11Defence for failure to ensure availability of petrol-ethanol blend for retail sale—the Act, s 9A

11 Defence for failure to ensure availability of petrol-ethanol blend for retail sale—the Act, s 9A

11 Defence for failure to ensure availability of petrol-ethanol blend for retail sale—the Act, s 9A

For the Act, section 9A(2)(c)(iii), in relation to a prosecution for failure to comply with the petrol-ethanol blend requirement imposed by the Act, section 8, the following grounds are set out—

(a) despite the defendant’s best efforts, the defendant had not been able to secure finance to install or upgrade necessary infrastructure at the service station to meet the requirement,

(b) the following costs were not economically viable, considering the price for the petrol-ethanol blend that would be charged to recover the costs—

(i) the capital costs of installing or upgrading infrastructure at the service station,

(ii) if the service station is in a remote or regional area—the recurrent costs of transporting petrol-ethanol blend to the service station.