9BExemptions from minimum biofuel requirements

9B Exemptions from minimum biofuel requirements

9B Exemptions from minimum biofuel requirements

(1) The Minister may, on application, exempt a volume fuel retailer from compliance with a specified minimum biofuel requirement if the retailer satisfies the Minister—

(a) that, if the retailer were prosecuted for failure to comply with the requirement, the retailer would have a defence to the prosecution, or

Note—

See section 9A (2).

(b) that the exemption is reasonable in order to allow the retailer a period within which to take the steps required to establish a defence to a prosecution for failure to comply with the requirement, or

(c) that compliance by the retailer may result in a risk to public health or safety, or

(d) that the exemption should be granted on other grounds specified in the regulations, or

(e) that there are other extraordinary circumstances justifying the grant of the exemption.

(1A) (Repealed)

(2) The Minister is not to grant an exemption unless the proposed exemption has been referred to the Expert Panel and the Minister has considered any advice of the Panel on the proposed exemption.

(3) An exemption can be granted subject to conditions.

(3A) A person must not contravene a condition of an exemption.

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.

(4) An exemption can be granted as a partial exemption specifying a percentage that is less than the minimum ethanol percentage or minimum biodiesel percentage applicable under section 6 or 7.

Note—

A partial exemption has the effect that the relevant section then applies to require that the volume of ethanol (in petrol ethanol blend) or volume of biodiesel (in biodiesel blend) sold by the volume fuel retailer concerned is not less than the specified minimum ethanol percentage or specified minimum biodiesel percentage of the total volume of all petrol or diesel fuel sold by that retailer during the relevant period.

(5) An exemption may—