\n#### 20 Secrecy\n\n Offence\n (1) A person commits an offence if:\n (a) the person is, or has been, an entrusted person; and\n (b) the person has obtained information in his or her capacity as an entrusted person; and\n (c) the information is protected information; and\n (d) the person:\n (i) makes a record of the information; or\n (ii) uses the information; or\n (iii) discloses the information to another person.\n\nPenalty: Imprisonment for 2 years.\n\n Exceptions\n (2) Subsection (1) does not apply if:\n (a) the conduct is authorised by:\n (i) this Act or another law of the Commonwealth; or\n (ii) a law of a State or Territory prescribed by the rules; or\n (b) the conduct is in compliance with a requirement under:\n (i) this Act or another law of the Commonwealth; or\n (ii) a law of a State or a Territory prescribed by the rules.\n (3) Subsection (1) does not apply if:\n (a) the person makes a record of, discloses or otherwise uses information; and\n (b) the information is commercial‑in‑confidence; and\n (c) the person does not know that the information is commercial‑in‑confidence.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) and (3) (see subsection 13.3(3) of the Criminal Code).\n\n Implied freedom of political communication\n (4) This section does not apply to the extent (if any) that it would infringe any constitutional doctrine of implied freedom of political communication.\n\n#### 21 Exercising powers, or performing functions or duties, as an entrusted person\n\n An entrusted person may make a record of, use or disclose protected information if the record is made, or the information is used or disclosed, in the course of exercising powers, or performing functions or duties, as an entrusted person.\n\n> Note: The powers, functions and duties of entrusted persons are not limited to those conferred or imposed by this Act.\n\n#### 22 Recording and use of protected information in relation to the publication of fuel information\n\n An entrusted person may:\n (a) make a record of protected information; or\n (b) use protected information;\n for the purpose of the publication or making available of fuel information under section 16.\n\n#### 23 Disclosure to the Minister\n\n (1) An entrusted person may:\n (a) disclose protected information to the Minister; and\n (b) make a record of or use protected information for the purpose of disclosing protected information to the Minister.\n (2) An entrusted person may:\n (a) disclose protected information to a person employed by the Minister under the Members of Parliament (Staff) Act 1984; and\n (b) make a record of or use protected information for the purposes of disclosing the information under paragraph (a).\n\n#### 24 Disclosure to certain agencies, bodies or persons\n\n (1) The Secretary may disclose:\n (a) protected information to an agency, body or person referred to in paragraph (2)(a), (b), (c) or (d); or\n (b) protected information that is statistical information to a body referred to in paragraph (2)(e);\n if the Secretary reasonably believes that the information will enable or assist the agency, body or person to exercise its powers, or perform its functions or duties.\n (2) The agencies, bodies and persons to which protected information may be disclosed under this section are the following:\n (a) the Australian Competition and Consumer Commission;\n (b) the Commissioner of Taxation;\n (c) an agency or authority of the Commonwealth prescribed by the rules;\n (d) a State or Territory government, agency or authority prescribed by the rules;\n (e) the International Energy Agency or any other international energy security body prescribed by the rules.\n (3) The Secretary may, in writing, authorise an entrusted person to disclose:\n (a) protected information to an agency, body or person referred to in paragraph (2)(a), (b), (c) or (d); or\n (b) protected information that is statistical information to a body referred to in paragraph (2)(e);\n if the Secretary reasonably believes that the information will enable or assist the agency, body or person to exercise its powers, or perform its functions or duties.\n (4) If an entrusted person is authorised to disclose information under subsection (3), that person may disclose the information.\n (5) An entrusted person may:\n (a) make a record of protected information; or\n (b) use protected information;\n for the purpose of disclosing protected information under subsection (1) or (4).\n Conditions\n (6) The Secretary may, by writing, impose conditions to be complied with in relation to protected information disclosed under subsection (1) or (4), other than information disclosed to the Australian Competition and Consumer Commission.\n (7) A person commits an offence if:\n (a) the person is subject to a condition under subsection (6); and\n (b) the person engages in conduct; and\n (c) the person’s conduct breaches the condition.\n\nPenalty: Imprisonment for 2 years.\n\n (8) An instrument under subsection (6) is not a legislative instrument.\n Protected information disclosed to the Australian Competition and Consumer Commission\n (9) Protected information disclosed under subsection (1) or (4) to the Australian Competition and Consumer Commission is taken, for the purposes of Part VIIA of the Competition and Consumer Act 2010, to be protected information within the meaning of section 95ZP of that Act.\n\n#### 25 Disclosure with consent\n\n An entrusted person may make a record of, use or disclose protected information that relates to the affairs of a person if:\n (a) the person has consented to the recording, use or disclosure; and\n (b) the recording, use or disclosure is in accordance with that consent.\n\n#### 26 Disclosure of publicly available information\n\n An entrusted person may:\n (a) make a record of protected information; or\n (b) use protected information; or\n (c) disclose protected information to another person;\n if the protected information has already been lawfully made available to the public.\n\n#### 27 Disclosure to the person to whom the protected information relates\n\n An entrusted person may disclose protected information to the person to whom the protected information relates.\n\n#### 28 Disclosure to the person from whom the protected information was obtained\n\n An entrusted person may disclose protected information to the person from whom the information was obtained.\n\n#### 29 Disclosure to a court, tribunal etc.\n\n An entrusted person may make a record of, use or disclose protected information, or a document containing protected information:\n (a) for the purposes of proceedings before:\n (i) a court; or\n (ii) a tribunal, authority or person that has the power to require the answering of questions or the production of documents; or\n (b) in accordance with an order of:\n (i) a court; or\n (ii) a tribunal, authority or person that has the power to require the answering of questions or the production of documents.\n\n#### 30 Disclosure for purposes of law enforcement\n\n (1) The Secretary may disclose protected information to an agency referred to in subsection (2), if:\n (a) the Secretary reasonably believes that the disclosure of the information is necessary for:\n (i) the enforcement of the criminal law; or\n (ii) the enforcement of a law imposing a pecuniary penalty; or\n (iii) the protection of the public revenue; and\n (b) the protected information is disclosed for the purposes of that enforcement or protection.\n (2) The agencies to which the Secretary may disclose protected information under this section are:\n (a) a Department, agency or authority of the Commonwealth, a State or a Territory; or\n (b) the Australian Federal Police; or\n (c) the police force or police service of a State or Territory;\n whose functions include that enforcement or protection.\n (3) The Secretary may, in writing, authorise an entrusted person to disclose protected information to an agency referred to in subsection (2), if:\n (a) the Secretary reasonably believes that the disclosure of the information is necessary for:\n (i) the enforcement of the criminal law; or\n (ii) the enforcement of a law imposing a pecuniary penalty; or\n (iii) the protection of the public revenue; and\n (b) the protected information is disclosed for the purposes of that enforcement or protection.\n (4) If a person is authorised to disclose information under subsection (3), that person may disclose the information.\n (5) An entrusted person may:\n (a) make a record of protected information; or\n (b) use protected information;\n for the purpose of disclosing protected information under subsection (1) or (4).\n Conditions\n (6) The Secretary may, by writing, impose conditions to be complied with in relation to protected information disclosed under subsection (1) or (4).\n (7) A person commits an offence if:\n (a) the person is subject to a condition under subsection (6); and\n (b) the person engages in conduct; and\n (c) the person’s conduct breaches the condition.\n\nPenalty: Imprisonment for 2 years.\n\n (8) An instrument under subsection (6) is not a legislative instrument.\n\n### Division 3—Disclosure\n\n#### 31 Disclosure of information to the Secretary\n\n (1) An entrusted person (within the meaning of the Australian Border Force Act 2015) may give:\n (a) the Secretary; or\n (b) an entrusted person (within the meaning of this Act) authorised under subsection (3);\n such Immigration and Border Protection information (within the meaning of the Australian Border Force Act 2015) that is fuel information as the Secretary reasonably believes will enable or assist him or her to perform or exercise any of his or her functions or powers under this Act or the Fuel Security Act 2021.\n (2) The information mentioned in subsection (1) may include personal information.\n (3) The Secretary may, in writing, authorise an entrusted person for the purposes of paragraph (1)(b).\n\n> Note: This section constitutes an authorisation for the purposes of the Privacy Act 1988, paragraph 42(2)(c) of the Australian Border Force Act 2015 and other laws.\n\n## Part 5—Compliance and enforcement\n\n#### 32 Simplified outline of this Part\n\nCivil penalty orders may be sought under Part 4 of the Regulatory Powers Act from a relevant court in relation to contraventions of the requirement in section 11 to give reports to the Secretary and the requirement in section 13E to give information or produce documents.\n\nAn authorised person may enter premises under a warrant or with consent of the occupier and exercise monitoring powers there under Part 2 of the Regulatory Powers Act, for the purposes of determining whether information given in compliance or purported compliance with section 11 is correct.\n\nA person can be given an infringement notice under Part 5 of the Regulatory Powers Act for contravening section 11 or section 13E.\n\nA person who is given an infringement notice can choose to pay an amount as an alternative to having court proceedings brought against the person for the contravention. If the person does not choose to pay the amount, proceedings can be brought against the person for the contravention.\n\n#### 33 Monitoring powers\n\n Information subject to monitoring\n (1) Information given in compliance or purported compliance with section 11 is subject to monitoring under Part 2 of the Regulatory Powers Act.\n\n> Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether the information is correct. It includes powers of entry and inspection.\n\n Related provisions\n (1A) For the purposes of Part 2 of the Regulatory Powers Act, as that Act applies in relation to the information mentioned in subsection (1), each of the following provisions is related to the provision mentioned in subsection (1):\n (a) a civil penalty provision of the Fuel Security Act 2021;\n (b) a civil penalty provision of the Fuel Quality Standards Act 2000;\n (c) an offence provision of the Fuel Quality Standards Act 2000.\n Authorised applicant, authorised person, issuing officer, relevant chief executive and relevant court\n (2) For the purposes of Part 2 of the Regulatory Powers Act, as that Part applies in relation to the information mentioned in subsection (1):\n (b) the Secretary is an authorised applicant; and\n (c) a person appointed under section 34 is an authorised person; and\n (d) a magistrate is an issuing officer; and\n (e) the Secretary is the relevant chief executive; and\n (f) each of the following is a relevant court:\n (i) the Federal Court of Australia;\n (ii) the Federal Circuit and Family Court of Australia (Division 2);\n (iii) a court of a State or Territory that has jurisdiction in relation to the matter.\n Extension to offshore areas\n (3) Part 2 of the Regulatory Powers Act, as that Part applies in relation to information mentioned in subsection (1), extends to each offshore area.\n\n#### 34 Appointment of authorised persons\n\n (1) The Secretary may, in writing, appoint a person who is one of the following as an authorised person for the purposes of this Act:\n (a) an APS employee in the Department;\n (b) a person who is engaged as a consultant or contractor to perform services in relation to this Act.\n (2) The Secretary must not appoint a person as an authorised person unless the Secretary is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an authorised person.\n (3) An authorised person must, in exercising powers as such, comply with any directions of the Secretary.\n (4) If a direction is given under subsection (3) in writing, the direction is not a legislative instrument.\n\n#### 35 Civil penalty provisions\n\n Enforceable civil penalty provisions\n (1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.\n\n> Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.\n\n Authorised applicant and relevant court\n (2) For the purposes of Part 4 of the Regulatory Powers Act:\n (a) the Secretary is an authorised applicant in relation to the civil penalty provisions of this Act; and\n (b) each of the following is a relevant court in relation to the civil penalty provisions of this Act:\n (i) the Federal Court of Australia;\n (ii) the Federal Circuit and Family Court of Australia (Division 2);\n (iii) a court of a State or Territory that has jurisdiction in relation to the matter.\n Extension to offshore areas\n (3) Part 4 of the Regulatory Powers Act, as it applies in relation to the civil penalty provisions mentioned in subsection (1), extends to each offshore area.\n\n#### 36 Infringement notices\n\n Provisions subject to an infringement notice\n (1) A civil penalty provision of this Act is subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n Infringement officer and relevant chief executive\n (2) For the purposes of Part 5 of the Regulatory Powers Act:\n (a) the Secretary is an infringement officer in relation to the provisions mentioned in subsection (1); and\n (b) the Secretary is the relevant chief executive in relation to the provisions mentioned in subsection (1).\n Extension to offshore areas\n (3) Part 5 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), extends to each offshore area.\n\n## Part 6—Miscellaneous\n\n#### 37 Simplified outline of this Part\n\nThis Part deals with other matters, such as delegations, reviews of this Act and rules.\n\n#### 38 Treatment of trusts\n\n (1) This Act applies to a trust as if it were a person, but with the changes set out in this section.\n Trusts with a single trustee\n (2) If the trust has a single trustee:\n (a) an obligation that would otherwise be imposed on the trust by this Act is imposed on the trustee instead; and\n (b) an offence against this Act that would otherwise have been committed by the trust is taken to have been committed by the trustee.\n Trusts with multiple trustees\n (3) If the trust has 2 or more trustees:\n (a) an obligation that would otherwise be imposed on the trust by this Act is imposed on each trustee instead, but may be discharged by any of the trustees; and\n (b) an offence against this Act that would otherwise have been committed by the trust is taken to have been committed by each trustee of the trust, at the time the offence was committed, who:\n (i) did the relevant act or made the relevant omission; or\n (ii) aided, abetted, counselled or procured the relevant act or omission; or\n (iii) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the trustee).\n Contraventions of civil penalty provisions\n (4) This section applies to a contravention of a civil penalty provision in a corresponding way to the way in which it applies to an offence.\n\n#### 39 Delegations\n\n (1) The Secretary may, in writing, delegate any or all of his or her functions or powers under:\n (a) section 6 (about commercial‑in‑confidence information); or\n (b) paragraph 11(4)(b) (about approving manners and forms); or\n (c) subsection 13(3) (about exemptions from the duty to report); or\n (ca) rules made for the purposes of subsection 13B(1) (about compliance audits relating to the Fuel Security Act 2021); or\n (cb) section 13E (about requiring information or documents); or\n (d) section 15 (about collection of fuel information); or\n (e) section 16 (about publication of fuel information); or\n (f) section 34 (about appointment of authorised persons); or\n (g) section 35 of the Regulatory Powers Act as the relevant chief executive to issue identity cards to authorised persons;\n to an SES employee, or an acting SES employee, in the Department.\n\n> Note: SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n (2) In performing a function, or exercising a power, under a delegation, the delegate must comply with any directions of the Secretary.\n\n#### 40 Review of operation of this Act\n\n (1) The Minister must cause an independent review to be conducted of the operation of this Act and the rules.\n (2) Without limiting the matters to be covered by the review, the review must consider the following:\n (a) the definition of fuel information in section 5;\n (b) the definition of covered product in section 5;\n (c) the definition of covered activity in section 5.\n (3) The review must be conducted as soon as practicable after the end of 3 years after this section commences.\n (4) The persons who conduct the review must give the Minister a written report of the review.\n (5) The Minister must cause copies of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.\n\n#### 41 Rules\n\n (1) The Minister may, by legislative instrument, make rules prescribing matters:\n (a) required or permitted by this Act to be prescribed by the rules; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (2) To avoid doubt, the rules may not do the following:\n (a) create an offence or civil penalty;\n (b) provide powers of:\n (i) arrest or detention; or\n (ii) entry, search or seizure;\n (c) impose a tax;\n (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n (e) directly amend the text of this Act.","sortOrder":32},{"sectionNumber":"19","sectionType":"section","heading":"Simplified outline of this Part","content":"#### 19 Simplified outline of this Part\n\nThis Part makes it an offence for an entrusted person to record, use or disclose protected information, except in circumstances set out in this Part.\n\nThis Part also authorises certain fuel information to be disclosed to the Secretary.","sortOrder":34},{"sectionNumber":"20","sectionType":"section","heading":"Secrecy","content":"#### 20 Secrecy\n\n Offence\n (1) A person commits an offence if:\n (a) the person is, or has been, an entrusted person; and\n (b) the person has obtained information in his or her capacity as an entrusted person; and\n (c) the information is protected information; and\n (d) the person:\n (i) makes a record of the information; or\n (ii) uses the information; or\n (iii) discloses the information to another person.\n\nPenalty: Imprisonment for 2 years.\n\n Exceptions\n (2) Subsection (1) does not apply if:\n (a) the conduct is authorised by:\n (i) this Act or another law of the Commonwealth; or\n (ii) a law of a State or Territory prescribed by the rules; or\n (b) the conduct is in compliance with a requirement under:\n (i) this Act or another law of the Commonwealth; or\n (ii) a law of a State or a Territory prescribed by the rules.\n (3) Subsection (1) does not apply if:\n (a) the person makes a record of, discloses or otherwise uses information; and\n (b) the information is commercial‑in‑confidence; and\n (c) the person does not know that the information is commercial‑in‑confidence.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) and (3) (see subsection 13.3(3) of the Criminal Code).\n\n Implied freedom of political communication\n (4) This section does not apply to the extent (if any) that it would infringe any constitutional doctrine of implied freedom of political communication.","sortOrder":36},{"sectionNumber":"21","sectionType":"section","heading":"Exercising powers, or performing functions or duties, as an entrusted person","content":"#### 21 Exercising powers, or performing functions or duties, as an entrusted person\n\n An entrusted person may make a record of, use or disclose protected information if the record is made, or the information is used or disclosed, in the course of exercising powers, or performing functions or duties, as an entrusted person.\n\n> Note: The powers, functions and duties of entrusted persons are not limited to those conferred or imposed by this Act.","sortOrder":37},{"sectionNumber":"22","sectionType":"section","heading":"Recording and use of protected information in relation to the publication of fuel information","content":"#### 22 Recording and use of protected information in relation to the publication of fuel information\n\n An entrusted person may:\n (a) make a record of protected information; or\n (b) use protected information;\n for the purpose of the publication or making available of fuel information under section 16.","sortOrder":38},{"sectionNumber":"23","sectionType":"section","heading":"Disclosure to the Minister","content":"#### 23 Disclosure to the Minister\n\n (1) An entrusted person may:\n (a) disclose protected information to the Minister; and\n (b) make a record of or use protected information for the purpose of disclosing protected information to the Minister.\n (2) An entrusted person may:\n (a) disclose protected information to a person employed by the Minister under the Members of Parliament (Staff) Act 1984; and\n (b) make a record of or use protected information for the purposes of disclosing the information under paragraph (a).","sortOrder":39},{"sectionNumber":"24","sectionType":"section","heading":"Disclosure to certain agencies, bodies or persons","content":"#### 24 Disclosure to certain agencies, bodies or persons\n\n (1) The Secretary may disclose:\n (a) protected information to an agency, body or person referred to in paragraph (2)(a), (b), (c) or (d); or\n (b) protected information that is statistical information to a body referred to in paragraph (2)(e);\n if the Secretary reasonably believes that the information will enable or assist the agency, body or person to exercise its powers, or perform its functions or duties.\n (2) The agencies, bodies and persons to which protected information may be disclosed under this section are the following:\n (a) the Australian Competition and Consumer Commission;\n (b) the Commissioner of Taxation;\n (c) an agency or authority of the Commonwealth prescribed by the rules;\n (d) a State or Territory government, agency or authority prescribed by the rules;\n (e) the International Energy Agency or any other international energy security body prescribed by the rules.\n (3) The Secretary may, in writing, authorise an entrusted person to disclose:\n (a) protected information to an agency, body or person referred to in paragraph (2)(a), (b), (c) or (d); or\n (b) protected information that is statistical information to a body referred to in paragraph (2)(e);\n if the Secretary reasonably believes that the information will enable or assist the agency, body or person to exercise its powers, or perform its functions or duties.\n (4) If an entrusted person is authorised to disclose information under subsection (3), that person may disclose the information.\n (5) An entrusted person may:\n (a) make a record of protected information; or\n (b) use protected information;\n for the purpose of disclosing protected information under subsection (1) or (4).\n Conditions\n (6) The Secretary may, by writing, impose conditions to be complied with in relation to protected information disclosed under subsection (1) or (4), other than information disclosed to the Australian Competition and Consumer Commission.\n (7) A person commits an offence if:\n (a) the person is subject to a condition under subsection (6); and\n (b) the person engages in conduct; and\n (c) the person’s conduct breaches the condition.\n\nPenalty: Imprisonment for 2 years.\n\n (8) An instrument under subsection (6) is not a legislative instrument.\n Protected information disclosed to the Australian Competition and Consumer Commission\n (9) Protected information disclosed under subsection (1) or (4) to the Australian Competition and Consumer Commission is taken, for the purposes of Part VIIA of the Competition and Consumer Act 2010, to be protected information within the meaning of section 95ZP of that Act.","sortOrder":40},{"sectionNumber":"25","sectionType":"section","heading":"Disclosure with consent","content":"#### 25 Disclosure with consent\n\n An entrusted person may make a record of, use or disclose protected information that relates to the affairs of a person if:\n (a) the person has consented to the recording, use or disclosure; and\n (b) the recording, use or disclosure is in accordance with that consent.","sortOrder":41},{"sectionNumber":"26","sectionType":"section","heading":"Disclosure of publicly available information","content":"#### 26 Disclosure of publicly available information\n\n An entrusted person may:\n (a) make a record of protected information; or\n (b) use protected information; or\n (c) disclose protected information to another person;\n if the protected information has already been lawfully made available to the public.","sortOrder":42},{"sectionNumber":"27","sectionType":"section","heading":"Disclosure to the person to whom the protected information relates","content":"#### 27 Disclosure to the person to whom the protected information relates\n\n An entrusted person may disclose protected information to the person to whom the protected information relates.","sortOrder":43},{"sectionNumber":"28","sectionType":"section","heading":"Disclosure to the person from whom the protected information was obtained","content":"#### 28 Disclosure to the person from whom the protected information was obtained\n\n An entrusted person may disclose protected information to the person from whom the information was obtained.","sortOrder":44},{"sectionNumber":"29","sectionType":"section","heading":"Disclosure to a court, tribunal etc.","content":"#### 29 Disclosure to a court, tribunal etc.\n\n An entrusted person may make a record of, use or disclose protected information, or a document containing protected information:\n (a) for the purposes of proceedings before:\n (i) a court; or\n (ii) a tribunal, authority or person that has the power to require the answering of questions or the production of documents; or\n (b) in accordance with an order of:\n (i) a court; or\n (ii) a tribunal, authority or person that has the power to require the answering of questions or the production of documents.","sortOrder":45},{"sectionNumber":"30","sectionType":"section","heading":"Disclosure for purposes of law enforcement","content":"#### 30 Disclosure for purposes of law enforcement\n\n (1) The Secretary may disclose protected information to an agency referred to in subsection (2), if:\n (a) the Secretary reasonably believes that the disclosure of the information is necessary for:\n (i) the enforcement of the criminal law; or\n (ii) the enforcement of a law imposing a pecuniary penalty; or\n (iii) the protection of the public revenue; and\n (b) the protected information is disclosed for the purposes of that enforcement or protection.\n (2) The agencies to which the Secretary may disclose protected information under this section are:\n (a) a Department, agency or authority of the Commonwealth, a State or a Territory; or\n (b) the Australian Federal Police; or\n (c) the police force or police service of a State or Territory;\n whose functions include that enforcement or protection.\n (3) The Secretary may, in writing, authorise an entrusted person to disclose protected information to an agency referred to in subsection (2), if:\n (a) the Secretary reasonably believes that the disclosure of the information is necessary for:\n (i) the enforcement of the criminal law; or\n (ii) the enforcement of a law imposing a pecuniary penalty; or\n (iii) the protection of the public revenue; and\n (b) the protected information is disclosed for the purposes of that enforcement or protection.\n (4) If a person is authorised to disclose information under subsection (3), that person may disclose the information.\n (5) An entrusted person may:\n (a) make a record of protected information; or\n (b) use protected information;\n for the purpose of disclosing protected information under subsection (1) or (4).\n Conditions\n (6) The Secretary may, by writing, impose conditions to be complied with in relation to protected information disclosed under subsection (1) or (4).\n (7) A person commits an offence if:\n (a) the person is subject to a condition under subsection (6); and\n (b) the person engages in conduct; and\n (c) the person’s conduct breaches the condition.\n\nPenalty: Imprisonment for 2 years.\n\n (8) An instrument under subsection (6) is not a legislative instrument.","sortOrder":46},{"sectionNumber":"31","sectionType":"section","heading":"Disclosure of information to the Secretary","content":"#### 31 Disclosure of information to the Secretary\n\n (1) An entrusted person (within the meaning of the Australian Border Force Act 2015) may give:\n (a) the Secretary; or\n (b) an entrusted person (within the meaning of this Act) authorised under subsection (3);\n such Immigration and Border Protection information (within the meaning of the Australian Border Force Act 2015) that is fuel information as the Secretary reasonably believes will enable or assist him or her to perform or exercise any of his or her functions or powers under this Act or the Fuel Security Act 2021.\n (2) The information mentioned in subsection (1) may include personal information.\n (3) The Secretary may, in writing, authorise an entrusted person for the purposes of paragraph (1)(b).\n\n> Note: This section constitutes an authorisation for the purposes of the Privacy Act 1988, paragraph 42(2)(c) of the Australian Border Force Act 2015 and other laws.","sortOrder":48},{"sectionNumber":"Part 5","sectionType":"part","heading":"Compliance and enforcement","content":"## Part 5—Compliance and enforcement","sortOrder":49},{"sectionNumber":"32","sectionType":"section","heading":"Simplified outline of this Part","content":"#### 32 Simplified outline of this Part\n\nCivil penalty orders may be sought under Part 4 of the Regulatory Powers Act from a relevant court in relation to contraventions of the requirement in section 11 to give reports to the Secretary and the requirement in section 13E to give information or produce documents.\n\nAn authorised person may enter premises under a warrant or with consent of the occupier and exercise monitoring powers there under Part 2 of the Regulatory Powers Act, for the purposes of determining whether information given in compliance or purported compliance with section 11 is correct.\n\nA person can be given an infringement notice under Part 5 of the Regulatory Powers Act for contravening section 11 or section 13E.\n\nA person who is given an infringement notice can choose to pay an amount as an alternative to having court proceedings brought against the person for the contravention. If the person does not choose to pay the amount, proceedings can be brought against the person for the contravention.","sortOrder":50},{"sectionNumber":"33","sectionType":"section","heading":"Monitoring powers","content":"#### 33 Monitoring powers\n\n Information subject to monitoring\n (1) Information given in compliance or purported compliance with section 11 is subject to monitoring under Part 2 of the Regulatory Powers Act.\n\n> Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether the information is correct. It includes powers of entry and inspection.\n\n Related provisions\n (1A) For the purposes of Part 2 of the Regulatory Powers Act, as that Act applies in relation to the information mentioned in subsection (1), each of the following provisions is related to the provision mentioned in subsection (1):\n (a) a civil penalty provision of the Fuel Security Act 2021;\n (b) a civil penalty provision of the Fuel Quality Standards Act 2000;\n (c) an offence provision of the Fuel Quality Standards Act 2000.\n Authorised applicant, authorised person, issuing officer, relevant chief executive and relevant court\n (2) For the purposes of Part 2 of the Regulatory Powers Act, as that Part applies in relation to the information mentioned in subsection (1):\n (b) the Secretary is an authorised applicant; and\n (c) a person appointed under section 34 is an authorised person; and\n (d) a magistrate is an issuing officer; and\n (e) the Secretary is the relevant chief executive; and\n (f) each of the following is a relevant court:\n (i) the Federal Court of Australia;\n (ii) the Federal Circuit and Family Court of Australia (Division 2);\n (iii) a court of a State or Territory that has jurisdiction in relation to the matter.\n Extension to offshore areas\n (3) Part 2 of the Regulatory Powers Act, as that Part applies in relation to information mentioned in subsection (1), extends to each offshore area.","sortOrder":51},{"sectionNumber":"34","sectionType":"section","heading":"Appointment of authorised persons","content":"#### 34 Appointment of authorised persons\n\n (1) The Secretary may, in writing, appoint a person who is one of the following as an authorised person for the purposes of this Act:\n (a) an APS employee in the Department;\n (b) a person who is engaged as a consultant or contractor to perform services in relation to this Act.\n (2) The Secretary must not appoint a person as an authorised person unless the Secretary is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an authorised person.\n (3) An authorised person must, in exercising powers as such, comply with any directions of the Secretary.\n (4) If a direction is given under subsection (3) in writing, the direction is not a legislative instrument.","sortOrder":52},{"sectionNumber":"35","sectionType":"section","heading":"Civil penalty provisions","content":"#### 35 Civil penalty provisions\n\n Enforceable civil penalty provisions\n (1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.\n\n> Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.\n\n Authorised applicant and relevant court\n (2) For the purposes of Part 4 of the Regulatory Powers Act:\n (a) the Secretary is an authorised applicant in relation to the civil penalty provisions of this Act; and\n (b) each of the following is a relevant court in relation to the civil penalty provisions of this Act:\n (i) the Federal Court of Australia;\n (ii) the Federal Circuit and Family Court of Australia (Division 2);\n (iii) a court of a State or Territory that has jurisdiction in relation to the matter.\n Extension to offshore areas\n (3) Part 4 of the Regulatory Powers Act, as it applies in relation to the civil penalty provisions mentioned in subsection (1), extends to each offshore area.","sortOrder":53},{"sectionNumber":"36","sectionType":"section","heading":"Infringement notices","content":"#### 36 Infringement notices\n\n Provisions subject to an infringement notice\n (1) A civil penalty provision of this Act is subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n Infringement officer and relevant chief executive\n (2) For the purposes of Part 5 of the Regulatory Powers Act:\n (a) the Secretary is an infringement officer in relation to the provisions mentioned in subsection (1); and\n (b) the Secretary is the relevant chief executive in relation to the provisions mentioned in subsection (1).\n Extension to offshore areas\n (3) Part 5 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), extends to each offshore area.","sortOrder":54},{"sectionNumber":"Part 6","sectionType":"part","heading":"Miscellaneous","content":"## Part 6—Miscellaneous","sortOrder":55},{"sectionNumber":"37","sectionType":"section","heading":"Simplified outline of this Part","content":"#### 37 Simplified outline of this Part\n\nThis Part deals with other matters, such as delegations, reviews of this Act and rules.","sortOrder":56},{"sectionNumber":"38","sectionType":"section","heading":"Treatment of trusts","content":"#### 38 Treatment of trusts\n\n (1) This Act applies to a trust as if it were a person, but with the changes set out in this section.\n Trusts with a single trustee\n (2) If the trust has a single trustee:\n (a) an obligation that would otherwise be imposed on the trust by this Act is imposed on the trustee instead; and\n (b) an offence against this Act that would otherwise have been committed by the trust is taken to have been committed by the trustee.\n Trusts with multiple trustees\n (3) If the trust has 2 or more trustees:\n (a) an obligation that would otherwise be imposed on the trust by this Act is imposed on each trustee instead, but may be discharged by any of the trustees; and\n (b) an offence against this Act that would otherwise have been committed by the trust is taken to have been committed by each trustee of the trust, at the time the offence was committed, who:\n (i) did the relevant act or made the relevant omission; or\n (ii) aided, abetted, counselled or procured the relevant act or omission; or\n (iii) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the trustee).\n Contraventions of civil penalty provisions\n (4) This section applies to a contravention of a civil penalty provision in a corresponding way to the way in which it applies to an offence.","sortOrder":57},{"sectionNumber":"39","sectionType":"section","heading":"Delegations","content":"#### 39 Delegations\n\n (1) The Secretary may, in writing, delegate any or all of his or her functions or powers under:\n (a) section 6 (about commercial‑in‑confidence information); or\n (b) paragraph 11(4)(b) (about approving manners and forms); or\n (c) subsection 13(3) (about exemptions from the duty to report); or\n (ca) rules made for the purposes of subsection 13B(1) (about compliance audits relating to the Fuel Security Act 2021); or\n (cb) section 13E (about requiring information or documents); or\n (d) section 15 (about collection of fuel information); or\n (e) section 16 (about publication of fuel information); or\n (f) section 34 (about appointment of authorised persons); or\n (g) section 35 of the Regulatory Powers Act as the relevant chief executive to issue identity cards to authorised persons;\n to an SES employee, or an acting SES employee, in the Department.\n\n> Note: SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n (2) In performing a function, or exercising a power, under a delegation, the delegate must comply with any directions of the Secretary.","sortOrder":58},{"sectionNumber":"40","sectionType":"section","heading":"Review of operation of this Act","content":"#### 40 Review of operation of this Act\n\n (1) The Minister must cause an independent review to be conducted of the operation of this Act and the rules.\n (2) Without limiting the matters to be covered by the review, the review must consider the following:\n (a) the definition of fuel information in section 5;\n (b) the definition of covered product in section 5;\n (c) the definition of covered activity in section 5.\n (3) The review must be conducted as soon as practicable after the end of 3 years after this section commences.\n (4) The persons who conduct the review must give the Minister a written report of the review.\n (5) The Minister must cause copies of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.","sortOrder":59},{"sectionNumber":"41","sectionType":"section","heading":"Rules","content":"#### 41 Rules\n\n (1) The Minister may, by legislative instrument, make rules prescribing matters:\n (a) required or permitted by this Act to be prescribed by the rules; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (2) To avoid doubt, the rules may not do the following:\n (a) create an offence or civil penalty;\n (b) provide powers of:\n (i) arrest or detention; or\n (ii) entry, search or seizure;\n (c) impose a tax;\n (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n (e) directly amend the text of this Act.","sortOrder":60}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act as presented has been expanded from a basic reporting framework to a broader fuel‑security instrument that supports and integrates with the Fuel Security Act 2021 (see s 3 and sections 13A–13D). New or emphasised functions include compliance audits tied to minimum stockholding obligations and FSSP fuels (ss 13B–13D), expanded disclosure and sharing pathways with domestic regulators and international energy bodies (s 24), and specific civil penalties connected to the Fuel Security Act (s 13A). Those additions move the Act beyond mere statistical reporting into operational compliance, audit and enforcement roles that directly support implementation of the later Fuel Security Act and international obligations (s 3)."},"complexity_factors":["Extensive interpretation/definitions section with 25+ defined terms (e.g. 'covered product', 'covered activity', 'regulated entity', 'fuel information', 'protected information') (s 5).","Multiple cross‑references to other Acts: Fuel Security Act 2021, Regulatory Powers (Standard Provisions) Act 2014, Criminal Code, Customs Act, Excise Act, Australian Border Force Act and Competition and Consumer Act (through ss 13A, 33, 20, 31, 24 etc.).","Several conditional/severability clauses and alternate constitutional bases that change operation depending on legal head of power (s 12, s 13F, s 17) — increases interpretive branching.","Rule‑making power that delegates substantive details to Ministerial rules and Secretary determinations (s 41, s 11(4)(b), s 13(3)), creating dependence on secondary instruments.","Layered compliance mechanisms: mandatory reports, disruption notices, audit powers, monitoring powers and infringement/civil penalties with continuing penalties (ss 11, 13E, 13B–13D, 13G(3)).","Mixture of civil penalties and criminal offences (including imprisonment for entrusted person disclosures) with different evidential burdens (ss 20, 13A, 13H), complicating enforcement outcomes.","Discretionary confidentiality decisions (commercial‑in‑confidence under s 6 and Secretary’s power to impose disclosure conditions under s 24) which are fact‑sensitive and operationally intensive.","Delegation pathways allow many powers to be delegated to SES employees and consultants (s 39), increasing administrative complexity and lines of accountability."],"plain_english_summary":"**What this law does (mechanics)\n\n- Requires specified businesses and entities to report data about certain fuels and fuel‑related products (called \"covered products\") and activities (\"covered activities\") to the Department Secretary (see s 11).\n- Gives the Secretary power to collect, request and, in disruption situations, compel information and documents from regulated entities (see s 13E). Notices must allow at least 5 business days to comply (s 13E(6)).\n- Allows the Secretary to publish aggregated or statistical fuel information, but not information likely to identify a person or information the Secretary has decided is \"commercial‑in‑confidence\" (s 16 and s 6).\n- Creates secrecy obligations and a criminal offence (for entrusted persons) for unauthorised recording, use or disclosure of \"protected information\" (personal data or commercial‑in‑confidence material obtained under the Act) with limited, specified exceptions (ss 20–31).\n- Provides civil penalties and enforcement paths (civil penalties, infringement notices, monitoring powers and court action) for failures to report, for non‑compliance with requests and for providing false or misleading material (see ss 11, 13G, 13H, 13A and Parts 4–5 of the Regulatory Powers Act, implemented by ss 33–36).\n- Enables rule‑making by the Minister (legislative instrument) to set detailed reporting requirements, thresholds, forms, audits, and exceptions; the Secretary has power to approve forms and delegate many functions (ss 41, 11(4)(b), 39).\n- Contains special audit and compliance provisions tied to the Fuel Security Act 2021 (ss 13A, 13B, 13C, 13D) and authorises sharing of fuel data with other agencies, taxation authorities, competition regulators and international energy bodies under controlled conditions (s 24).\n\n\nWho is affected\n\n- Regulated entities: broadly defined to capture constitutional corporations, certain trusts and bodies corporate and entities with core activities in or connected to a Territory (see definition of \"regulated entity\" in s 5). These are the primary reporting subjects under s 11.\n- Entrusted persons: departmental employees or persons employed/engaged by the Department who receive and handle the data; they are subject to secrecy rules (ss 5, 20–22).\n- Other Commonwealth bodies and prescribed State/Territory agencies: may receive protected information from the Secretary when relevant to their functions (s 24).\n\n\nWhy it matters (practical effect, incentives and trade‑offs)\n\n- Purpose stated in the Act: to help the Commonwealth monitor and respond to fuel supply disruptions, meet international reporting obligations and support the Fuel Security Act 2021 (s 3).\n- Information advantage: the Commonwealth gains situational awareness of supply, stocks and flows (orders, scheduled supply timeframes, stock levels — s 13E(3)). That data supports policy, emergency response and international reporting.\n- Compliance costs fall on the reporting entities: they must collect, collate and deliver prescribed data in forms/timelines set by rules or Secretary determinations (s 11(4), s 41). Audits and documentary requests (including continuing daily obligations) can add operational burden (ss 13B–13D, 13G(3)).\n- Behavioural effects: regulated entities will be incentivised to keep clearer records and internal audit trails, and to ensure accuracy because false/misleading reports attract civil penalties (s 13A, 13H) and criminal offences under the Criminal Code may apply.\n- Bureaucratic discretion and delegation: the Minister and Secretary have wide delegated rule‑making and operational powers (ss 41, 39). The Secretary can decide what is commercial‑in‑confidence (s 6), who is exempted from reporting (s 13(3)) and to whom protected information may be disclosed (s 24). Those points concentrate decision authority in the Department and create compliance uncertainty until rules/determinations are published.\n- Privacy and confidentiality safeguards: publication is limited to material that does not identify a person and is not commercial‑in‑confidence (s 16); entrusted persons face imprisonment for unlawful disclosure (s 20), while the Act also lists explicit disclosure exceptions (ss 21–31).\n- Constitutional and legal bases: the Act builds in alternative operation modes (see s 12 and s 13F) so reporting and information powers can be grounded in different heads of power (census/statistics, external affairs, trade and commerce) depending on the circumstances or to the extent required to give effect to international commitments.\n\n\nConcrete mechanics to note (who pays, who decides, what changes)\n\n- Who pays: regulated entities (businesses, corporations etc.) incur the direct compliance costs of collecting and providing fuel information and supporting audits (s 11; ss 13B–13D).\n- Who decides: Minister makes rules (s 41); Secretary issues reporting forms, approvals, notices, determinations and delegations (ss 11(4)(b), 13(3), 13E, 39). The Secretary also decides whether information is commercial‑in‑confidence (s 6) and may authorise disclosures (s 24).\n- What behaviour changes: regulated entities must maintain records, submit prescribed reports on time, respond to disruption‑related notices, support audits and manage confidentiality expectations; entrusted persons must apply legal protections to protected information and follow authorised sharing pathways.\n\n\nImplementation risks, trade‑offs and opportunity costs (mechanisms, not judgments)\n\n- Implementation requires rules, forms and systems from the Department; until those are issued, businesses face uncertainty about the exact scope and timing of obligations (ss 11, 41).\n- Administrative burden is concentrated on affected firms (especially those with cross‑border or wholesale activities) while benefits (improved national visibility and policy options) are diffuse across the economy (s 3).\n- The Secretary’s discretion over what is commercial‑in‑confidence (s 6) and over disclosure conditions (s 24(6)) creates compliance risk for businesses and operational risk for the Department if criteria are applied inconsistently.\n- The Act permits sharing with domestic regulators and international bodies (s 24). That reduces information silos but creates potential trade‑offs for firms worried about competitive exposure; the Secretary may impose conditions on disclosure and breach of those conditions is criminalised (s 24(6)–(7)).\n\n\nKey statutory references: objects (s 3); reporting duty and penalties (s 11, civil penalty 250 units); disruption notice and document powers (s 13E); publication limits and commercial‑in‑confidence (ss 16, 6); secrecy and disclosure rules including penalties (ss 20–31); Fuel Security Act‑related audits (ss 13A–13D); rule‑making and delegation (ss 41, 39); monitoring and enforcement via the Regulatory Powers Act (ss 33–36)."},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"s5(1) - definition of 'fuel'","severity":"medium","reasoning":"The Act defines 'fuel' but then lists as 'covered products' numerous items (bitumen, paraffin wax, lubricants, petroleum-based solvents) that do not satisfy the definition of fuel. These items are neither fuels nor fuel-related products as defined, yet appear in the covered products list without a clear legal basis connecting them to the definition. The definition is also underinclusive relative to the note which gives examples that satisfy the definition, while the list of covered products goes well beyond those examples.","confidence":0.75,"description":"The definition of 'fuel' as 'any product that produces energy through a chemical reaction' is simultaneously overbroad and internally inconsistent with the Act's own list of covered products. Paraffin wax (s5(1)(n)), bitumen (s5(1)(q)), lubricants and greases (s5(1)(m)), and petroleum-based solvents (s5(1)(o)) are listed as covered products but are not fuels under this definition as they do not produce energy through a chemical reaction in any conventional sense. Conversely, the definition would capture products like food and explosives that are clearly not intended to be regulated."},{"type":"self_contradicting","section":"s5(1) - definition of 'fuel-related product' read with definition of 'covered product' (u)","severity":"low","reasoning":"The objects in s3 include both domestic fuel security monitoring and international obligations. Additional fuels can be prescribed to serve any object, but additional fuel-related products can only serve the narrower international reporting obligation purpose. This means domestically significant fuel-related products cannot be brought within scope unless an international obligation hook exists.","confidence":0.65,"description":"The definition of 'fuel-related product' requires a product to 'not be a fuel', yet paragraph (u) of the 'covered product' definition allows rules to prescribe 'any other fuel-related product'. However, s5(3) restricts such prescriptions to products that assist Australia to give effect to international obligations. This creates a narrower gateway for fuel-related products than for additional fuels (s5(2)), which only requires promotion of the Act's objects generally. A fuel-related product that would promote fuel security monitoring (object (a)) but not specifically relate to an international reporting obligation cannot be prescribed, creating an asymmetry with no policy rationale."},{"type":"circular_definition","section":"s6 - commercial-in-confidence definition, criterion (d)","severity":"low","reasoning":"Criterion (b) already requires the information not be in the public domain. Criterion (d) requiring information not be 'readily discoverable' is either duplicative of (b) or introduces an undefined intermediate category between 'public domain' and 'not discoverable'. The relationship between these two criteria is logically unclear.","confidence":0.7,"description":"The definition of 'commercial-in-confidence' requires that the information is 'not readily discoverable'. This criterion is vague to the point of being practically unworkable. If information is not in the public domain (criterion (b)), it is by definition not readily discoverable, making criterion (d) entirely redundant. Alternatively, if criterion (d) adds something beyond criterion (b), the Act provides no guidance on what standard of discoverability applies, leaving the Secretary with unconstrained discretion."},{"type":"impossible_compliance","section":"s5(1) - definition of 'refining a covered product'","severity":"medium","reasoning":"The definitions of 'producing' and 'refining' are mutually exclusive and together create a gap: any process that transforms a covered product into a non-covered product is neither producing nor refining. The Act would be blind to such activities despite them potentially being materially relevant to fuel supply monitoring.","confidence":0.72,"description":"The definition states that refining means 'transforming a covered product into another covered product'. This creates a logical problem: if the output product is not itself a covered product, the activity is not 'refining' and therefore not a 'covered activity'. A refinery converting crude oil into a product not listed in s5(1) would fall outside the reporting regime entirely, contrary to the Act's evident purpose. Furthermore, the definition expressly excludes refining from 'producing a covered product', meaning if the output is not a covered product, neither definition applies and the activity is unregulated."},{"type":"retroactive_impossibility","section":"s3(d) read with commencement provisions","severity":"low","reasoning":"While this is a product of later amendment inserting s3(d) after the Fuel Security Act 2021 was enacted, as the Act now reads, the commencement date in s2 predates the existence of the referenced Act by approximately 4 years, creating a temporal absurdity where the Act purports to have had a purpose it could not have had.","confidence":0.8,"description":"The Act commenced on 24 August 2017 but one of its stated objects (s3(d)) is 'to support the implementation of the Fuel Security Act 2021'. The Fuel Security Act 2021 did not exist at the time of commencement. The Act therefore has a stated object that was impossible to fulfil for approximately 4 years after commencement."},{"type":"other","section":"s20(3) - secrecy exception","severity":"low","reasoning":"The exception in s20(3) creates a perverse situation where an entrusted person who deliberately avoids learning about the Secretary's commercial-in-confidence determinations gains a defence unavailable to a diligent officer who is aware of those determinations.","confidence":0.6,"description":"Section 20(3) provides that the secrecy offence does not apply where an entrusted person deals with commercial-in-confidence information without knowing it is commercial-in-confidence. However, the determination of whether information is commercial-in-confidence under s6 rests entirely with the Secretary. An entrusted person who is not the Secretary has no independent means of determining whether information is commercial-in-confidence; they must rely on the Secretary's determination. The exception therefore rewards ignorance of the Secretary's own determinations, which is an odd incentive structure."},{"type":"impossible_compliance","section":"s13E(6) - minimum 5 business days notice during a fuel supply disruption","severity":"medium","reasoning":"The trigger condition (significant fuel supply disruption) and the minimum response time (5 business days) are in tension. Emergency information-gathering powers are typically designed for rapid deployment; requiring a minimum of 5 business days notice undermines the utility of the power in acute disruption scenarios.","confidence":0.78,"description":"Section 13E applies only when the Secretary reasonably believes there is a disruption to Australia's fuel supply having a significant impact on the fuel market. Yet the minimum compliance period for any notice issued during such an emergency is 5 business days. In a genuine acute fuel crisis, a 5 business day minimum period (potentially spanning a weekend and public holidays, meaning up to 9 calendar days) could render the information-gathering power practically useless for emergency response purposes."},{"type":"self_contradicting","section":"s38(3)(b) - multiple trustee offence liability","severity":"medium","reasoning":"The civil obligation (dischargeable by any trustee) and the offence/penalty framework (attaches to each trustee who omitted to act) are structurally inconsistent. If the obligation is discharged by one trustee acting, the other trustees' omissions should not constitute a breach, but the offence deeming provision does not expressly reflect this.","confidence":0.68,"description":"Section 38(3)(b) deems each trustee of a trust to have committed an offence if they 'did the relevant act or made the relevant omission'. For omission-based offences (such as the failure to report under s11), every trustee of a multi-trustee trust commits the offence unless one of them acts. However, s38(3)(a) states the obligation 'may be discharged by any of the trustees'. This means a single trustee's compliance discharges the obligation for all, yet the offence provision does not mirror this - it appears all non-acting trustees could still be found to have committed the omission offence even though the obligation was legally discharged."}],"contradictions":[{"severity":"low","section_a":"s11(2) - duty to report imposed on 'the person prescribed by the rules'","section_b":"s13(1) and s13(2) - exceptions to duty to report","confidence":0.55,"description":"Section 11(2) imposes the reporting obligation on the person prescribed by the rules. Section 13(2) mandates that the rules must prescribe threshold-based exceptions. However, if the rules both prescribe who must report and prescribe exceptions based on thresholds, it is possible (and perhaps likely) that the threshold exception could apply to the very person prescribed to report, meaning no person is ever required to report in low-volume circumstances. The mandatory nature of the exception in s13(2) ('the rules must prescribe') potentially undermines the mandatory nature of the reporting duty in s11(2), with the interaction left entirely to subordinate rules."},{"severity":"medium","section_a":"s16(3) - prohibition on publishing commercial-in-confidence information","section_b":"s6 - commercial-in-confidence definition requiring Secretary's satisfaction","confidence":0.72,"description":"Section 16(3) prohibits the Secretary from publishing information that is commercial-in-confidence. Under s6, information is only commercial-in-confidence if the Secretary is satisfied of the four criteria. This means the Secretary controls both whether information falls within the prohibition (by being satisfied under s6) and whether to publish it (s16). A Secretary who wishes to publish commercially sensitive information need not be 'satisfied' under s6, and the prohibition in s16(3) would not apply. The protection against publication of commercially sensitive information is therefore entirely dependent on the Secretary's own subjective determination, with no objective floor."},{"severity":"medium","section_a":"s7(1) - Act binds the Crown","section_b":"s7(2) - Crown not liable to prosecution or civil penalty","confidence":0.82,"description":"The Act purports to bind the Crown in s7(1) but immediately exempts the Crown from all meaningful enforcement mechanisms in s7(2) - criminal prosecution, civil penalty orders and infringement notices are the primary enforcement tools under the Act. If the Crown is exempt from all enforcement, the practical effect of binding the Crown is negligible. Crown entities (Commonwealth departments) that are regulated entities and undertake covered activities are effectively unenforceable against, creating a two-tiered compliance regime."},{"severity":"medium","section_a":"s12(3) - extended application via census and statistics power (confined to statistical fuel information)","section_b":"s12(4)-(6) - extended applications via external affairs and trade and commerce powers (full fuel information)","confidence":0.75,"description":"Under s12(3), when the census and statistics constitutional head of power is used to extend the Act to non-regulated entities, the reporting obligation is confined to statistical fuel information only. However, under s12(4) and s12(6) (external affairs and trade and commerce powers), non-regulated entities can be required to report full fuel information (not confined to statistical). This means the scope of reportable information for identical non-regulated entities differs depending on which constitutional head of power applies, potentially at the same time and for the same activity. It is unclear which head of power prevails where multiple apply simultaneously."},{"severity":"high","section_a":"s13E(2) - Secretary may give notice to a 'regulated entity'","section_b":"s13F(2) and s13F(3) - extended application to non-regulated entities","confidence":0.78,"description":"Section 13E(2) restricts the information-gathering power to regulated entities. Section 13F extends this to non-regulated entities via the census/statistics and external affairs powers, but only where the information is statistical or necessary for international obligations. However, s13G (the civil penalty for non-compliance) and s13H (civil penalty for false information) refer back to s13E without expressly incorporating the extended application in s13F. It is unclear whether the civil penalty provisions apply to non-regulated entities subject to notices issued under the extended power in s13F."},{"severity":"medium","section_a":"s24(6) - Secretary may impose conditions on disclosure to agencies (except ACCC)","section_b":"s24(9) - protected information disclosed to ACCC is taken to be protected under Competition and Consumer Act","confidence":0.68,"description":"The Secretary may impose conditions on protected information disclosed to any agency under s24(1) or s24(4) except the ACCC (s24(6) expressly carves out the ACCC). Information disclosed to the ACCC instead becomes subject to the ACCC's own protected information regime under Part VIIA of the Competition and Consumer Act 2010 (s24(9)). This means the Secretary has less control over information given to the ACCC than any other agency, even though the ACCC's competitive intelligence interests may create greater risk of misuse of commercially sensitive fuel information than other recipient agencies."},{"severity":"low","section_a":"s20(1) - secrecy offence applies to 'entrusted persons'","section_b":"s24(7) - offence for breach of conditions imposed under s24(6)","confidence":0.62,"description":"Section 20(1) restricts the secrecy offence to 'entrusted persons' (defined as the Secretary, APS employees in the Department, and persons employed or engaged by the Department). Section 24(7) creates an offence for any person who is 'subject to a condition under subsection (6)' and breaches it. Recipients of protected information from external agencies (e.g., a State government agency receiving information under s24(1)(d)) who are subject to conditions could breach those conditions and commit an offence under s24(7), even though they are not entrusted persons and the general secrecy regime in s20 would not apply to them. However, s24(7) appears to apply to any person, not just entrusted persons, creating an inconsistent enforcement framework."}]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The original 2017 Act was primarily a fuel data reporting and publication law focused on monitoring supply security and meeting international obligations. Its scope has materially expanded through amendments that integrated it with the Fuel Security Act 2021, adding: mandatory minimum stockholding obligation (MSO) compliance auditing, a new civil penalty for false information relating to fuel security payments, emergency information-gathering powers during supply disruptions (Division 3), and obligations around Fuel Security Services Payments (FSSP). These additions transform the Act from a passive data-collection mechanism into an active enforcement and compliance tool supporting Australia's domestic fuel reserve scheme."},"complexity_factors":["Multiple layers of definitions that cross-reference each other (e.g., 'covered activity' depends on 'covered product', which in turn has 21 sub-categories expandable by ministerial rules)","Constitutional architecture: the Act deliberately duplicates key provisions (sections 12 and 13F) to ground the law in multiple heads of Commonwealth constitutional power (corporations power, trade and commerce power, external affairs power, census and statistics power) — a sophisticated legal technique invisible to lay readers","Deep integration with multiple other Acts: Fuel Security Act 2021, Regulatory Powers Act 2014, Competition and Consumer Act, Taxation Administration Act, Australian Border Force Act, Customs Act, Excise Act, Privacy Act, Corporations Act, and the Criminal Code","Enforcement operates through a layered system: civil penalties, infringement notices, criminal offences for false information, and compliance audits — each governed by the Regulatory Powers Act framework rather than standalone provisions","The definition of 'regulated entity' uses constitutional law concepts (e.g., 'constitutional corporation' under s51(xx) of the Constitution) that require legal expertise to interpret","Significant operational detail is deferred to ministerial 'rules' (subordinate legislation), meaning the Act itself is incomplete without reference to those instruments","The secrecy framework (Part 4) creates complex permission structures — a matrix of who can use what data for what purpose under what conditions","Extended offshore application requires cross-referencing the Offshore Petroleum and Greenhouse Gas Storage Act 2006 and the Seas and Submerged Lands Act 1973"],"plain_english_summary":"The Petroleum and Other Fuels Reporting Act 2017 requires large fuel businesses (producers, refiners, importers, exporters, wholesalers and major storage operators) to regularly report detailed fuel data to the federal government so Australia can monitor supplies and respond to disruptions. \n\nIt lets the Secretary demand emergency information and supports audits, carries significant fines for non‑compliance or false data, and includes strong confidentiality rules and criminal penalties for unlawful disclosure."},"kimi_summary":{"_metrics":{"completionTokens":691},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly beyond its original 2017 purpose. The 2021 amendments (reflected in sections 13A-13D and related provisions) integrated the reporting scheme with the Fuel Security Act 2021, adding: (a) specific civil penalties for false information about minimum stockholding obligations, (b) mandatory compliance audit frameworks, (c) duties to assist auditors and provide audit reports, and (d) cross-references to fuel security payments. This transformed a pure information-gathering statute into an enforcement tool for fuel security policy."},"complexity_factors":["Extensive cross-referencing with other legislation (Regulatory Powers Act, Fuel Security Act 2021, Competition and Consumer Act, Taxation Administration Act, Australian Border Force Act)","Multiple constitutional bases for operation (trade and commerce power, external affairs power, census and statistics power) requiring 'severability' provisions that duplicate sections with hypothetical modifications","21 defined fuel products plus open-ended rule-making power for additional products","Complex definition of 'regulated entity' spanning constitutional corporations, territorial entities, and trusts with multiple trustee scenarios","Nested secrecy provisions with 12 specific exceptions plus general 'entrusted person' powers","Civil penalty framework imported from Regulatory Powers Act with continuing contravention provisions","Detailed audit provisions for Fuel Security Act 2021 compliance with cascading definitions","Offshore area extensions with conditional geographical application"],"plain_english_summary":"This Act creates a **mandatory reporting scheme for fuel companies** to help the Australian Government monitor fuel security and manage supply disruptions.\n\n**What it does:**\n- Requires **regulated entities** (large corporations, trusts, and companies operating in Australia or its territories) to report detailed information about fuel production, refining, wholesaling, importing, exporting, and stockholding\n- Covers **21 types of fuels and fuel-related products** including crude oil, petrol, diesel, LPG, LNG, biofuels, hydrogen, and bitumen\n- Allows the **Secretary** (a senior public servant) to collect and publish fuel market information, but **protects commercially sensitive and personal information**\n- Provides **emergency information-gathering powers** if the Secretary believes there's a significant fuel supply disruption\n- Establishes **civil penalties** (fines up to 300 penalty units, roughly $66,000) for failing to report or providing false information\n\n**Who it affects:**\n- **Fuel companies** — importers, refiners, wholesalers, and large stockholders of petroleum products\n- **The Australian Border Force** — can share customs information with the Secretary\n- **International bodies** — Australia reports data to the International Energy Agency under treaty obligations\n\n**Key protections:**\n- **Commercial-in-confidence** information (trade secrets that would harm competitiveness) cannot be published\n- **Personal information** is protected\n- **Secrecy offences** (up to 2 years imprisonment) apply to officials who improperly disclose protected information\n\n**Why it matters:**\nThis gives the Government real-time visibility into Australia's fuel supply chain — critical for national security, emergency planning, and meeting international energy security commitments. It was later expanded to support the **Fuel Security Act 2021**, which introduced minimum stockholding requirements for fuel companies."}},"importantCases":[],"_links":{"self":"/api/acts/petroleum-and-other-fuels-reporting-act-2017","history":"/api/acts/petroleum-and-other-fuels-reporting-act-2017/history","analysis":"/api/acts/petroleum-and-other-fuels-reporting-act-2017/analysis","conflicts":"/api/acts/petroleum-and-other-fuels-reporting-act-2017/conflicts","importantCases":"/api/acts/petroleum-and-other-fuels-reporting-act-2017/important-cases","documents":"/api/acts/petroleum-and-other-fuels-reporting-act-2017/documents"}}