{"id":"petroleum-products-regulations-2023","name":"Petroleum Products Regulations 2023","slug":"petroleum-products-regulations-2023","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":236244,"registerId":"sa-petroleum-products-regulations-2023-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Petroleum Products Regulations 2023","content":"South Australia\nPetroleum Products Regulations 2023\nunder the Petroleum Products Regulation Act 1995\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tCorresponding laws (section 4(1))\n5\tNotional sale and purchase (section 4D)\n6\tRecords to be kept of bulk transport of petroleum products (section 52)\n7\tPermitted disclosure of information (section 56)\n8\tExercise of certain powers for purposes of administration or enforcement of corresponding laws\nSchedule 1—Corresponding laws\nSchedule 2—Permitted disclosures\nSchedule 3—Repeal of Petroleum Products Regulations 2008\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Petroleum Products Regulations 2023.\n2—Commencement\nThese regulations come into operation on 1 September 2023.\n3—Interpretation\nIn these regulations—\nAct means the Petroleum Products Regulation Act 1995.\n4—Corresponding laws (section 4(1))\nFor the purposes of the Act, each of the laws specified in Schedule 1 is declared to be a corresponding law.\n5—Notional sale and purchase (section 4D)\n\t(1)\tIf the holder of a wholesale licence referred to in Part 2 of the Act delivers petroleum products to premises at which petroleum products are sold by retail under a retail licence by another person who is the holder of the retail licence, then, for the purposes of section 53 of the Act, the following are to be taken to occur:\n\t(a)\ta sale of the petroleum products by wholesale by the holder of the wholesale licence;\n\t(b)\ta purchase of the petroleum products by the holder of the retail licence for sale under the licence.\n\t(2)\tIf—\n\t(a)\ta person is a manufacturer or importer of eligible petroleum products; and\n\t(b)\tthe person holds a wholesale licence and a bulk end user certificate; and\n\t(c)\teligible petroleum products manufactured or imported by the person or supplied to the person by another manufacturer or importer are delivered or allocated by the person for the person's own use as a bulk end user (but not for sale as a bulk end user),\nthen, for the purposes of section 53 of the Act, the following are to be taken to occur:\n\t(d)\ta sale of the petroleum products by the person under the wholesale licence to the holder of a bulk end user certificate;\n\t(e)\ta purchase of the petroleum products by the person under the certificate.\n6—Records to be kept of bulk transport of petroleum products (section 52)\nA record referred to in section 52 of the Act must be in writing and contain the following particulars:\n\t(a)\tthe date on which transportation commenced;\n\t(b)\tthe type and quantity of each petroleum product being transported;\n\t(c)\tthe name and address of the person (if any) from whom the petroleum products were purchased;\n\t(d)\tthe name and address of the person who owns the petroleum products;\n\t(e)\tthe name and address of the person on whose behalf the petroleum products are being transported;\n\t(f)\tthe name of the person (if any) to whom the petroleum products are being transported;\n\t(g)\tthe address at which the petroleum products were loaded for transportation;\n\t(h)\tthe address to which the petroleum products are being transported;\n\t(i)\tthe name and address of the person (if any) who has agreed to purchase the petroleum products.\n7—Permitted disclosure of information (section 56)\nFor the purposes of section 56(2)(e) of the Act, the offices and bodies specified in Schedule 2 are prescribed.\n8—Exercise of certain powers for purposes of administration or enforcement of corresponding laws\nPursuant to section 64(2a) of the Act—\n\t(a)\tan authorised officer may exercise the powers conferred by section 44 of the Act for the purposes of the administration or enforcement of a corresponding law;\n\t(b)\ta magistrate may exercise the powers conferred by section 44(2) of the Act for the purposes of the administration or enforcement of a corresponding law.\nSchedule 1—Corresponding laws\nBusiness Franchise (Petroleum Products) Act 1979 of Victoria\nSchedule 2—Permitted disclosures\nAttorney-General\nAuditor-General\nAustralian Statistician\nChairperson of the Australian Securities and Investments Commission\nChief Executive Officer of Return to Work Corporation of South Australia\nChief Executive Officer of the Australian Crime Commission\nCommissioner for Consumer Affairs\nCommissioner of Police of the Australian Federal Police\nDirector of Public Prosecutions\nEnvironment Protection Authority\nA Minister responsible for the administration of the Mining Act 1971\nOffices in the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of the Mining Act 1971\nOffices in the Attorney-General's Department\nOffices of another State, a Territory, or the Commonwealth, the holders of which are employed in the administration of laws relating to taxation or customs\nOmbudsman\nPolice officers of or above the rank of inspector\nRegistrar of Motor Vehicles\nSolicitor-General\nSchedule 3—Repeal of Petroleum Products Regulations 2008\nThe Petroleum Products Regulations 2008 are repealed.\nLegislative history\nNotes\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.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2023\n76\nGazette 3.8.2023 p2493 \n1.9.2023: r 2\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument replaces the Petroleum Products Regulations 2008 (Schedule 3) and refines administrative scope by (a) declaring a corresponding law (Schedule 1), (b) creating ‘notional sale/purchase’ treatments for certain wholesale/retail and bulk internal transfers (reg 5), (c) prescribing specific written transport-record particulars (reg 6), (d) listing permitted disclosure recipients (reg 7 and Schedule 2), and (e) enabling authorised officers and magistrates to exercise specified powers for corresponding laws (reg 8). These changes shift compliance duties onto businesses and broaden enforcement reach."},"complexity_factors":["Cross-references to the Petroleum Products Regulation Act (relying on definitions and enforcement powers in ss 4(1), 4D, 52, 56, 64(2a))","‘Notional sale and purchase’ rules that change legal characterisation of transfers between licence-holders and for intra-company bulk use (reg 5)","Detailed, prescriptive written-record requirements for bulk transport with nine specific particulars to record (reg 6(a)–(i))","A broad, enumerated list of public bodies authorised to receive disclosed information, creating discrete disclosure pathways and privacy/compliance choices (Schedule 2)","Extension of inspection/enforcement powers to administration or enforcement of a corresponding law, increasing cross-jurisdictional enforcement interactions (reg 8)","Repeal of the 2008 Regulations (Schedule 3) creating transitional and interpretive work for regulated parties and administrators","Overall statutory drafting is short and modular (lower legal complexity) but imposes operational compliance burdens on multiple industry participants (moderate practical complexity)"],"plain_english_summary":"These regulations update South Australia’s rules for petroleum-product transactions and enforcement. They set when wholesale-to-retail and certain intra-company bulk transfers count as sales, prescribe written transport-record details, list public bodies that may receive disclosed information, enable authorised officers and magistrates to use inspection powers for corresponding external laws, and repeal the 2008 regulations. Wholesalers, retailers, manufacturers/importers, bulk end‑users and transporters face clearer record‑keeping and disclosure obligations; enforcement agencies gain defined cross‑jurisdictional powers."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations appear to maintain the same scope as their predecessor (the 2008 regulations they replace). They continue to deal with the same core matters: corresponding laws, notional transactions for licensing purposes, record-keeping for bulk transport, and permitted disclosures. The update appears to be a routine republication rather than an expansion into new areas."},"complexity_factors":["Short document (approximately 1,500 words)","Only 1 defined term in the interpretation section ('Act')","Minimal cross-referencing — primarily references back to specific sections of the parent Act (sections 4, 4D, 52, 53, 56, 64)","Simple conditional logic in regulation 5 (two scenarios for notional sales, clearly structured with subparagraphs)","Three straightforward schedules: one listing a single corresponding law (Victoria), one listing permitted disclosure recipients, and one repealing the previous regulations","No nested exceptions or complex definitional chains","Practical, operational focus rather than abstract legal concepts"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the practical rules for how South Australia controls and tracks petroleum products (like petrol, diesel, and other fuels). They work together with the *Petroleum Products Regulation Act 1995* to manage licensing, record-keeping, and information sharing.\n\n**Key things the regulations cover:**\n\n*   **\"Notional\" sales and purchases** — Sometimes fuel changes hands in ways that look like a simple delivery, but the law treats them as if a sale and purchase happened. This matters for tax and licensing purposes. For example:\n    *   When a wholesale fuel supplier delivers directly to a petrol station (even though the retailer owns the station, the law pretends the wholesaler sold it to the retailer, who then bought it)\n    *   When a fuel manufacturer uses their own product for their own business (the law treats this as them selling to themselves)\n\n*   **Record-keeping for bulk transport** — Anyone moving large quantities of fuel must keep written records showing: what fuel, how much, who owns it, where it came from, where it's going, and who's involved in the transaction.\n\n*   **Information sharing** — Lists which government agencies and officials can receive confidential information about fuel sales and movements (including police, tax offices, the Ombudsman, and various regulators).\n\n*   **Cross-border cooperation** — Recognises Victoria's fuel laws as \"corresponding laws,\" meaning South Australian officials can use their powers to help enforce Victorian fuel rules.\n\n*   **Repeal of old rules** — Replaces the 2008 regulations with these updated 2023 rules.\n\n**Who it affects:**\n\n*   Fuel wholesalers and retailers in South Australia\n*   Fuel manufacturers and importers\n*   Bulk fuel users (like mining companies or large transport fleets)\n*   Anyone transporting fuel in bulk\n*   Various government agencies who receive information\n\n**Why it matters:**\n\nThese rules help prevent fuel tax evasion, ensure proper licensing, allow tracking of fuel for environmental and safety reasons, and enable cooperation with other states. Without these regulations, there would be gaps in how fuel movements are monitored and taxed."},"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":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not accessible. The page returned was an error page, not the Petroleum Products Regulations 2023 themselves."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 Page Not Found error","Cannot assess complexity of the actual regulations without access to the document","Score of 1 reflects the absence of content to analyse, not simplicity of the underlying law"],"plain_english_summary":"**No legislation could be retrieved.** The link provided for the *Petroleum Products Regulations 2023* (South Australia) returned a **\"Page Not Found\"** error from the South Australian legislation website. This appears to be because the URL or bookmark used was created before a website update that occurred on 24 March 2026, making it incompatible with the current version of the site.\n\n**What this means for you:** No analysis of the actual regulations can be provided — the document simply wasn't accessible. If you need to review the *Petroleum Products Regulations 2023*, try:\n- Visiting [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly and searching for the title\n- Emailing the Office of Parliamentary Counsel at OPCWeb@sa.gov.au to report the broken link\n- Checking the South Australian Government Gazette for the original publication"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/petroleum-products-regulations-2023","history":"/api/acts/petroleum-products-regulations-2023/history","analysis":"/api/acts/petroleum-products-regulations-2023/analysis","conflicts":"/api/acts/petroleum-products-regulations-2023/conflicts","importantCases":"/api/acts/petroleum-products-regulations-2023/important-cases","documents":"/api/acts/petroleum-products-regulations-2023/documents"}}