{"id":"petroleum-products-subsidy-act-1965","name":"Petroleum Products Subsidy Act 1965","slug":"petroleum-products-subsidy-act-1965","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177730,"registerId":"vic-petroleum-products-subsidy-act-1965-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Petroleum Products Subsidy Act 1965","content":"Version No. 014\n\n**Petroleum Products Subsidy Act 1965**\n\n**No. 7293 of 1965**\n\nVersion incorporating amendments as at  \n31 July 2019\n\n**table of provisions**\n\n*Section Page*\n\n1 Short title 1\n\n2 Commencement 1\n\n3 Definitions 1\n\n4 Calculation of subsidy 3\n\n5 Advances on account of subsidy 3\n\n6 Authorized officers 3\n\n7 Claims for payments 3\n\n8 Certificates 3\n\n9 Payments 4\n\n10 Over-payments 4\n\n11 Preservation of accounts etc. 5\n\n12 Stocktaking and inspection of accounts etc. 5\n\n13 Power to require person to answer questions and produce documents 6\n\n14 Power to examine on oath or by affirmation 7\n\n15 Offences 7\n\n16 Delegation 8\n\n17 Regulations 9\n\nEndnotes 10\n\n1 General information 10\n\n2 Table of Amendments 12\n\n3 Amendments Not in Operation 13\n\n4 Explanatory details 14\n\n**Version No.** **014**\n\n**Petroleum Products Subsidy Act 1965**\n\n**No. 7293 of 1965**\n\nVersion incorporating amendments as at  \n31 July 2019\n\nAn Act to subsidize the Distribution of certain Petroleum Products in certain Country Areas.\n\n**BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):**\n\n\t1 Short title\n\nThis Act may be cited as the **Petroleum Products Subsidy Act 1965**.\n\n\t2 Commencement\n\nThis Act shall be deemed to have come into operation on the first day of September One thousand nine hundred and sixty-five.\n\n\t3 Definitions\n\n(1) In this Act, unless the contrary intention appears—\n\n***authorized officer*** means a person appointed to be an authorized officer under section six of this Act;\n\n***eligible petroleum product*** means motor spirit, power kerosene, automotive distillate, aviation gasoline or aviation turbine fuel;\n\nS. 3(1) def. of *registered distributor of eligible petroleum products* substituted by No. 9140 s. 2(a).\n\n***registered distributor of eligible petroleum products*** means a distributor of eligible petroleum products who is registered in accordance with the scheme;\n\n***Commonwealth*** means the Commonwealth of Australia;\n\nS. 3(1) def. of *Common-wealth Minister* substituted by No. 9140 s. 2(b).\n\n***Commonwealth Minister*** means the Minister of State of the Commonwealth for the time being administering the States Grants (Petroleum Products) Act 1965 of the Commonwealth;\n\nS. 3(1) def. of *Minister* repealed by No. 46/1998 s. 7(Sch. 1).\n\n* * * * *\n\nS. 3(1) def. of *scheme* substituted by No. 9140 s. 2(c).\n\n***scheme*** means the scheme, as in force from time to time, formulated by the Commonwealth Minister in relation to the State for the purposes of the States Grants (Petroleum Products) Act 1965 of the Commonwealth;\n\n***State*** means the State of Victoria.\n\nS. 3(2) amended by No. 9140 s. 2(d).\n\n(2) Where in accordance with the scheme it is directed that any goods are or are not to be treated for the purposes of the scheme as motor spirit, power kerosene, automotive distillate, aviation gasoline, or aviation turbine fuel, those goods shall or shall not, as the case may be, be so treated for the purposes of this Act.\n\n\t4 Calculation of subsidy\n\nThere are payable, in accordance with this Act, to registered distributors of eligible petroleum products, amounts calculated in accordance with the scheme.\n\n\t5 Advances on account of subsidy\n\nThe Minister may authorize an advance on account of a payment under this Act to be made in accordance with the scheme to a registered distributor of eligible petroleum products on such terms and conditions (including conditions with respect to the giving to purchasers of those products from the distributor of the benefit of the amount of the advance) as the Minister thinks fit.\n\n\t6 Authorized officers\n\n(1) The Minister may appoint persons to be authorized officers for the purposes of this Act.\n\n(2) A person may be appointed to be such an authorized officer notwithstanding that he is an officer of the Commonwealth.\n\n\t7 Claims for payments\n\nA claim by a registered distributor of eligible petroleum products for a payment under this Act shall be made to an authorized officer and in accordance with the regulations made under this Act.\n\n\t8 Certificates\n\n(1) An authorized officer shall examine each claim for a payment under this Act made to him and shall, if he is satisfied that an amount is payable to the claimant, give a certificate in writing to that effect.\n\n(2) An authorized officer who is examining a claim for a payment under this Act may give a certificate in writing that a sale or use of a specified quantity of an eligible petroleum product by a specified person took place at a specified date and place.\n\n(3) Where an authorized officer is satisfied that an amount paid to a person under this Act (including an amount paid by way of an advance) was not payable to the person or exceeded the amount that was payable to the person, he may give a certificate in writing that the amount paid or the amount of the excess, as the case may be, is repayable by the person to the State.\n\n(4) The Auditor-General of the State shall treat a certificate under this section as correct in all respects.\n\n(5) For the purposes of this Act, a document purporting to be a certificate referred to in this section shall, unless the contrary is proved, be deemed to be such a certificate and to have been duly given.\n\n\t9 Payments\n\nWhere a certificate is given under subsection (1) of the last preceding section, the Minister shall authorize an amount equal to the amount specified in the certificate to be paid to the person in respect of whom the certificate was given.\n\n\t10 Over-payments\n\nWhere an authorized officer gives a certificate under subsection (3) of section eight of this Act that an amount is repayable by a person to the State, the person is liable to repay that amount to the State and the State may recover the amount in a court of competent jurisdiction as a debt due to the State.\n\n\t11 Preservation of accounts etc.\n\n(1) A person who receives a payment under this Act in respect of the sale or use of any eligible petroleum products shall preserve the accounts, books and documents relating to that sale or use until the expiration of twelve months after the date of making of the claim in respect of which the payment was made.\n\n(2) A person who fails to comply with the requirements of subsection (1) of this section shall be guilty of an offence against this Act and shall be liable to a penalty of not more than $200[[1]](#endnote-2).\n\n\t12 Stocktaking and inspection of accounts etc.\n\n(1) For the purposes of this Act or an Act of another State relating to subsidy for eligible petroleum products an authorized officer may, at all reasonable times, enter any premises of a registered distributor of eligible petroleum products (whether registered under the scheme or the scheme in relation to another State) or any vehicle used by such distributor for the carriage of any products and may—\n\n(a) inspect and take stock of any such products;\n\n(b) take samples of any such products; and\n\n(c) inspect the accounts, books and documents relating to the sale use and purchase of any such products.\n\n(2) The occupier of any premises or person in charge of any vehicle referred to in the last preceding subsection shall provide the authorized officer with all reasonable facilities and assistance for the effective exercise of his powers under this section.\n\n(3) Any person who obstructs molests or hinders an authorized officer in the exercise of his powers under this section shall be guilty of an offence against this Act and liable to a penalty of not more than $100[[2]](#endnote-3).\n\n\t13 Power to require person to answer questions and produce documents\n\n(1) An authorized officer may, by notice in writing, require a person whom he believes to be capable of giving information relevant to a claim for a payment under this Act or an Act of another State relating to subsidy for eligible petroleum products to attend before him at a time and place specified in the notice and there to answer questions and to produce to him such accounts, books and documents in relation to the claim as are referred to in the notice.\n\n(2) The authorized officer may make copies of, or take extracts from, any accounts, books or documents produced in pursuance of this section and may retain those copies or extracts.\n\n(3) A person is not excused from answering a question or producing any accounts, books or documents when required to do so under this section on the ground that the answer to the question or the production of the accounts, books or documents might tend to incriminate him or make him liable to a penalty, but his answer to any such question is not admissible in evidence against him in proceedings other than proceedings for an offence against paragraph (c) of subsection (1) or paragraph (c) of subsection (2) of section fifteen of this Act.\n\nS. 14 (Heading) inserted by No. 6/2018 s. 68(Sch. 2 item 94.1).\n\n\t14 Power to examine on oath or by affirmation\n\nS. 14(1) amended by No. 6/2018 s. 68(Sch. 2 item 94.2).\n\n(1) An authorized officer may administer an oath or affirmation to a person required to attend before him in pursuance of the last preceding section and may examine that person on oath.\n\nS. 14(2)(3) repealed by No. 6/2018 s. 68(Sch. 2 item 94.3).\n\n* * * * *\n\n\t15 Offences\n\n(1) A person who refuses or fails—\n\n(a) to attend before an authorized officer;\n\n(b) to be sworn or make an affirmation; or\n\n(c) to answer a question or produce an account, book or document—\n\nwhen so required in pursuance of this Act shall be guilty of an offence against this Act and liable to a penalty of not more than $100[[3]](#endnote-4).\n\n(2) A person who—\n\n(a) obtains a payment under this Act that, to the knowledge of the person, is not payable;\n\n(b) obtains a payment under this Act by means of a statement that, to the knowledge of the person, is false or misleading in a material particular; or\n\n(c) presents to an authorized officer or other person doing duty in relation to this Act or an Act of another State relating to subsidy for eligible petroleum products a claim, account, book or document, or makes to such an officer or person a statement, that, to the knowledge of the person, is false or misleading in a material particular—\n\nshall be guilty of an offence against this Act and shall be liable to a penalty of not more than $1000 or to imprisonment for a term not exceeding twelve months[[4]](#endnote-5).\n\n(3) For the purposes of the last preceding subsection, a matter shall be deemed to be within the knowledge of a person being a body corporate if the matter is within the knowledge of a director or officer of the body corporate.\n\n(4) Where a person is convicted of an offence against subsection (2) of this section, the court may, in addition to imposing a penalty under that subsection, order the person to refund to the State the amount of any payment under this Act wrongfully obtained.\n\nS. 15(5) amended by No. 33/2018 s. 95.\n\n(5) Where a court has made an order under the last preceding subsection, a certificate signed by the appropriate officer of the court specifying the amount ordered to be refunded and the person by whom the amount is payable may be filed in a court having civil jurisdiction to the extent of that amount and is thereupon enforceable in all respects as a final judgment of that court.\n\n\t16 Delegation\n\n(1) The Minister may, either generally or otherwise as provided in the instrument of delegation, by writing under his hand delegate all or any of his powers under this Act (except this power of delegation).\n\n(2) A power so delegated may be exercised by the delegate in accordance with the instrument of delegation.\n\n(3) A delegation under this section is revocable at will and does not prevent the exercise of a power by the Minister.\n\n\t17 Regulations\n\nThe Governor in Council of the State may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, for or with respect to—\n\n(a) the manner in which claims for payments under this Act shall be made;\n\n(b) the information to be furnished by claimants in connexion with claims for payments under this Act; and\n\n(c) penalties not exceeding $100 for offences against the regulations[[5]](#endnote-6).\n\n\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe **Petroleum Products Subsidy Act 1965** was assented to on 21 September 1965 and came into operation on 1 September 1965: section 2.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Petroleum Products Subsidy Act 1965** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Petroleum Products Subsidy (Amendment) Act 1978, No. 9140/1978**\n\n| Assent Date: | 23.5.78 |\n| --- | --- |\n| Commencement Date: | 23.5.78 |\n| Current State: | All of Act in operation |\n\n\n**Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998**\n\n| Assent Date: | 26.5.98 |\n| --- | --- |\n| Commencement Date: | S. 7(Sch. 1) on 1.7.98: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Petroleum Products Subsidy Act 1965** |\n\n\n**Oaths and Affirmations Act 2018, No. 6/2018**\n\n| Assent Date: | 27.2.18 |\n| --- | --- |\n| Commencement Date: | S. 68(Sch. 2 item 94) on 1.3.19: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Petroleum Products Subsidy Act 1965** |\n\n\n**Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018, No. 33/2018**\n\n| Assent Date: | 14.8.18 |\n| --- | --- |\n| Commencement Date: | S. 95 on 31.7.19: Special Gazette (No. 306) 30.7.19 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Petroleum Products Subsidy Act 1965** |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Amendments Not in Operation\n\nThere are no amendments which were Not in Operation at the date of this publication.\n\n4 Explanatory details\n\n1. S. 11(2): Refer to section 5 of the **Decimal Currency Act 1965**, No. 7315/1965 (*repealed*). [↑](#endnote-ref-2)\n\n2. S. 12(3): See note 1. [↑](#endnote-ref-3)\n\n3. S. 15(1): See note 1. [↑](#endnote-ref-4)\n\n4. S. 15(2): See note 1. [↑](#endnote-ref-5)\n\n5. S. 17(c): See note 1. [↑](#endnote-ref-6)","sortOrder":0}],"analysis":{"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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act's core scope—subsidising distribution of specified petroleum products in country areas and paying registered distributors—remains intact. Amendments reflected in the endnotes update definitions, administrative and evidentiary procedures and delegation/oath formalities but do not alter the fundamental beneficiary group or subsidy purpose (see s3, s4 and the table of amendments)."},"complexity_factors":["Reliance on an external, Commonwealth-formulated 'scheme' to define eligible products and calculate subsidy amounts (s3, s4)","Significant administrative discretion for the Minister to authorise advances and set terms (s5) and to delegate powers (s16)","Operational compliance burdens on distributors: registration, claims process, 12-month records retention (s7, s11)","Investigatory powers vested in authorised officers: inspections, sampling, notices to produce documents, examination on oath (s6, s12–14)","Enforcement tools combining civil recovery of over-payments and criminal penalties for false claims or obstruction (s8–11, s15)","Regulatory backstop allowing further prescription of claim procedures and penalties up to $100 (s17)","Cross-jurisdictional interaction where schemes of other States are recognised for inspection and claims (s12(1))"],"plain_english_summary":"This Act establishes a state subsidy for the distribution of specified petroleum products in country areas, paying registered distributors amounts calculated under a Commonwealth-formulated scheme and permitting ministerial advances. Distributors must file claims with authorised officers, keep records, allow inspections and may be required to repay over-payments; the Minister and delegated officers administer eligibility, payments and enforcement."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Insufficient substantive content was provided in the document to determine whether the scope of the Act changed from its original intent. The document contains only metadata, version status indicators, and formatting headers — no operative provisions or amendment history details are visible to assess scope change."},"complexity_factors":["Extremely limited substantive legislative text was provided — mostly metadata and version history, making meaningful analysis difficult","Mid-20th century drafting style typically uses older legal language that can be harder to interpret","Subsidy schemes involve financial and administrative mechanics that require understanding of regulatory frameworks","Interplay between state and federal petroleum regulation adds potential jurisdictional complexity","Age of the Act (1965) means it may reference institutions or frameworks that no longer exist in their original form"],"plain_english_summary":"The Petroleum Products Subsidy Act 1965 sets up a government subsidy framework for petroleum products sold in Victoria, establishing who may qualify for financial assistance and how it is administered. It mainly affects fuel retailers, distributors and consumers who benefit from subsidised prices, and the agencies that pay and oversee those subsidies. Although largely historical, the Act remains technically in force and therefore has continued, if limited, administrative and legal relevance."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act remains tightly focused on its original purpose of administering fuel subsidies for country areas. While it has been amended several times (1978, 1998, 2018), these changes have been technical updates rather than expansions of scope: updating terminology, removing obsolete Ministerial definitions, modernising oath-taking procedures, and updating enforcement mechanisms. The core function—processing subsidy claims from fuel distributors under the Commonwealth scheme—has remained unchanged since 1965."},"complexity_factors":["Short statute with only 17 sections and straightforward linear structure","Minimal defined terms (only 6 substantive definitions in section 3, plus 2 procedural definitions)","Heavy reliance on external 'scheme' formulated by Commonwealth Minister – most operational detail is outsourced to subordinate legislation/regulations rather than contained in the Act itself","Simple conditional logic with few nested provisions (mainly straightforward offence provisions in section 15)","Limited cross-referencing (primarily internal references to 'the scheme' and the Commonwealth Act)","Recent amendments (2018) simplified the Act by removing redundant oath-taking provisions (section 14(2)-(3) repealed)","No complex temporal provisions, sunset clauses, or intricate deeming provisions"],"plain_english_summary":"This is a Victorian law from 1965 that sets up a system to subsidise (reduce the cost of) certain fuel products sold in country areas. The Commonwealth (federal) government provides grants to states for this purpose, and this Act is Victoria's mechanism for passing that money on to fuel distributors.\n\n**Who it affects:**\n- **Registered fuel distributors** – businesses that sell eligible petroleum products (motor spirit/petrol, power kerosene, automotive distillate/diesel, aviation gasoline, or aviation turbine fuel) in country Victoria\n- **The Victorian Minister** – who oversees the scheme and can delegate powers\n- **Authorized officers** – officials appointed to inspect claims, examine records, and issue certificates for payments\n\n**How it works:**\n- Distributors register under a Commonwealth scheme and submit claims for subsidy payments\n- Authorized officers examine claims and issue certificates if satisfied the claims are valid\n- The Minister authorises payment based on these certificates\n- The Minister can also provide advances (upfront payments) to distributors, provided they pass the benefit on to customers\n- Distributors must keep records for 12 months and allow inspection of premises, vehicles, and documents\n\n**Enforcement and offences:**\n- Authorized officers have significant powers: entering premises, taking fuel samples, requiring people to answer questions and produce documents (though answers can't be used against them in criminal proceedings except for perjury-type offences)\n- Offences include: refusing to answer questions, obstructing officers, making false claims, or obtaining payments by deception\n- Penalties range from $100 for minor offences to $1,000 or 12 months imprisonment for serious fraud\n- Overpayments can be recovered as debts, and courts can order refunds\n\n**Why it matters:**\nThis Act ensures rural and regional Victorians don't pay excessive prices for fuel by subsidising the higher costs of transporting petroleum products to remote areas. It creates a compliance framework to prevent fraud while ensuring the subsidy reaches intended beneficiaries."}},"importantCases":[],"_links":{"self":"/api/acts/petroleum-products-subsidy-act-1965","history":"/api/acts/petroleum-products-subsidy-act-1965/history","analysis":"/api/acts/petroleum-products-subsidy-act-1965/analysis","conflicts":"/api/acts/petroleum-products-subsidy-act-1965/conflicts","importantCases":"/api/acts/petroleum-products-subsidy-act-1965/important-cases","documents":"/api/acts/petroleum-products-subsidy-act-1965/documents"}}