9AOffence—failure to comply with minimum biofuel requirements

9A Offence—failure to comply with minimum biofuel requirements

9A Offence—failure to comply with minimum biofuel requirements

(1) A volume fuel retailer who fails to comply with a minimum biofuel requirement is guilty of an offence.

Maximum penalty—

(a) in the case of a first offence—500 penalty units, or

(b) in the case of a second or subsequent offence—5,000 penalty units.

(2) It is a defence to a prosecution for failure to comply with a minimum biofuel requirement if the defendant proves that—

(a) the defendant has taken the steps set out in the regulations to comply with the requirement, or

(b) the defendant has otherwise taken all reasonable steps to comply with the requirement, or

(c) in the case of a requirement imposed by section 6 or 8—at the time of the alleged offence, it was not economically viable for the defendant to comply with the requirement—

(i) because the wholesale price of ethanol for use in the production of petrol-ethanol blend exceeded the reasonable wholesale price determined by IPART under section 17A (1) (a), or

(ii) because of the price at which the defendant was reasonably able to produce or obtain petrol-ethanol blend for retail sale, or

(iii) on grounds set out in the regulations, or

(iv) on any other grounds, or

(d) in the case of a requirement imposed by section 7—at the time of the alleged offence, it was not economically viable for the defendant to comply with the requirement—

(i) because of the price at which the defendant was reasonably able to produce or obtain biodiesel blend for retail sale, or

(ii) on grounds set out in the regulations, or

(iii) on any other grounds.

s 9A: Ins 2016 No 12, Sch 2 [12].