{"id":"petroleum-products-regulation-act-1995","name":"Petroleum Products Regulation Act 1995","slug":"petroleum-products-regulation-act-1995","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106257,"registerId":"sa-petroleum-products-regulation-act-1995-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Petroleum Products Regulation Act 1995","content":"South Australia\nPetroleum Products Regulation Act 1995\nAn Act to regulate the sale of petroleum products; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n4\tInterpretation\n4A\tRetail quantity\n4D\tNotional sale and purchase\n6\tApplication of Act\n7\tNon-derogation\nPart 2—Licences\n8\tRequirement for licence\n9\tIssue or renewal of licence\n10\tLicence term etc\n11\tConditions of licence\n12\tVariation of licence\n13\tForm of application and licence fee\n17\tOffence relating to licence conditions\n18\tCancellation or suspension of licence\nPart 5—Periods of restriction and rationing\nDivision 1—Interpretation\n32\tInterpretation\nDivision 2—Declaration of periods of restriction and rationing\n33\tDeclaration of periods of restriction and rationing\nDivision 3—Controls during periods of restriction\n34\tControls during periods of restriction\nDivision 4—Controls during rationing periods\n35\tControls during rationing periods\n36\tPermits\nDivision 5—Limit on proceedings against Minister\n37\tLimit on proceedings against Minister\nDivision 6—Conservation of petroleum products\n38\tPublication of desirable principles for conserving petroleum\n39\tSpecial consideration to be given to those living in country areas\nPart 8—Authorised officers\n42\tAppointment of authorised officers\n43\tIdentification of authorised officers\n44\tPowers of authorised officers\n45\tOffence to hinder etc authorised officers\n46\tSelf-incrimination\nPart 9—Reviews\n47\tReviews\nPart 11—Miscellaneous\n49\tDelegation\n50\tRegister\n51\tParticulars of dealings with petroleum products\n52\tRecords to be kept of bulk transport of petroleum products\n53\tRecords to be kept\n53A\tFalsely claiming to hold licence or permit etc\n54\tFalse or misleading information\n55\tStatutory declarations\n56\tConfidentiality\n57\tGeneral defence\n60\tContinuing offence\n61\tProsecutions\n62\tEvidence\n63\tService\n64\tRegulations\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Petroleum Products Regulation Act 1995.\n4—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nauthorised officer means an authorised officer under Part 8;\nCommissioner means the person for the time being holding or acting in the position of the Commissioner of State Taxation or a position of Deputy Commissioner of State Taxation and any other person performing any of the duties or functions of the Commissioner of State Taxation or a Deputy Commissioner of State Taxation;\nCommonwealth customs duty means customs duty on petroleum products payable under the Customs Tariff Act 1995 of the Commonwealth, or other legislation of the Commonwealth prescribed under this Act;\nCommonwealth excise duty means excise duty on petroleum products payable under the Excise Tariff Act 1921 of the Commonwealth, or other legislation of the Commonwealth prescribed under this Act;\ncondition, in relation to a licence or permit, includes a limitation or restriction;\ncontravention includes failure to comply with a requirement;\ncorresponding law means a law of another State, or of a Territory, of the Commonwealth declared by regulation to be a corresponding law for the purposes of this Act;\ndiesel fuel means a petroleum or shale product used or capable of being used in propelling a diesel engined road vehicle, but does not include a prescribed substance;\neligible petroleum products means petroleum products on which Commonwealth customs or excise duty has been paid or is payable but does not include petroleum products prepared by mixture of a petroleum product on which such duty has been paid or is payable with a petroleum product on which such duty has not been paid nor is payable;\nlicence means a licence under Part 2;\nlicensee means the holder of a licence under Part 2;\nliquefied petroleum gas means a hydrocarbon fluid composed predominantly of any of the following hydrocarbons or mixtures of all or any of them:\n\t(a)\tpropane (C3H8);\n\t(b)\tpropylene (C3H6);\n\t(c)\tbutane (C4H10);\n\t(d)\tbutylene (C4H8);\nmotor spirit means petrol or other petroleum or shale spirit having a closed-cup flash point of less than 23° Celsius when tested by the Abel method as set out in Part 1 of Australian Standard 2106 \"Determination of the Flash Point of Flammable Liquids (Closed Cup)\", but does not include—\n\t(a)\tsolvents; or\n\t(b)\tspecial boiling point spirits; or\n\t(c)\tliquefied petroleum gas; or\n\t(d)\tany prescribed substance;\nperiod of restriction means a period declared by proclamation under Part 5 to be a period of restriction (whether or not it is also a rationing period);\npermit means a permit under Part 5;\npermit holder means a person to whom a permit is issued under Part 5;\npetroleum product means—\n\t(a)\tmotor spirit; or\n\t(b)\tdiesel fuel; or\n\t(c)\tliquefied petroleum gas; or\n\t(d)\tany other substance declared by regulation to be a petroleum product;\npremises includes any place or vehicle;\nrationed petroleum product means a petroleum product of a kind declared by proclamation under Part 5 to be rationed petroleum products;\nrationing period means a period of restriction declared by proclamation under Part 5 to be a rationing period;\nrecord includes any book, document or writing and any other source of information compiled, recorded or stored by computer, microfilm or other process, or in any other manner or by any other means;\nretail licence means a licence under Part 2 that authorises retail sales of petroleum products;\nretail sale means a sale in a retail quantity for the purposes of use or consumption, and its correlatives and derivatives have corresponding meanings;\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013;\nunleaded petrol means petrol that—\n\t(a)\tdoes not contain more than 0.013 grams of lead; and\n\t(b)\tdoes not contain more than 0.0013 grams of phosphorus,\nper litre;\nvehicle includes any kind of aircraft or vessel;\nvending machine means a machine constructed to dispense petroleum products on the insertion into the machine of money or a token, card, disk or other object;\nwholesale means a sale other than a retail sale;\nwholesale licence means a licence under Part 2 that authorises the sale of petroleum products by wholesale.\n\t(2)\tIn this Act, a reference to a Commonwealth Act includes a reference to—\n\t(a)\tthat Commonwealth Act as amended and in force for the time being; and\n\t(b)\tan Act enacted in substitution for that Act.\n4A—Retail quantity\n\t(1)\tSubject to this section, for the purposes of this Act retail quantity in relation to petroleum products means a quantity not exceeding 3 000 litres or, if some other quantity is prescribed by regulation, that quantity.\n\t(2)\tHowever, a quantity of petroleum products is not a retail quantity unless it is delivered at a fixed site by a metered pump into—\n\t(a)\ta running tank of a vehicle; or\n\t(b)\ta container that has a capacity of less than 250 litres.\n\t(3)\tThe regulations may prescribe different quantities for different types of petroleum products.\n4D—Notional sale and purchase\nThe regulations may declare that, for the purposes of a specified provision of this Act, a sale and purchase of petroleum products is to be taken to occur in specified circumstances where petroleum products are delivered or allocated for sale or consumption.\n6—Application of Act\n\t(1)\tThe Minister may, by notice published in the Gazette—\n\t(a)\texempt a class of persons or petroleum products from the application of this Act or a specified provision of this Act unconditionally or subject to specified conditions; and\n\t(b)\tvary or revoke a notice under this subsection.\n\t(2)\tThe Minister may, by notice in writing to a person—\n\t(a)\texempt the person from the application of this Act or a specified provision of this Act unconditionally or subject to specified conditions; and\n\t(b)\tvary or revoke a notice under this subsection.\n7—Non-derogation\n\t(1)\tThe provisions of this Act are in addition to and do not derogate from the provisions of any other Act.\nPart 2—Licences\n8—Requirement for licence\nA person must not sell petroleum products by retail sale or wholesale unless authorised to do so under a licence.\nMaximum penalty: $10 000.\n9—Issue or renewal of licence\n\t(1)\tThe Minister may, on application by a person, issue or renew, or refuse to issue or renew, a licence under this Act.\n\t(3)\tThe Minister may, if he or she thinks fit, renew a licence despite the fact that application for renewal of the licence was made after the end of the previous term of the licence.\n10—Licence term etc\n\t(2)\tSubject to this Act, a licence expires on the second anniversary of the date of its issue and may be renewed on application for successive terms of 2 years.\n\t(3)\tA licence has effect, on issue or renewal, from the date specified in the licence for that purpose which may be earlier than the date of application for the issue or renewal of the licence.\n\t(4)\tThe holder of a licence may, at any time, by notice in writing to the Minister, surrender the licence, at which time the licence ceases to have effect.\n\t(5)\tA licence is not transferable except by way of variation of the licence under section 12.\n11—Conditions of licence\n\t(1)\tThe Minister may fix conditions of a licence.\n\t(2)\tWithout limiting subsection (1), licence conditions may include the following:\n\t(f)\tconditions limiting the premises that may be used under the licence;\n\t(g)\tconditions limiting sales of petroleum products that may be authorised by the licence;\n\t(gb)\tconditions as to the terms that any contract for the sale of eligible petroleum products entered into between a licensee who is a manufacturer or importer of petroleum products and any purchaser must contain in relation to the time of payment for that component of the sale price of the petroleum products that is referable to the Commonwealth excise or customs duty paid or payable by the manufacturer or importer, as the case may be;\n\t(h)\tconditions requiring the keeping of records and the provision of information;\n\t(i)\tconditions authorised or fixed by Part 5 or the regulations.\n12—Variation of licence\n\t(1)\tThe Minister may, on application or at the Minister's own initiative, substitute, add, remove or vary a condition of a licence or otherwise vary a licence.\n\t(2)\tWithout limiting subsection (1)—\n\t(a)\tthe Minister may vary a licence by substituting another person as the licensee;\n\t(b)\tthe Minister may vary a licence on the Minister's own initiative if satisfied that the licensee has contravened or failed to comply with this Act or that other sufficient cause exists.\n\t(3)\tA licence may be varied—\n\t(a)\tby endorsement of the licence; or\n\t(b)\tby notice in writing to the licensee; or\n\t(c)\tby a notice published under Part 5.\n13—Form of application and licence fee\n\t(1)\tAn application for the issue, renewal or variation of a licence must be made to the Minister in a manner and form approved by the Minister and contain the information required by the Minister.\n\t(2)\tAn applicant must provide any further information that the Minister reasonably requires for the purposes of determining the application.\n\t(3)\tAn application may not be granted except on payment of the appropriate fee under the regulations.\n17—Offence relating to licence conditions\nA licensee must not contravene or fail to comply with a condition of the licence.\nMaximum penalty: $10 000.\n18—Cancellation or suspension of licence\nThe Minister may, if satisfied that a licensee has contravened or failed to comply with this Act or that other sufficient cause exists, suspend or cancel the licence.\nPart 5—Periods of restriction and rationing\nDivision 1—Interpretation\n32—Interpretation\nIn this Part, unless the contrary intention appears—\nsale includes—\n\t(a)\tbarter or exchange;\n\t(b)\toffer or agreement to sell, barter or exchange;\n\t(c)\tdelivery in pursuance of sale, barter or exchange,\nand sell and purchase have corresponding meanings.\nDivision 2—Declaration of periods of restriction and rationing\n33—Declaration of periods of restriction and rationing\n\t(1)\tIf, in the opinion of the Governor, circumstances have arisen, or are likely to arise, that have caused, or are likely to cause, shortages of petroleum products in the State, the Governor may—\n\t(a)\tby proclamation, declare a period (commencing on the date of the proclamation, or some specified later date, and extending for not more than seven days) to be a period of restriction; and\n\t(b)\tif the Governor thinks fit, by the same or a subsequent proclamation—\n\t(i)\tdeclare that the period of restriction will, as from its commencement, or some specified later date, be a rationing period; and\n\t(ii)\tdeclare petroleum products of specified kinds to be rationed petroleum products.\n\t(2)\tThe Governor may, by proclamation—\n\t(a)\textend a period of restriction for successive periods (each not to exceed seven days) but not so that the total period exceeds 28 days; or\n\t(b)\textend a period of restriction by such other period or periods as may be authorised by a resolution of both Houses of Parliament; or\n\t(c)\tvary or revoke a declaration under subsection (1)(b); or\n\t(d)\trevoke a proclamation under this section.\n\t(3)\tA period of restriction that has been declared to be a rationing period continues to be a rationing period during any extension of the period of restriction unless the declaration by virtue of which it became a rationing period is revoked.\n\t(4)\tWhere a period of restriction expires, no subsequent period may be declared to be a period of restriction unless—\n\t(a)\tthat subsequent period commences 14 days or more after the expiration of the former period of restriction; or\n\t(b)\tthe declaration is authorised by a resolution of both Houses of Parliament.\nDivision 3—Controls during periods of restriction\n34—Controls during periods of restriction\n\t(1)\tThe Minister may, if of the opinion that it is in the public interest to do so—\n\t(a)\tfix conditions of licences; and\n\t(b)\tissue directions,\nthat apply during a period of restriction in relation to petroleum products.\n\t(2)\tWithout limiting the effect of subsection (1), licence conditions or directions may—\n\t(a)\tfix maximum prices in relation to classes of sales of petroleum products; or\n\t(b)\tprohibit sales of petroleum products.\n\t(3)\tLicence conditions or directions under this section may relate to petroleum products generally, or to petroleum products of a specified kind.\n\t(4)\tLicence conditions under this section—\n\t(a)\tmay apply to—\n\t(i)\ta particular licence; or\n\t(ii)\ta particular class of licences; and\n\t(b)\tif applying to a class of licences—may be fixed by notice published in the Gazette or in a newspaper circulating generally throughout the State.\n\t(5)\tDirections under this section—\n\t(a)\tmay apply to—\n\t(i)\ta particular person; or\n\t(ii)\ta particular class of persons; or\n\t(iii)\tthe public generally; and\n\t(b)\tif applying to—\n\t(i)\ta particular person—may be issued by notice in writing to the person; or\n\t(ii)\ta particular class of persons or the public generally—may be issued by notice published—\n\t(A)\tin the Gazette; or\n\t(B)\ton a website determined by the Minister; or\n\t(C)\tin a newspaper circulating generally throughout the State.\n\t(6)\tA person to whom a direction is issued under this section must not contravene or fail to comply with the direction.\nMaximum penalty: \n\t(a)\tin the case of a body corporate—$250 000;\n\t(b)\tin the case of a natural person—$10 000.\n\t(7)\tA licence condition or direction under this section—\n\t(a)\tdoes not operate after the end of the period of restriction in relation to which it was fixed or issued; and\n\t(b)\tmay be varied or revoked by the Minister in the manner in which it was fixed or issued.\n\t(8)\tThe Minister may, if of the opinion that it is just to do so, compensate a licensee or person who has incurred expenses in complying with a condition or direction under this section.\nDivision 4—Controls during rationing periods\n35—Controls during rationing periods\n\t(1)\tDuring a rationing period a person must not sell rationed petroleum products except to a permit holder.\nMaximum penalty: \n\t(a)\tin the case of a body corporate—$250 000;\n\t(b)\tin the case of a natural person—$10 000.\n\t(2)\tDuring a rationing period a person must not purchase rationed petroleum products unless the person is a permit holder.\nMaximum penalty: \n\t(a)\tin the case of a body corporate—$250 000;\n\t(b)\tin the case of a natural person—$10 000.\n\t(3)\tThis section does not apply to the sale of rationed petroleum products to, or the purchase of rationed petroleum products by, a person in the ordinary course of carrying on a business of selling petroleum products.\n36—Permits\n\t(1)\tThe Minister may, if satisfied that it is in the public interest to do so, issue a permit to any person.\n\t(2)\tThe Minister may fix conditions of a permit as the Minister thinks fit.\n\t(3)\tWithout limiting the effect of subsection (2), permit conditions may limit the quantity or value of rationed petroleum products that may be purchased under the permit—\n\t(a)\tby reference to stipulated maxima; or\n\t(b)\tby reference to coupons to be given by the permit holder on purchasing rationed petroleum products; or\n\t(c)\tby any other means of limitation.\n\t(4)\tIt is a condition of a permit that the permit holder must carry the permit at all times when driving a motor vehicle to which petroleum products have been supplied under the permit.\n\t(5)\tA permit holder must not contravene or fail to comply with a condition of the permit.\nMaximum penalty: \n\t(a)\tin the case of a body corporate—$250 000;\n\t(b)\tin the case of a natural person—$10 000.\n\t(6)\tThe Minister may by notice in writing served on a permit holder cancel the permit.\n\t(7)\tOn cancellation of a permit, the former permit holder must return the permit to the Minister or a person nominated by the Minister.\nMaximum penalty: \n\t(a)\tin the case of a body corporate—$250 000;\n\t(b)\tin the case of a natural person—$10 000.\n\t(8)\tA permit is not transferable.\nDivision 5—Limit on proceedings against Minister\n37—Limit on proceedings against Minister\nExcept as provided by Part 9, no proceedings can be instituted against the Minister to compel the Minister to take, or to refrain from taking, any action under this Part.\nDivision 6—Conservation of petroleum products\n38—Publication of desirable principles for conserving petroleum\n\t(1)\tThe Minister may publish principles that the public should, in the Minister's opinion, be encouraged to observe in relation to the conservation of petroleum products during a period of restriction, by notice published—\n\t(a)\tin the Gazette; or\n\t(b)\ton a website determined by the Minister; or\n\t(c)\tin a newspaper circulating generally throughout the State.\n\t(2)\tIf, during a period of restriction, a person, by conforming with principles published under subsection (1), commits a breach of a policy of insurance, that breach is, for the purpose of determining the rights of that person under the policy, to be disregarded.\n39—Special consideration to be given to those living in country areas\nIn exercising powers under this Part, the Minister must give special consideration to the needs of those living in country areas of this State.\nPart 8—Authorised officers\n42—Appointment of authorised officers\n\t(1)\tThe Minister may appoint persons to be authorised officers for the purposes of this Act.\n\t(2)\tAn appointment may be made subject to conditions specified in the instrument of appointment.\n\t(3)\tThe Minister may, at any time, revoke an appointment or vary, revoke or add a condition of an appointment.\n\t(4)\tAll members of the police force and authorised officers under the Taxation Administration Act 1996 are authorised officers for the purposes of this Act.\n43—Identification of authorised officers\n\t(1)\tAn authorised officer, other than a member of the police force, must be issued with an identity card—\n\t(a)\tcontaining the person's name and a photograph of the person; and\n\t(b)\tstating that the person is an authorised officer for the purposes of this Act.\n\t(2)\tWhere the powers of an authorised officer have been limited by conditions under this Part, the identity card issued to the authorised officer must contain a statement of the limitation on the officer's powers.\n\t(3)\tAn authorised officer must, at the request of a person in relation to whom the authorised officer intends to exercise any powers under this Act, produce for the inspection of the person—\n\t(a)\tin the case of an authorised officer who is a member of the police force and is not in uniform—his or her certificate of authority; or\n\t(b)\tin the case of an authorised officer who is not a member of the police force—his or her identity card.\n44—Powers of authorised officers\n\t(1)\tSubject to this Part, an authorised officer may—\n\t(a)\tenter and remain on premises and inspect premises for any reasonable purpose connected with the administration or enforcement of this Act;\n\t(b)\twith the authority of a warrant issued under this Part or in circumstances in which the authorised officer reasonably believes that immediate action is required, use reasonable force to break into or open any part of, or anything in or on premises;\n\t(d)\trequire a person to produce a record, including a written record that reproduces in an understandable form information stored by computer, microfilm or other process, as reasonably required in connection with the administration or enforcement of this Act;\n\t(e)\texamine, copy or take extracts from a record, or require a person to provide a copy of a record, as reasonably required in connection with the administration or enforcement of this Act;\n\t(f)\tremove and retain a record for so long as is reasonably necessary for the purpose of making a copy of the record;\n\t(g)\ttake photographs, films, audio, video or other recordings as reasonably required in connection with the administration or enforcement of this Act;\n\t(j)\trequire a person who the authorised officer reasonably suspects has committed, is committing or is about to commit, a contravention of this Act to state the person's full name and usual place of residence and to produce evidence of the person's identity;\n\t(k)\trequire a person who the authorised officer reasonably suspects has knowledge of matters in respect of which information is reasonably required for the administration or enforcement of this Act to answer questions in relation to those matters;\n\t(l)\trequire a person holding or required to hold a licence or permit to produce it for inspection;\n\t(m)\tgive directions reasonably required in connection with the exercise of a power conferred by this subsection or otherwise in connection with the administration or enforcement of this Act.\n\t(2)\tA magistrate may issue a warrant for the purposes of subsection (1) if satisfied that the warrant is reasonably required for the administration or enforcement of this Act.\n\t(3)\tIn the exercise of powers under this Act an authorised officer may be assisted by such persons as he or she considers necessary in the circumstances.\n\t(4)\tAn authorised officer may require an occupier of any place to give to the authorised officer or a person assisting the authorised officer such assistance as is reasonably required by the authorised officer for the effective exercise of powers conferred by this Act.\n45—Offence to hinder etc authorised officers\nA person who—\n\t(a)\thinders or obstructs an authorised officer, or a person assisting an authorised officer, in the exercise of powers conferred by this Act; or\n\t(b)\tuses abusive, threatening or insulting language to an authorised officer, or a person assisting an authorised officer; or\n\t(c)\trefuses or fails to comply with a requirement or direction of an authorised officer under this Part; or\n\t(d)\twhen required by an authorised officer under this Part to answer a question, refuses or fails to answer the question to the best of the person's knowledge, information and belief; or\n\t(e)\tfalsely represents, by words or conduct, that he or she is an authorised officer,\nis guilty of an offence.\nMaximum penalty: $5 000.\n46—Self-incrimination\n\t(1)\tIt is not an excuse for a person to refuse or fail to answer a question or to produce, or provide a copy of, a record or information as required under this Part on the ground that to do so might tend to incriminate the person or make the person liable to a penalty.\n\t(2)\tIf compliance by a person with a requirement to answer a question or to produce, or provide a copy of, a record or information might tend to incriminate the person or make the person liable to a penalty, then—\n\t(a)\tin the case of a person who is required to produce, or provide a copy of, a record or information—the fact of production, or provision of a copy of, the record or the information (as distinct from the contents of the record or the information); or\n\t(b)\tin any other case—the answer given in compliance with the requirement,\nis not admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty (other than proceedings under this Act).\nPart 9—Reviews\n47—Reviews\n\t(1)\tIf—\n\t(a)\ta person who applies for the issue, renewal or variation of a licence is dissatisfied with a decision of the Minister on the application; or\n\t(b)\ta person who applies for the issue of a permit by the Minister is dissatisfied with a decision of the Minister on the application; or\n\t(c)\ta person who holds a licence is dissatisfied with a decision of the Minister to vary, suspend or cancel the licence; or\n\t(d)\ta person who holds a permit is dissatisfied with a decision of the Minister to cancel the permit,\nthe person may seek a review of the decision by the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013.\n\t(2)\tThe Minister must, on application by a person affected by a decision that may be the subject of a review, state in writing the reasons for the Minister's decision.\n\t(3)\tSubject to subsection (4), an application for a review must be made within 1 month after the person receives notice of the relevant decision (or such longer period as the Tribunal may allow).\n\t(4)\tIf the reasons of the Minister are not given in writing at the time of making the decision that is to be the subject of a review and the person seeking the review, within 1 month of the making of the decision, requires the Minister's reasons in writing, the time for applying for a review runs from the time when the person receives the written statement of those reasons.\n\t(5)\tA decision to—\n\t(a)\tvary, suspend or cancel a licence; or\n\t(b)\tcancel a permit,\nis suspended pending the determination of a review of the decision.\nPart 11—Miscellaneous\n49—Delegation\n\t(1)\tThe Minister may delegate any of the Minister's powers or functions under this Act to—\n\t(a)\tanother Minister; or\n\t(b)\tthe Commissioner; or\n\t(c)\tany person or body.\n\t(2)\tA power or function delegated under this section may, if the instrument of delegation so provides, be further delegated.\n\t(3)\tA delegation under this section—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be absolute or conditional; and\n\t(c)\tdoes not derogate from the power of the delegator to act in any matter; and\n\t(d)\tis revocable at will by the delegator.\n50—Register\n\t(1)\tThe Minister must cause a register to be kept of licensees under Part 2.\n\t(2)\tThe register must be kept available for public inspection at a place approved by the Minister during ordinary office hours.\n51—Particulars of dealings with petroleum products\n\t(1)\tThe Minister or the Commissioner may, by notice in writing, require—\n\t(a)\ta person who is carrying on, or has carried on, or is or was concerned in, a business involving or related to petroleum products;\n\t(b)\ta person who, as agent or employee of a person referred to in paragraph (a), has or has had duties or provides or has provided services in connection with a business so referred to,\nto furnish in writing, within the period specified in the notice or such further period as the Minister or Commissioner may allow, such information with respect to those petroleum products as is specified in the notice, not being information relating to any period after the date of the requirement.\n\t(2)\tA person who fails to comply with a requirement under subsection (1) is guilty of an offence.\nMaximum penalty: $5 000.\n52—Records to be kept of bulk transport of petroleum products\nWhere a quantity of petroleum products other than a retail quantity is being transported in the State by road in a vehicle (whether with or without any other goods), the person transporting the petroleum products must, while so transporting them, carry in the vehicle at all times a record containing the prescribed particulars.\nMaximum penalty: $2 500.\nExpiation fee: $200.\n53—Records to be kept\n\t(1)\tA person who carries on a business involving or related to petroleum products must keep accounts, invoices, receipts, records, books and documents as required by the Minister from time to time by notice published in the Gazette for a period of five years after the last entry is made in any of the accounts, invoices, receipts, records, books or documents.\nMaximum penalty: $2 500.\nExpiation fee: $200.\n\t(2)\tThis section does not apply so as to require the preservation of any accounts, invoices, receipts, records, books or documents—\n\t(a)\tin respect of which the Minister has notified the person carrying on the business that preservation is not required; or\n\t(b)\tof a body corporate that has gone into liquidation and been finally dissolved.\n\t(3)\tA person who purchases petroleum products pursuant to a certificate must keep invoices, receipts, records, books and documents as required by the Minister from time to time by notice published in the Gazette for a period of five years after the last entry is made in any of the records, receipts, books or documents.\nMaximum penalty: $2 500.\nExpiation fee: $200.\n\t(4)\tIn subsection (3)—\ncertificate means a bulk end user certificate issued by the Commissioner under Part 2A of this Act before the repeal of that Part by the Statutes Amendment (Budget 2010) Act 2010.\n53A—Falsely claiming to hold licence or permit etc\nA person must not falsely claim or purport to be the holder of a licence or permit.\nMaximum penalty: $10 000.\n54—False or misleading information\nA person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information furnished, or record kept, under this Act.\nMaximum penalty: $5 000.\n55—Statutory declarations\nWhere a person is required by or under this Act to furnish information to the Minister or the Commissioner, the Minister or the Commissioner may require that the information be verified by statutory declaration and, in that event, the person will not be taken to have furnished the information as required unless it has been verified in accordance with the requirements of the Minister or the Commissioner.\n56—Confidentiality\n\t(1)\tA person who is or has been engaged in the administration of this Act must not disclose any information obtained (whether by that person or some other person) under or in relation to the administration of this Act, except as permitted by this section.\nMaximum penalty: $10 000.\n\t(2)\tA person who is or has been engaged in the administration of this Act may disclose information obtained (whether by that person or some other person) under or in relation to the administration of this Act—\n\t(a)\tas authorised by or under this Act; or\n\t(b)\twith the consent of the person from whom the information was obtained or to whom the information relates; or\n\t(c)\tin connection with the administration or enforcement of this Act or a corresponding law; or\n\t(d)\tfor the purpose of any legal proceedings arising out of the administration or enforcement of this Act or a corresponding law; or\n\t(e)\tto the holder of a prescribed office or a prescribed body established under a law of this jurisdiction or another Australian jurisdiction; or\n\t(f)\tas authorised under the regulations.\n\t(3)\tThe Minister or the Commissioner may disclose information obtained under or in relation to the administration of this Act that does not directly or indirectly identify a particular licensee or any particular person to whom a regulatory scheme under this Act applies.\n\t(4)\tA person other than a person who is or has been engaged in the administration of this Act must not disclose information that—\n\t(a)\thas been obtained (whether properly or improperly and whether directly or indirectly) from another person who is or has been engaged in the administration of this Act; and\n\t(b)\tthe other person obtained under or in relation to the administration of this Act,\nunless—\n\t(c)\tthe disclosure is of a kind that a person who is or has been engaged in the administration of this Act would be permitted to make under this section; or\n\t(d)\tif the person is a prescribed office holder or body under a law of this jurisdiction or another Australian jurisdiction—the disclosure is made in connection with the performance of functions conferred or imposed on the person under a law of this jurisdiction or another Australian jurisdiction (including for the purposes of legal proceedings connected with the performance of such functions); or\n\t(e)\tthe disclosure is made with the consent of the Minister or the Commissioner.\nMaximum penalty: $10 000.\n\t(5)\tNeither the Tribunal nor a court has power to require a disclosure of information contrary to this section.\n57—General defence\nIt is a defence to a charge of an offence against this Act if the defendant proves that the offence was not committed intentionally and did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence.\n60—Continuing offence\n\t(1)\tA person convicted of an offence against a provision of this Act in respect of a continuing act or omission—\n\t(a)\tis liable, in addition to the penalty otherwise applicable to the offence, to a penalty for each day during which the act or omission continued of not more than one-tenth of the maximum penalty prescribed for that offence; and\n\t(b)\tis, if the act or omission continues after the conviction, guilty of a further offence against the provision and liable, in addition to the penalty otherwise applicable to the further offence, to a penalty for each day during which the act or omission continued after the conviction of not more than one-tenth of the maximum penalty prescribed for the offence.\n\t(2)\tIf an offence consists of an omission to do something that is required to be done, the omission will be taken to continue for as long as the thing required to be done remains undone after the end of the period for compliance with the requirement.\n61—Prosecutions\n\t(1)\tProceedings for an offence against this Act must be commenced—\n\t(a)\tin the case of an expiable offence—within the time limits prescribed for expiable offences by the Summary Procedure Act 1921;\n\t(b)\tin any other case—within two years after the date on which the offence is alleged to have been committed or, with the authorisation of the Minister, at a later time within five years after that date.\n\t(2)\tA prosecution for an offence against this Act cannot be commenced except with the consent of the Minister.\n\t(3)\tIn any proceedings, an apparently genuine document purporting to be a certificate of the Minister, certifying authorisation of, or consent to, a prosecution for an offence against this Act will be accepted, in the absence of proof to the contrary, as proof of the authorisation or consent.\n62—Evidence\n\t(1)\tIn any proceedings for an offence against this Act, an apparently genuine document purporting to be a certificate of the Minister certifying—\n\t(a)\tthat a person is an authorised officer or was an authorised officer at a specified date; or\n\t(b)\tthat a person was or was not the holder of a licence of a specified kind at a specified date; or\n\t(c)\tthat a person was or was not the holder of a permit at a specified date; or\n\t(ca)\tthat a person was or was not the holder of a certificate of a specified kind at a specified date; or\n\t(d)\tthat a specified period is or was a period of restriction or a rationing period; or\n\t(e)\tthat a specified substance—\n\t(i)\tis or was a petroleum product of a specified kind; or\n\t(ii)\twas, on a specified date, a rationed petroleum product,\nconstitutes proof of the matters so certified in the absence of proof to the contrary.\n\t(1a)\tIn subsection (1)(ca)—\ncertificate means a bulk end user certificate issued by the Commissioner under Part 2A of this Act before the repeal of that Part by the Statutes Amendment (Budget 2010) Act 2010.\n\t(2)\tThe presence on any premises of a vending machine from which petroleum products may be obtained is to be taken to constitute conclusive evidence that the occupier of the premises has sold petroleum products by means of the machine unless a licensee is authorised by licence to sell petroleum products by means of the machine.\n63—Service\n\t(1)\tA notice, order or other document to be given to or served on a person under this Act may be given or served—\n\t(a)\tby delivering it personally to the person or an agent of the person; or\n\t(b)\tby leaving it for the person at the person's place of residence or business with someone apparently over the age of 16 years; or\n\t(c)\tby posting it to the person or agent of the person at the person's or agent's last known place of residence or business.\n\t(2)\tWithout limiting the effect of subsection (1), a notice, order or other document required or authorised to be given to or served on a person may—\n\t(a)\tif the person is the holder of a licence or a permit under this Act—given to or served on the person—\n\t(i)\tby posting it to the person at the address last provided by the person for that purpose; or\n\t(ii)\tby transmitting it to the person by facsimile transmission to the number last provided by the person for that purpose; or\n\t(b)\tif the person is a company or registered body within the meaning of the Corporations Act 2001 of the Commonwealth—be served on that company or registered body in accordance with section 109X or 601CX of that Act, as the case requires.\n64—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tWithout limiting the generality of subsection (1), those regulations may—\n\t(a)\tprescribe matters required or authorised to be prescribed under this Act;\n\t(b)\tprovide for and require the making of returns relating to dealings with petroleum products;\n\t(c)\tprovide for the keeping of records under this Act;\n\t(d)\tfix fees (which may vary according to different factors) to be paid in respect of any matter under this Act and regulate the payment, recovery, waiver or reduction of such fees;\n\t(e)\timpose a penalty not exceeding $2 500 for a breach of a regulation.\n\t(2a)\tThe Governor may make regulations authorising specified powers conferred by or under this Act to be exercised for the purposes of the administration or enforcement of a corresponding law.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation repealed by principal Act\nThe Petroleum Products Regulation Act 1995 repealed the following:\nBusiness Franchise (Petroleum Products) Act 1979\nMotor Fuel Distribution Act 1973\nPetroleum Shortages Act 1980\nLegislation amended by principal Act\nThe Petroleum Products Regulation Act 1995 amended the following:\nEnvironment Protection Act 1993\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1995\n30\nPetroleum Products Regulation Act 1995\n27.4.1995\n1.7.1995 (Gazette 1.6.1995 p2529)\n1998\n29\nPetroleum Products Regulation (Licence Fees and Subsidies) Amendment Act 1998\n16.4.1998\n1.5.1998 (Gazette 23.4.1998 p1926)\n2000\n4\nDistrict Court (Administrative and Disciplinary Division) Amendment Act 2000\n20.4.2000\nSch 1 (cl 29)—1.6.2000 (Gazette 18.5.2000 p2554)\n2000\n21\nNational Tax Reform (State Provisions) Act 2000\n8.6.2000\n8.6.2000\n2001\n23\nStatutes Amendment (Corporations) Act 2001\n14.6.2001\nPt 27 (s 97)—15.7.2001 being the day on which the Corporations Act 2001 of the Commonwealth came into operation: Commonwealth of Australia Gazette No. S 285, 13 July 2001 (Gazette 21.6.2001 p2270)\n2002\n35\nStatutes Amendment (Stamp Duties and Other Measures) Act 2002\n28.11.2002\nPt 5 (s 14)—28.11.2002: s 2(1)\n2007\n35\nStatutes Amendment (Petroleum Products) Act 2007\n20.9.2007\nPt 3 (ss 5—21)—1.7.2008 (Gazette 13.3.2008 p1006)\n2009\n84\nStatutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 111 (s 263)—1.2.2010 (Gazette 28.1.2010 p320)\n2010\n22\nStatutes Amendment (Budget 2010) Act 2010\n18.11.2010\nPt 9 (ss 45—58)—1.1.2011: s 2(5)\n2011\n36\nStatutes Amendment (Directors' Liability) Act 2011\n22.9.2011\nPt 14 (ss 16—19)—1.1.2012 (Gazette 15.12.2011 p4988)\n2017\n51\nStatutes Amendment (SACAT No 2) Act 2017\n28.11.2017\nPt 35 (ss 195 to 198)—22.2.2018 (Gazette 30.1.2018 p524)\n2019\n25\nStatutes Amendment and Repeal (Simplify) Act 2019\n3.10.2019\nPt 34 (ss 75 & 76)—3.10.2019: s 2(1)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n\n\nsubstituted by 35/2007 s 5\n1.7.2008\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n\ns 3\ndeleted by 29/1998 s 3\n1.5.1998\ns 4\n\n\ns 4(1)\n\n\nannual licence\ndeleted by 29/1998 s 4(a)\n1.5.1998\nbulk end user certificate\ninserted by 29/1998 s 4(b)\n1.5.1998\n\ndeleted by 21/2000 s 14(a)\n8.6.2000\ncertificate\ninserted by 29/1998 s 4(b)\n1.5.1998\n\ndeleted by 21/2000 s 14(a)\n8.6.2000\nbulk end user certificate or certificate\ninserted by 21/2000 s 14(a)\n8.6.2000\n\ndeleted by 22/2010 s 45(1)\n1.1.2011\nCommissioner\namended by 29/1998 s 4(c)\n1.5.1998\nCommonwealth customs duty\ninserted by 29/1998 s 4(d)\n1.5.1998\nCommonwealth excise duty\ninserted by 29/1998 s 4(d)\n1.5.1998\ncondition\namended by 29/1998 s 4(e)\n1.5.1998\n\namended by 22/2010 s 45(2)\n1.1.2011\nConsumer Price Index\ndeleted by 29/1998 s 4(f)\n1.5.1998\nconveyance\ndeleted by 35/2007 s 6\n1.7.2008\ncorresponding law\ninserted by 29/1998 s 4(g)\n1.5.1998\ndangerous situation\ndeleted by 35/2007 s 6\n1.7.2008\ndevelopment authorisation\ndeleted by 35/2007 s 6\n1.7.2008\neligible petroleum products\ninserted by 29/1998 s 4(h)\n1.5.1998\nEnvironment Protection Fund\ndeleted by 29/1998 s 4(i)\n1.5.1998\nHighways Fund\ndeleted by 29/1998 s 4(i)\n1.5.1998\nindustrial pump\ndeleted by 35/2007 s 6\n1.7.2008\nlicence\namended by 29/1998 s 4(j)\n1.5.1998\nmember of a group\ndeleted by 29/1998 s 4(k)\n1.5.1998\nmonthly licence\ndeleted by 29/1998 s 4(k)\n1.5.1998\noff-road diesel fuel user certificate\ninserted by 29/1998 s 4(l)\n1.5.1998\n\ndeleted by 21/2000 s 14(b)\n8.6.2000\nplant\ndeleted by 35/2007 s 6\n1.7.2008\nprescribed retail sale\ndeleted by 35/2007 s 6\n1.7.2008\nrelevant period\ndeleted by 29/1998 s 4(m)\n1.5.1998\nretail licence\ninserted by 29/1998 s 4(m)\n1.5.1998\nRetail Outlets Board\ndeleted by 35/2007 s 6\n1.7.2008\nretail sale\namended by 29/1998 s 4(n)\n1.5.1998\nTribunal\ninserted by 51/2017 s 195\n22.2.2018\nvoting share\ndeleted by 29/1998 s 4(o)\n1.5.1998\nwholesale\ninserted by 29/1998 s 4(o)\n1.5.1998\nwholesale licence\ninserted by 29/1998 s 4(o)\n1.5.1998\ns 4(2)\nsubstituted by 29/1998 s 4(p)\n1.5.1998\ns 4A\ninserted by 29/1998 s 5\n1.5.1998\ns 4B\ninserted by 29/1998 s 5\n1.5.1998\n\ndeleted by 22/2010 s 46\n1.1.2011\ns 4C\ninserted by 29/1998 s 5\n1.5.1998\n\ndeleted by 21/2000 s 15\n8.6.2000\ns 4D\ninserted by 29/1998 s 5\n1.5.1998\ns 5\ndeleted by 22/2010 s 47\n1.1.2011\ns 7\n\n\ns 7(2)\ndeleted by 35/2007 s 7\n1.7.2008\nPt 2\n\n\nPt 2 Div 1\nheading deleted by 29/1998 s 6\n1.5.1998\ns 8 before substitution by 35/2007\n\n\ns 8(1)\namended by 29/1998 s 7(a)\n1.5.1998\ns 8(1a)\ninserted by 29/1998 s 7(b)\n1.5.1998\ns 8(2)\ndeleted by 29/1998 s 7(c)\n1.5.1998\ns 8\nsubstituted by 35/2007 s 8\n1.7.2008\n\namended by 22/2010 s 48\n1.1.2011\ns 9\n\n\ns 9(2)\ndeleted by 29/1998 s 8(a)\n1.5.1998\ns 9(3)\namended by 29/1998 s 8(b)\n1.5.1998\ns 9(4) and (5)\ndeleted by 29/1998 s 8(c)\n1.5.1998\ns 10\n\n\ns 10(1)\ndeleted by 29/1998 s 9(a)\n1.5.1998\ns 10(2)\namended by 29/1998 s 9(b)\n1.5.1998\n\nsubstituted by 35/2007 s 9\n1.7.2008\ns 10(4)\namended by 29/1998 s 9(c)\n1.5.1998\ns 10(5)\ninserted by 29/1998 s 9(d)\n1.5.1998\ns 11\n\n\ns 11(2)\namended by 29/1998 s 10\n1.5.1998\n\n(a)—(e) deleted by 35/2007 s 10(1)\n1.7.2008\n\namended by 35/2007 s 10(2)\n1.7.2008\n\n(ga) deleted by 22/2010 s 49\n1.1.2011\ns 11(3)\ndeleted by 35/2007 s 10(3)\n1.7.2008\ns 12\n\n\ns 12(2)\namended by 35/2007 s 11\n1.7.2008\ns 13\n\n\ns 13(3)\ninserted by 29/1998 s 11\n1.5.1998\nss 14—16\ndeleted by 35/2007 s 12\n1.7.2008\ns 17\namended by 35/2007 s 13\n1.7.2008\ns 19\ndeleted by 35/2007 s 14\n1.7.2008\nPt 2 Div 2\ndeleted by 29/1998 s 12\n1.5.1998\nPt 2A before deletion by 22/2010\ninserted by 29/1998 s 13\n1.5.1998\ns 20\n\n\ns 20(3)\nsubstituted by 21/2000 s 16(a)\n8.6.2000\ns 20(5)\ndeleted by 21/2000 s 16(b)\n8.6.2000\ns 20(7)\ndeleted by 21/2000 s 16(c)\n8.6.2000\ns 20(8)\nsubstituted by 21/2000 s 16(d)\n8.6.2000\ns 20(10)\ndeleted by 21/2000 s 16(e)\n8.6.2000\ns 23\n\n\ns 23(7)\ndeleted by 21/2000 s 17(a)\n8.6.2000\ns 23(12)\ndeleted by 21/2000 s 17(b)\n8.6.2000\nss 23B and 23C\ndeleted by 21/2000 s 18\n8.6.2000\ns 23F\n\n\ns 23F(1)\namended by 21/2000 s 19\n8.6.2000\ns 23I\n\n\ns 23I(1)\nsubstituted by 21/2000 s 20\n8.6.2000\nPt 2A\ndeleted by 22/2010 s 50\n1.1.2011\nPt 3\ndeleted by 35/2007 s 15\n1.7.2008\nPt 4\ndeleted by 35/2007 s 15\n1.7.2008\nPt 5\n\n\ns 34\n\n\ns 34(2)\nsubstituted by 35/2007 s 16\n1.7.2008\ns 34(5)\namended by 25/2019 s 75\n3.10.2019\ns 34(6)\namended by 36/2011 s 16\n1.1.2012\ns 35\n\n\ns 35(1)\nsubstituted by 29/1998 s 14(a)\n1.5.1998\n\namended by 36/2011 s 17\n1.1.2012\ns 35(2)\namended by 36/2011 s 17\n1.1.2012\ns 35(3)\namended by 29/1998 s 14(b)\n1.5.1998\ns 36\n\n\ns 36(5) and (7)\namended by 36/2011 s 18\n1.1.2012\ns 38\n\n\ns 38(1)\nsubstituted by 25/2019 s 76\n3.10.2019\nPt 6\ndeleted by 35/2007 s 17\n1.7.2008\nPt 7\ndeleted by 35/2007 s 17\n1.7.2008\nPt 8\n\n\ns 42\n\n\ns 42(4)\namended by 29/1998 s 15\n1.5.1998\ns 44\n\n\ns 44(1)\namended by 29/1998 s 16\n1.5.1998\n\n(c), (h), (i) deleted by 35/2007 s 18(1)\n1.7.2008\n\namended by 22/2010 s 51\n1.1.2011\ns 44(4)\namended by 35/2007 s 18(2)\n1.7.2008\nPt 9 before substitution by 51/2017\n\n\ns 47\n\n\ns 47(1)\namended by 29/1998 s 17(a)—(c)\n1.5.1998\n\n(f) deleted by 35/2007 s 19(1)\n1.7.2008\n\n(ab) deleted by 22/2010 s 52(1)\n1.1.2011\n\n(ca) deleted by 22/2010 s 52(2)\n1.1.2011\n\n(e) and (ea) deleted by 22/2010 s 52(3)\n1.1.2011\ns 47(2)\ndeleted by 4/2000 s 9(1) (Sch 1 cl 29(a))\n1.6.2000\ns 47(3)\namended by 29/1998 s 17(d), (e)\n1.5.1998\n\namended by 22/2010 s 52(4)\n1.1.2011\ns 47(4)\namended by 29/1998 s 17(f)\n1.5.1998\n\ndeleted by 22/2010 s 52(5)\n1.1.2011\ns 47(5)\namended by 29/1998 s 17(g), (h)\n1.5.1998\n\n(c) deleted by 35/2007 s 19(2)\n1.7.2008\ns 47(6)\ndeleted by 4/2000 s 9(1) (Sch 1 cl 29(b))\n1.6.2000\ns 47(7)\nsubstituted by 29/1998 s 17(i)\n1.5.1998\n\n(e) deleted by 35/2007 s 19(3)\n1.7.2008\n\n(b) deleted by 22/2010 s 52(6)\n1.1.2011\n\n(d) deleted by 22/2010 s 52(7)\n1.1.2011\ns 47(8)\nsubstituted by 4/2000 s 9(1) (Sch 1 cl 29(c))\n1.6.2000\n\ndeleted by 35/2007 s 19(4)\n1.7.2008\ns 47(9)\ndeleted by 4/2000 s 9(1) (Sch 1 cl 29(d))\n1.6.2000\ns 47(10)\ndeleted by 4/2000 s 9(1) (Sch 1 cl 29(e))\n1.6.2000\ns 47(11)\ndeleted by 4/2000 s 9(1) (Sch 1 cl 29(f))\n1.6.2000\nPt 9\nsubstituted by 51/2017 s 196\n22.2.2018\nPt 10\ndeleted by 29/1998 s 18\n1.5.1998\nPt 11\n\n\ns 50\n\n\ns 50(1)\nsubstituted by 29/1998 s 19\n1.5.1998\n\namended by 21/2000 s 21\n8.6.2000\n\nsubstituted by 22/2010 s 53\n1.1.2011\ns 52\nsubstituted by 29/1998 s 20\n1.5.1998\ns 53\n\n\ns 53(1) and (2)\namended by 29/1998 s 21(a)\n1.5.1998\ns 53(3)\ninserted by 29/1998 s 21(b)\n1.5.1998\ns 53(4)\ninserted by 29/1998 s 21(b)\n1.5.1998\n\nsubstituted by 22/2010 s 54\n1.1.2011\ns 53A\ninserted by 29/1998 s 22\n1.5.1998\n\namended by 22/2010 s 55\n1.1.2011\ns 56\namended by 29/1998 s 23\n1.5.1998\n\nsubstituted by 35/2002 s 14\n28.11.2002\ns 56(3)\namended by 22/2010 s 56\n1.1.2011\ns 56(5)\namended by 51/2017 s 197\n22.2.2017\ns 58\ndeleted by 84/2009 s 263\n1.2.2010\ns 59\ndeleted by 36/2011 s 19\n1.1.2012\ns 61\n\n\ns 61(1)\nsubstituted by 29/1998 s 24\n1.5.1998\ns 62\n\n\ns 62(1)\namended by 29/1998 s 25\n1.5.1998\ns 62(1a)\ninserted by 22/2010 s 57\n1.1.2011\ns 63\n\n\ns 63(2)\namended by 23/2001 s 97\n15.7.2001\ns 64\n\n\ns 64(2a)\ninserted by 29/1998 s 26\n1.5.1998\ns 64(3) and (4)\ndeleted by 35/2007 s 20\n1.7.2008\nSch 1 before deletion by 35/2007\n\n\ncl 3\n\n\ncl 3(1)\namended by 29/1998 s 27\n1.5.1998\nSch 1\ndeleted by 35/2007 s 21\n1.7.2008\nSch 2\ndeleted by 29/1998 s 28\n1.5.1998\nSch 3 before deletion by 35/2007\n\n\ncl 1\nomitted under Legislation Revision and Publication Act 2002\n\nSch 3\ndeleted by 35/2007 s 21\n1.7.2008\nSch 4\nomitted under Legislation Revision and Publication Act 2002\n\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment (Budget 2010) Act 2010\n58—Transitional provision\nThe amendments made by this Act to the Petroleum Products Regulation Act 1995 (the principal Act) do not affect—\n\t(a)\tan entitlement to a subsidy that arose under Part 2A of the principal Act in relation to petroleum products sold or purchased before the repeal of that Part by this Act (and a claim for any such subsidy that has not been made or determined before that repeal is to be made or determined (as the case requires) as if Part 2A were still in force); or\n\t(b)\tthe Commissioner's right to require the payment or repayment of an amount under section 23 of the principal Act (as if that section were still in force); or\n\t(c)\tthe right of—\n\t(i)\ta claimant for a subsidy under the principal Act to appeal to the Administrative and Disciplinary Division of the District Court against a decision by the Commissioner on the claim; or\n\t(ii)\ta person to whom the Commissioner has given a notice under section 23 of the principal Act requiring the payment or repayment of an amount to appeal to the Administrative and Disciplinary Division of the District Court against the decision to issue the notice,\n(as if section 47 of the principal Act had not been amended by this Act).\nStatutes Amendment (SACAT No 2) Act 2017, Pt 35\n198—Transitional provisions\n\t(1)\tA right to appeal to the Administrative and Disciplinary Division of the District Court under section 47 of the principal Act in relation to a matter in existence (but not yet exercised) before the relevant day, will be exercised as if this Part had been in operation before the right arose, so that the relevant proceedings may be commenced instead before the Tribunal.\n\t(2)\tNothing in this section affects any proceedings before the Administrative and Disciplinary Division of the District Court commenced under the principal Act before the relevant day.\n\t(3)\tIn this section—\nprincipal Act means the Petroleum Products Regulation Act 1995;\nrelevant day means the day on which this Part comes into operation;\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.\nHistorical versions\nReprint No 1—1.5.1998\n\nReprint No 2—8.6.2000\n\nReprint No 3—15.7.2001\n\nReprint No 4—28.11.2002\n\n1.7.2008\n\n1.2.2010\n\n1.1.2011\n\n1.1.2012\n\n22.2.2018\n\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed. No legislative text was provided due to a broken URL resulting from a South Australian government website migration around 24 March 2026. A meaningful comparison between original intent and current provisions is not possible without the actual Act."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 Page Not Found error","A complexity score cannot be meaningfully assigned without access to the Act's actual provisions","Score of 1 reflects the absence of content to analyse, not simplicity of the underlying law"],"plain_english_summary":"**⚠️ Content Unavailable — Page Not Found**\n\nThe legislation you attempted to retrieve — the *Petroleum Products Regulation Act 1995* (South Australia) — could not be loaded. The source URL returned a **\"Page Not Found\"** error, likely due to a website migration by the South Australian government on or around **24 March 2026**.\n\n**What this means for you:** No actual legislative text was provided for analysis. Any summary below would be fabricated, which could be misleading or harmful.\n\n**What you can do:**\n- Visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and search directly for the Act by name\n- Email the SA Office of Parliamentary Counsel at **OPCWeb@sa.gov.au** to report the broken link\n- Update any bookmarks created before 24 March 2026\n\n**General context (not a substitute for the actual Act):** The *Petroleum Products Regulation Act 1995* historically governed the licensing and regulation of petroleum product wholesalers and retailers in South Australia, including fuel pricing and supplier obligations. However, **no reliable analysis can be produced without the actual legislative text.**"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's practical scope has changed since the original 1995 enactment. The legislative history records multiple substantive amendments and deletions that altered the regulatory reach: most notably the repeal of Part 2A (the bulk end‑user certificate/subsidy provisions) by the Statutes Amendment (Budget 2010) Act 2010 (\"Pt 2A deleted by 22/2010 s 50 — 1.1.2011\"), and the replacement of the review pathway with the South Australian Civil and Administrative Tribunal (\"Pt 9 substituted by 51/2017 s 196 — 22.2.2018\"). Other amendments have clarified or shifted executive powers (e.g. changes to s34 and licence definitions across the history). In sum, the Act retains its core machinery for licensing, emergency declaration and enforcement but has shed some subsidy/certificate functions and had procedural appeal and operational provisions updated over time (see legislative history entries referenced)."},"complexity_factors":["Broad ministerial and gubernatorial discretion to declare restriction/rationing periods and to set licence/permit conditions (ss33, 34, 36)","Multiple licence and permit pathways with fee, form and record requirements creating administrative compliance (ss9–13, 53, 13)","Emergency time-limited proclamation mechanics with specified extension routes (s33)","High-penalty regime and continuing-offence structure increasing exposure for businesses (s34(6), s35, s36, s60)","Extensive authorised-officer powers including entry, seizure, copying and use of force in urgent cases (s44)","Confidentiality rules that restrict information disclosure even in judicial contexts (s56) combined with compelled information rules and limited admissibility (s46)","Interlocking delegated regulation-making powers and heavy reliance on regulations to fill operational detail (s64)","Multiple historical amendments and repeals (legislative history, e.g. deletion of Part 2A) complicating interpretation and current scope","Appeals and review path changes (Tribunal substitution) require attention to procedural timing and administrative reasons (s47 and legislative history)","Cross-references to Commonwealth duties and to corresponding laws (definitions and s64(2a)) add inter-jurisdictional complexity"],"plain_english_summary":"# What this law does, who it affects, and how it works\n\nThis Act creates a regulatory framework for the sale and distribution of petroleum products in South Australia. It does three main things mechanically:\n\n- Requires a licence to sell petrol, diesel, LPG and other declared petroleum products at retail or wholesale (s8). Licences are issued, renewed, varied and can be cancelled by the Minister (ss9–13, 12, 18). Licence-holders must meet licence conditions and keep records (s11, s13, s53).\n- Gives emergency powers to deal with shortages: the Governor may proclaim short \"periods of restriction\" and, if required, designate them as \"rationing periods\" (s33). While such a period is in force the Minister may fix licence conditions, issue directions, set maximum prices or prohibit sales (s34). During a rationing period only permitted persons may buy or sell rationed products; the Minister issues permits and may fix permit conditions (ss34–36).\n- Provides enforcement and information powers: authorised officers can be appointed and may enter premises, inspect and copy records, require information, and (with a warrant or in urgent circumstances) use reasonable force (Part 8, ss42–44). There are criminal and civil penalties for breaches (various sections, including s8, s17, s34(6), s35 and s36). The Act also requires keeping transport and business records and allows the Minister or Commissioner to require particulars of dealings (ss50–53, 51).\n\nWho pays and who decides\n\n- Businesses that sell or transport petroleum bear direct costs: licence fees, record‑keeping, compliance with licence or permit conditions, and exposure to criminal or civil penalties for breaches (ss13, 53, 52, s8, s17, s34(6), s35). Permit-holders must carry permits while driving vehicles supplied under the permit (s36(4)).\n- The Minister and the Governor hold the key decision-making powers: issuing and varying licences and permits (ss9, 12, 36), making exemptions (s6), declaring periods of restriction or rationing (s33, Governor), and issuing directions and price or sale controls during restriction periods (s34). The Minister may delegate many powers (s49).\n\nHow the Act is justified in the text, and the trade-offs it creates\n\n- The Act is framed to regulate sales and to respond to shortages of petroleum products (title and s33). Those aims explain the licence and emergency/rationing powers.\n\nTesting that aim against costs, incentives and trade-offs (with section references):\n\n- Compliance burden and administrative cost: licence applications and renewals must follow Minister-approved forms and pay fees (s13). Businesses must keep five years of records as required by Ministerial notice (s53). Bulk transporters must carry prescribed particulars while transporting non-retail quantities (s52). Those are ongoing costs on business operations.\n\n- Concentrated discretion, regulatory uncertainty and lobbying incentives: the Minister can exempt classes or individuals from the Act (s6), fix licence conditions (s11), vary licences on the Minister's own initiative (s12), and issue directions applying to classes or the public (s34(1), (5)). Because these choices are discretionary, parties affected can gain materially from favourable decisions; the mechanism (ministerial exemption and condition-setting) creates incentives to seek preferential treatment.\n\n- Effects on prices, contracts and competition: during restriction periods the Minister may fix maximum prices or prohibit sales (s34(2)). The Minister can also impose conditions on the payment terms in contracts for eligible petroleum products that relate to Commonwealth excise/customs duty (s11(2)(gb)). Those powers restrict contract freedom and can change competitive dynamics and prices when used.\n\n- Market access and allocation: in rationing periods only permit-holders may purchase or sell rationed products (s35), with permits limited in quantity or by coupon systems (s36(3)). That restricts who can operate in the market temporarily and shifts allocation from market mechanisms to administrative allocation (permit system).\n\n- Enforcement strength and limits on remedies: authorised officers have broad inspection and information powers including reasonable-force entry in urgent cases (s44). Significant penalties apply for breaches (e.g. up to $250,000 for corporates in several provisions such as s34(6), s35). At the same time, the Act limits proceedings to compel or restrain Ministerial action under the emergency-part provisions (s37), reducing judicial compulsion in that area. There is an avenue for review to the Tribunal for licence and permit decisions (s47).\n\n- Privacy and legal-process interactions: information gathered under the Act is protected by confidentiality rules and limited disclosure paths (s56). The Act also neutralises self-incrimination as an excuse for refusing to provide required information but limits admissibility of compelled information in prosecutions (s46).\n\nImplementation risk, substitution effects and opportunity costs\n\n- Implementation depends on active administrative decisions (proclamations, directions, permit regimes). Time-limited emergency proclamations (initially up to 7 days, extendable in specified ways up to 28 days or longer with parliamentary resolution) create a rapid-response system but also episodic regulatory shifts (s33).\n- Where sale or purchase is administratively restricted, purchasers and sellers may substitute to other fuels or suppliers not covered by the proclamation or to exempt classes (s4D, s6). The practical costs include administrative time, possible interruptions to business operations and the need to alter commercial contracts to comply with licence conditions.\n\nKey procedural protections and remedies\n\n- A person aggrieved by the Minister’s decision on licences or permits can seek review by the South Australian Civil and Administrative Tribunal (s47). The Minister must provide written reasons on request (s47(2)). Delegation is authorised (s49). There are statutory defences for lack of intent or reasonable care (s57).\n\nNotable changes to scope recorded in the legislative history\n\n- The Act as currently published reflects multiple amendments. Significant structural changes include repeal of the Part that handled bulk end‑user certificates and subsidy arrangements (Part 2A) — that Part was deleted by the Statutes Amendment (Budget 2010) Act 2010 (see legislative history: \"Pt 2A deleted by 22/2010 s 50 — 1.1.2011\").\n- Appeal pathways were updated so that reviews go to the South Australian Civil and Administrative Tribunal (s47 and legislative history: \"Pt 9 substituted by 51/2017 s 196 — 22.2.2018\").\n\nWhy this matters practically\n\n- For businesses: the Act imposes licensing, record-keeping and possible operational limits (sales, prices, permitted purchasers) which affect costs, contracts and who can trade in restricted circumstances (ss8, 11, 52, 53, 34–36).\n- For the public and government: it provides a fast administrative mechanism to address short-term petroleum shortages through proclamations, permit allocation and price/sale controls (s33, s34, s35). That mechanism trades market allocation for administrative control during declared shortages and concentrates decision-making with the Minister and Governor.\n\nPrimary references: licensing and offences (ss8–18); emergency restrictions and rationing (ss32–39, especially ss33–36); authorised officers and enforcement (ss42–46); record-keeping and information (ss50–53); confidentiality (s56); reviews (s47); powers of delegation (s49). Legislative history entries cited above document later deletions and substitutions (notably Pt 2A deletion in 2011 and Tribunal changes in 2017)."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The original 1995 Act appears to have been broader, covering petroleum product subsidies (Part 2A), franchise fees, and complex tax administration. The legislative history shows wholesale deletion of Parts 2A, 3, 4, 6, and 7, plus multiple schedules. The current Act is significantly narrower, focusing primarily on licensing, emergency rationing powers, and enforcement. The subsidy and bulk end user certificate schemes were repealed in 2010, and other commercial regulation provisions were removed in 2007 and 1998 amendments."},"complexity_factors":["Multiple defined terms in section 4 (approximately 25 definitions) including technical chemical definitions for LPG and motor spirit","Cross-references to Commonwealth customs and excise legislation","Nested conditional logic in Part 5: emergency powers depend on declarations, which depend on proclamations, which depend on time limits and parliamentary resolutions","Dual penalty structures distinguishing between body corporates ($250,000) and natural persons ($10,000) in several sections","Interaction with other Acts (Taxation Administration Act, South Australian Civil and Administrative Tribunal Act, Corporations Act)","Transitional provisions preserving repealed subsidy schemes and appeal rights","Self-incrimination provisions with carve-outs for use immunity (section 46)","Multiple amendment layers visible in legislative history (Parts 2A, 3, 4, 6, 7 and Schedules deleted over time)"],"plain_english_summary":"This South Australian law controls who can sell petrol, diesel and LPG (liquefied petroleum gas), and gives the government emergency powers to ration fuel during shortages.\n\n**What it does:**\n- **Licensing:** Anyone selling petroleum products by retail (to the public) or wholesale must hold a licence from the Minister. Licences last two years, can have conditions attached (such as where you can sell from or what records you must keep), and can be cancelled for breaches.\n- **Emergency powers:** If fuel shortages occur, the Governor can declare a \"period of restriction\" (up to 7 days, extendable to 28 days). During these periods the Minister can fix maximum prices, ban sales, or issue directions to fuel sellers. If the crisis is severe, the Governor can declare a \"rationing period\" where fuel can only be sold to people holding special permits issued by the Minister.\n- **Enforcement:** Authorised officers (including police and tax officials) can enter premises, inspect records, require information, and seize documents. It is an offence to obstruct them or give false information.\n- **Records and transparency:** Sellers must keep detailed records for five years, carry documentation when transporting bulk fuel, and the Minister must maintain a public register of licensees.\n\n**Who it affects:**\n- Petrol stations and fuel wholesalers operating in South Australia\n- Businesses transporting bulk petroleum products\n- The general public during declared shortage periods (when rationing may apply)\n\n**Why it matters:**\nThis Act ensures fuel supply chains remain regulated and traceable, prevents unlicensed dealing in petroleum products, and provides a legal framework for managing fuel crises—effectively giving the government wartime-style rationing powers if supply chains collapse."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/petroleum-products-regulation-act-1995","history":"/api/acts/petroleum-products-regulation-act-1995/history","analysis":"/api/acts/petroleum-products-regulation-act-1995/analysis","conflicts":"/api/acts/petroleum-products-regulation-act-1995/conflicts","importantCases":"/api/acts/petroleum-products-regulation-act-1995/important-cases","documents":"/api/acts/petroleum-products-regulation-act-1995/documents"}}