The regulations set out a small set of precise duties on fuel retailers and vest a measure of administrative discretion in the Director. The instrument does not create express statutory “rights” for third parties in the text reproduced here. The principal duties are as follows, with the relevant textual citations.
Registration duties (Schedule 1, cl. 2)
- Duty to register: a fuel retailer must register his or her business. If the retailer was trading on or before commencement day, registration must be completed within 14 days after that day. If the retailer commences trading after commencement day, registration must occur before any relevant fuel is sold to a retail customer (Schedule 1, cl. 2(1)(a)-(b)).
- Method of registration: the business is to be registered using the form provided on the fuel price reporting website (Schedule 1, cl. 2(2)). That makes website registration mandatory and prescribes the form as the required instrument.
Price reporting duties (Schedule 1, cl. 3)
- Duty to report standard retail prices: a registered fuel retailer must report, on the fuel price reporting website, the standard retail price of each relevant fuel offered for sale (Schedule 1, cl. 3(1)).
- Timing of price reports: reports must be made on commencement of trading by the fuel retailer and within 30 minutes after a change of the standard retail price for any relevant fuel offered for sale (Schedule 1, cl. 3(2)(a)(i)-(ii)).
- Content of price reports: price reports must include the date and time from which a relevant fuel is offered for sale by the fuel retailer (Schedule 1, cl. 3(2)(b)).
Run-out reporting duty (Regulation 4)
- Duty to report run-out events: if a fuel retailer runs out of a relevant fuel that the retailer offers, the retailer must report that fact (Regulation 4(1)).
- Timing and format: the run-out report must be made within 30 minutes after the retailer has run out, must be made in such manner and include such information as is determined by the Director and published on the Department’s website, and is to, where possible, include details as to when the retailer is likely to be resupplied (Regulation 4(2)(a)-(c)).
Enforcement and sanctions (Regulation 4(1))
- Financial penalties: the regulations specify maximum penalties for failing to report running out. A body corporate faces a fine not exceeding 1 000 penalty units and a natural person faces a fine not exceeding 100 penalty units for contravention of the run-out reporting duty (Regulation 4(1)(a)-(b)). The text does not convert those penalty units into dollar amounts in the instrument provided.
Other notable features that affect duties and rights
- Definition of standard retail price: the standard retail price expressly excludes discounts and special offers (Schedule 1, cl. 1). This affects what must be reported and may produce a difference between the reported standard retail price and the prices consumers pay after loyalty discounts or promotions.
- Director discretion: the Director determines the manner and required content of run-out reports and publishes those requirements on the Department’s website (Regulation 4(2)(b)). That gives the Director administrative levers to change operational reporting details without amending the regulations.
- No explicit private enforcement mechanism: the regulation text reproduced does not create a private right of action or an express administrative review procedure in relation to the reporting duties. The only explicit sanctions stated in the instrument are the penalty amounts attached to failure to report run-out events (Regulation 4(1)).
Rights or privileges for registrants
- The text does not specify positive statutory rights or privileges that flow to registrants as a result of compliance. The principal effect of registration is to place the registrant subject to the ongoing reporting duties set out in Schedule 1 and the run-out reporting duty in Regulation 4.
In short, the instrument prescribes affirmative duties: register, report prices at defined times, and report run-outs within 30 minutes in the Director-specified format. It vests the Director with administrative discretion over the format and content of outage reports, and it attaches maximum penalty-unit fines for failure to meet the run-out reporting duty. The text does not supply detailed enforcement or review processes, and it does not create explicit third-party rights in the clauses reproduced here.