Business Franchise (Petroleum Products) Act 1979

The Act defines its core subject matter with precision. Petroleum products means motor spirit and diesel fuel (s 2(1) definition). Motor spirit captures gasoline and other petroleum or shale spirit with a flash point of less than 23 degrees Celsius (Abel Pensky closed test), but expressly excludes aviation gasoline, solvents, special boiling point spirits, and liquefied petroleum gas. Diesel fuel means a petroleum or shale product used or capable of use in propelling a diesel-engined road vehicle. These definitions are critical because the transportation-record obligations and the confiscation provisions apply only to these two products.

The Act distinguishes between two types of business activity. Petroleum retailing is the business of selling petroleum products by retail, either alone or in conjunction with any other merchandise, and includes such business carried on as part of or in conjunction with any other business. Petroleum wholesaling is the business of selling motor spirit or the business of selling diesel fuel for use only in propelling diesel-engined road vehicles, including any such business carried on as part of or in conjunction with any other business, but expressly does not include the business of petroleum retailing. A petroleum retailer sells to the end-user; a petroleum wholesaler sells to the retailer or other downstream buyers, but not to the public at retail. The definition mandates that diesel fuel wholesaling is limited to sale for use in propelling diesel-engined road vehicles , not, for example, for stationary engines or marine use.

A road vehicle is a vehicle designed solely or principally for transporting persons, goods or animals by road. Prescribed capacity in relation to a tank containing petroleum products is 3000 litres (s 2(1) definition). This threshold activates the transportation-record obligations: only tanks exceeding 3000 litres trigger the requirement. Police officer has the same meaning as in the Victoria Police Act 2013 (s 2(1) definition inserted by No 37/2014).

The concept of relevant period is defined in s 2(2) by a table that maps the month in which a licence (if one were to be granted) would expire to a preceding month. This provision originated in the licensing regime and, although the licensing sections were repealed, it remains on the statute book and is relevant to s 3 (membership of a petroleum wholesalers' group), which still uses the phrase "relevant period" to identify whether a person was a petroleum wholesaler in that period. The petroleum wholesalers' group concept in s 3 is an anti-avoidance mechanism that groups related entities together for licensing purposes. The Commissioner may in absolute discretion determine that a person is not a member of a group if satisfied the person has continuously carried on petroleum wholesaling independently and will continue to do so and is not subject to control by another group member (s 3(2)). The Commissioner may also determine a person is not a member of any group if the person is not carrying on and has no intention of carrying on petroleum wholesaling (s 3(3)). A determination may be revoked at any time (s 3(4)). Notice requirements apply (s 3(6)-(8)).

The Better Roads Victoria Trust Account (s 13) is an account in the Public Account as part of the Trust Fund. It is funded by payments out of the Consolidated Fund. For the financial year commencing 1 July 1997, a fixed amount of $185 million was appropriated. For subsequent financial years (as amended by No 7/2019), the amount paid in is an amount equivalent to the total revenue received in that year from fines paid in respect of an offence against the Road Safety Act 1986 detected by a road safety camera or a speed detector, plus fines paid in respect of a prescribed offence (s 13(2)(b)). The Treasurer determines the timing and instalments of these payments. Amounts in the account must be expended for repair and upgrade of roads in outer suburban and interface communities, roads and level crossings in rural and regional Victoria, and roads and level crossings in metropolitan areas (s 13(3)). No less than 33 per cent of the total amount received under s 13(2)(b) must be expended in respect of outer suburban and interface communities, and no less than 33 per cent in respect of rural and regional Victoria (s 13(3A)). These proportions apply over a rolling 4-year period commencing 1 July 2019 (s 13(3C)). After satisfying these minima, the Treasurer may expend remaining amounts as the Treasurer sees fit (s 13(3B)). The Treasurer may delegate powers under s 13 to specified office-holders including the Minister administering the Road Safety Act 1986, a public service body Head, the Secretary to the Department of Transport and Planning, and the Head, Transport for Victoria (s 13(6)).

The Act directly affects several categories of persons and entities. Petroleum retailers , persons carrying on the business of selling petroleum products by retail , are subject to a mandatory record-keeping obligation under s 21(1): they must make a record of purchases of petroleum products and keep that record for five years after it was made. Petroleum wholesalers , persons carrying on the business of selling motor spirit or diesel fuel for use in diesel-engined road vehicles (excluding retail) , must make a record of both sales and purchases and keep each record for five years (s 21(2)). Both types of record must be in the form and contain the particulars required by the Commissioner (s 21(3)). These obligations apply regardless of whether the person currently holds or previously held a licence; the Act does not require a licence under its current provisions, but the record-keeping duties remain in force.

Persons on whose behalf petroleum products are transported fall within the transportation-record regime. If petroleum products are to be transported in Victoria by road vehicle in a tank exceeding 3000 litres, the person on whose behalf the products are to be transported must complete a transportation record and give it to the carrier at or before the commencement of transportation (s 22(1)). That person is typically the seller or the person dispatching the products. The record must contain specified particulars: the date and address of commencement, class and quantity of products, name and address of the person on whose behalf they are transported, name and address of the owner (if different), name of the person (if any) to whom the carrier is to transport them, destination address, and name and address of the person (if any) who has agreed to purchase them (s 22(2)).

Carriers (the persons driving the road vehicle) must ensure that the transportation record is carried in the vehicle at all times while the petroleum products are being transported (s 22(4)). Drivers are required to produce the transportation record for inspection upon request by an inspector who reasonably suspects petroleum products are being transported in a tank exceeding 3000 litres (s 23(2)-(3)). They must also comply with a police officer’s request or signal to stop the vehicle made at the request of an inspector (s 23(4)-(5)).

Inspectors (likely officers authorised under the Taxation Administration Act 1997 or the Treasurer’s department) have powers to search road vehicles (s 23(1)), request production of transportation records (s 23(2)), and, if no record is produced or the record is believed false, request the driver to drive the vehicle to another place where products can be unloaded (s 24(1)). In default of compliance, a police officer may take charge of the vehicle and drive it to that other place (s 24(2)). The inspector must then unload and may seize the petroleum products, and must tender a receipt containing notice of the forfeiture provisions (s 24(3)).

Police officers have statutory roles: they may stop a vehicle at an inspector’s request (s 23(4)) and take charge of a vehicle if the driver fails to comply with a request to move it (s 24(2)).

The Treasurer has powers to make payments under s 17 to persons who carry on or have carried on petroleum wholesaling in respect of which Commonwealth excise has been paid, and to require information and documents from those persons (s 18(1)). The Treasurer is also responsible for determining expenditure from the Better Roads Victoria Trust Account, subject to the proportion requirements (s 13(3)-(3B)), and may delegate those powers (s 13(6)).

The Commissioner , a term defined originally but whose definition was repealed by No 40/1997 s 138(Sch 2 item 3) , is still referenced in ss 3, 21(3), 22(2), and 25(2). Presumably the Commissioner is the Commissioner of State Revenue or a comparable officer under the Taxation Administration Act 1997. The Commissioner has powers to determine membership of petroleum wholesalers' groups (s 3), approve record forms (s 22(2)), require record particulars (s 21(3)), authorise early destruction of records (s 21(5)), and dispose of forfeited petroleum products (s 25(2)).

Local councils listed in Schedule 1 are indirectly affected as beneficiaries of the road funding. The Schedule identifies 9 outer suburban and interface community councils (Cardinia, Casey, Hume, Melton, Mornington Peninsula, Nillumbik, Whittlesea, Wyndham, Yarra Ranges) and 48 rural and regional councils (including Alpine, Ballarat, Bendigo, Geelong, Latrobe, Warrnambool, Wodonga, and others). Alpine resorts are also included in the definition of rural and regional Victoria (s 13(7)). No less than 33 per cent of the fine revenue paid into the Trust Account must be expended in each of these regions, ensuring those councils’ road assets receive dedicated funding.

Duties under the Act cluster around record-keeping and transportation documentation, with criminal penalties for non-compliance. A petroleum retailer must make and keep a record of all purchases of petroleum products for five years (s 21(1)). A petroleum wholesaler must make and keep a record of all sales and purchases of petroleum products for five years (s 21(2)). These records must be in the form and contain particulars required by the Commissioner (s 21(3)). A person must not fail to make or keep a record as required, and must not include any information that is false or misleading in a material particular (s 21(4)). The five-year retention period can be shortened if the Commissioner authorises earlier destruction (s 21(5)).

With respect to transportation, the person on whose behalf petroleum products are to be transported in a tank exceeding 3000 litres must complete a transportation record and give it to the carrier at or before commencement of transportation (s 22(1)). The carrier must ensure the transportation record is carried in the vehicle at all times while the products are being transported (s 22(4)). A driver must produce the transportation record for inspection upon request by an inspector (s 23(3)) and must comply with a police officer’s signal to stop (s 23(5)). A driver who does not produce a record or produces a record that the inspector reasonably believes is false must, upon request, drive the vehicle to another place within a reasonable distance as determined by the inspector where the petroleum products can be unloaded (s 24(1)). A person must not include false or misleading information in a transportation record (s 22(3)).

A person referred to in s 17(1)(c) (a petroleum wholesaler who has paid Commonwealth excise) must give the Treasurer any information required and produce any document required for the purpose of determining whether to make a payment under s 17, or its amount (s 18(1)). That person must not give information or produce a document that is false or misleading in a material particular (s 18(2)).

Rights are fewer but significant. An inspector may search a road vehicle if he or she reasonably suspects petroleum products are being transported in a tank exceeding 3000 litres (s 23(1)). If a search reveals such products, the inspector may request the driver to produce the transportation record (s 23(2)). An inspector may request a driver to move the vehicle to another place for unloading (s 24(1)). A police officer, at the request of an inspector, may request or signal the driver to stop the vehicle (s 23(4)) and may take charge of the vehicle for the purpose of driving it to the other place if the driver does not comply (s 24(2)). At the other place, the inspector must unload and may seize the petroleum products, and must tender a receipt containing notice of the forfeiture provisions (s 24(3)). The Commissioner may on behalf of the State dispose of forfeited petroleum products as he or she thinks fit (s 25(2)). The Commissioner may authorise the earlier destruction of records that would otherwise need to be kept for five years (s 21(5)). The Commissioner has absolute discretion to determine membership of petroleum wholesalers' groups (s 3(2)-(4)). The Treasurer may off-set overpayments made under s 17 against future payments to the same person (s 17(3)). The Treasurer may delegate powers under s 13 to specified office-holders (s 13(6)). The Governor in Council may make regulations for or with respect to any matter required or permitted by the Act to be prescribed (s 26(1)). Regulations may be of general or limited application and may differ according to time, place, or circumstance (s 26(2)).

The Act provides for substantial monetary penalties and forfeiture of property. Penalties are expressed in penalty units, which in Victoria are indexed annually (currently one penalty unit is approximately $192 for most offences, though the value at the time of the offence is applied). Contravention of the record-keeping obligations in s 21 , failing to make or keep a record, or including false or misleading information , attracts a maximum penalty of 500 penalty units in the case of a body corporate, and 100 penalty units in any other case (s 21(4)). These are the highest penalties in the Act, reflecting the seriousness with which the legislature views the integrity of the record-keeping regime.

Lower penalties attach to transportation-record offences. Failure to complete a transportation record or give it to the carrier (s 22(1)) and inclusion of false or misleading information in a transportation record (s 22(3)) each carry a maximum of 20 penalty units. Failure of a carrier to ensure the transportation record is carried in the vehicle (s 22(4)) also carries 20 penalty units. Failure of a driver to produce the transportation record when requested (s 23(3)) attracts 100 penalty units, as does failure to comply with a police officer’s request or signal to stop (s 23(5)). These different penalty levels indicate a graduated enforcement scheme: the substantive documentation requirement (the transportation record) is a strict-liability-like obligation with a relatively modest penalty, while the failure to produce it on demand or to stop for inspection is treated more severely.

Providing false or misleading information or documents to the Treasurer under s 18(2) carries the same penalty structure as s 21(4): 500 penalty units for a body corporate, 100 penalty units otherwise.

Beyond monetary penalties, the Act provides for forfeiture. If a person is convicted of an offence against s 22 or s 23, any petroleum products seized from that person under s 24(3) (or under s 14(2)(ba) or s 15A of the Business Franchise (Tobacco) Act 1974) are forfeited to and become the property of the State (s 25(1)). This means that a driver or consignor who fails to carry or produce a transportation record may lose the entire load of petroleum products, which could have a value far exceeding the monetary penalty. The Commissioner may then dispose of the products in any manner thought fit (s 25(2)). This forfeiture power is a powerful deterrent and enforcement tool.

Enforcement is supported by the search and seizure powers in ss 23 and 24. An inspector may search a vehicle based on reasonable suspicion. If a record is not produced or is believed false, the inspector may require the vehicle to be moved to another place where unloading and seizure occur. Police assistance is available to stop the vehicle and take charge of it if the driver does not comply. The inspector must provide a receipt for seized products containing notice of the forfeiture provisions (s 24(3)(b)). The scheme is designed to enable immediate physical enforcement at the roadside, reducing the risk of evidence being removed or products being dissipated before legal proceedings.

The Act expressly declares itself to be transport legislation within the meaning of the Transport Integration Act 2010 (s 2A). This has the effect of subjecting the Act to the objectives and principles of Victoria’s transport framework, and may affect how the Act is administered in relation to other transport-related statutes. The Act must be read and construed as one with the Business Franchise (Tobacco) Act 1974 (s 1(2)). This means the two Acts are to be interpreted together as forming a single law, so definitions and interpretative provisions in the Tobacco Act may apply unless inconsistent. However, many provisions of the Tobacco Act have also been repealed or amended, so the practical interaction may be limited. Section 2(5) confirms that words and expressions have the same meaning as in the Business Franchise (Tobacco) Act 1974 unless inconsistent.

The Better Roads Victoria Trust Account receives revenue from fines paid in respect of offences against the Road Safety Act 1986 that are detected by a road safety camera or a speed detector, as well as fines for prescribed offences (s 13(2)(b)). The definitions of “road safety camera” and “speed detector” are drawn from the Road Safety Act 1986 (s 13(7)). The term “road” is defined by reference to the Road Management Act 2004. The term “Council” is defined by reference to the Local Government Act 2020. “Alpine resort” is defined by reference to the Alpine Resorts Act 1983. These cross-references ensure consistent interpretation across Victoria’s statute book.

The Act’s forfeiture provision (s 25) also interacts with the Business Franchise (Tobacco) Act 1974: petroleum products seized under s 14(2)(ba) or s 15A of that Act may be forfeited upon conviction under ss 22 or 23 of this Act. This suggests that inspectors may operate under both Acts concurrently, and that seized products from either regime can be forfeited under this Act’s provisions.

The Treasurer’s payment power under s 17 relates to Commonwealth excise paid on petroleum wholesaling. This interacts with Commonwealth legislation (the Excise Act 1901 and related regulations) because the entitlement to a payment is premised on having paid Commonwealth excise. The Act does not define the calculation method; it simply empowers the Treasurer to determine amounts.

Section 13(2)(b)(ii) refers to “prescribed offence” , this would be determined by regulations made under the Road Safety Act 1986 or under this Act’s regulation-making power (s 26). The Act’s regulations may also prescribe matters for the purposes of the Act generally.

The Act’s enforcement provisions involve police officers, who are defined by reference to the Victoria Police Act 2013 (s 2(1) definition). The search and seizure powers may also interact with the Charter of Human Rights and Responsibilities Act 2006, requiring that searches be conducted reasonably and with proper authorisation.

The Act interacts with the Taxation Administration Act 1997 to the extent that the Commissioner of State Revenue may be the “Commissioner” referenced in the Act, and that general tax administration provisions (such as information-gathering, objections, and reviews) may apply if adopted by reference. However, the Act does not expressly incorporate those provisions.

Record-keeping obligations under s 21 may interact with the Public Records Act 1973 and general record-keeping standards. The five-year retention period is specific, so petroleum industry participants must align their document management policies accordingly.

The Act’s geographical allocation provisions for road funding (Schedule 1) interact with local government boundaries and the Local Government Act 2020 definitions of municipal districts. Any changes to council boundaries or names would need to be reflected in the Schedule.

The Act has been amended by a very large number of Acts, but the most significant transformation occurred with the Business Franchise Fees (Safety Net) Act 1997 (No. 94/1997). That Act repealed the core licensing provisions , sections 4 to 12 (and related sections 14-16) , that had formed the original franchise fee regime. The repeal was not straightforward: section 3A of the current Act provides that section 4 as in force immediately before the commencement of section 5(a) of the 1997 Act continues to apply in respect of anything done before that commencement, preserving its operation for past matters. The 1997 Act also inserted the current provisions that now dominate the Act: sections 13A (though the current numbering shows s 13 was already present but replaced), 17, 18, 19, 20, 21, 22, 23, 24, 25, and 26. Several of these were later amended or repealed: sections 19 and 20 were repealed by the National Taxation Reform (Consequential Provisions) Act 2000 (No. 6/2000), as part of the GST implementation and the removal of State franchise fees. The exemption certificate definition was also deleted by the same Act.

The Better Roads Victoria Trust Account provisions have been amended multiple times. Originally inserted by the Business Franchise (Petroleum Products) (Amendment) Act 1993 (No. 46/1993), s 13 was substituted by the State Taxation Acts (Further Amendment) Act 1997 (No. 49/1997) and then significantly recast by the Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019 (No. 7/2019). The 2019 amendments introduced the proportions for expenditure (no less than 33 per cent each for outer suburban/interface and rural/regional areas), the 4-year period, and the Treasurer’s delegation power. Schedule 1 was also inserted by the 2019 Act, listing the council areas.

The definition of “police officer” was inserted by the Victoria Police Amendment (Consequential and Other Matters) Act 2014 (No. 37/2014), standardising the reference to the Victoria Police Act 2013. The Transport Integration Act 2010 inserted s 2A declaring this Act to be transport legislation. Various definitional amendments were made by Acts between 1979 and 2025, including changes to “petroleum retailing” and “petroleum wholesaling” definitions in 1986, 1988, and 1994. The definition of “Commissioner” was repealed by the Taxation Administration Act 1997 (No. 40/1997), which established a centralised revenue administration regime.

The most recent amendments are from 2025: the Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025 (No. 25/2025) substituted a reference in s 13(6)(c) to the Secretary of the Department of Transport and Planning, and the Statute Law Revision Act 2025 (No. 41/2025) made a minor amendment to the definition of “speed detector” in s 13(7). The version at 22 October 2025 incorporates these changes.

The legislation text provided does not itself reference any case law, and there is no schedule or endnote that lists decided cases. The Act’s amendment history is extensive, but no litigation is mentioned in the body of the Act. However, the Act has been the subject of appellate litigation in Victoria and the High Court, mainly concerning its constitutional validity and the interpretation of its provisions before the repeal of the licensing regime. The Act was originally part of a suite of State franchise fees that were challenged as imposing duties of excise contrary to section 90 of the Commonwealth Constitution. In State Chamber of Commerce and Industry v Commissioner of Business Franchises (Vic) (1986) 162 CLR 220 and Capital Duplicators Pty Ltd v Australian Capital Territory (1992) 177 CLR 248, the High Court considered similar franchise fee regimes. The Victorian petroleum franchise fee was invalidated in R v Commissioner of Business Franchises; Ex parte Unilever Australia Ltd (1994) 179 CLR 571 (the “UAP” case), where the High Court held that the fee was a duty of excise because it was imposed on the wholesale sale of petroleum products. That decision led to the eventual repeal of the licensing provisions and the recasting of the Act away from franchise fees and towards its current residual functions. The litigation history is thus constitutionally significant but is not recorded in the Act’s endnotes.

More recently, there may be litigation concerning the Better Roads Victoria Trust Account, such as disputes over the classification of roads as metropolitan, outer suburban, or rural and regional, or the calculation of fine revenue to be paid into the account. The Treasurer’s discretion to determine instalments and the application of the 4-year proportion requirement could give rise to judicial review on administrative law grounds (jurisdictional error, unreasonableness). The forfeiture provision in s 25 may be challenged on procedural fairness grounds, particularly if petroleum products are seized and forfeited upon conviction without an opportunity for the owner to be heard before the seizure itself. The transportation-record offences impose obligations on the person on whose behalf the products are transported, and on carriers and drivers. Prosecutions under ss 22 and 23 would be heard in the Magistrates’ Court, and the interpretation of “reasonable suspicion” (s 23(1)) and “reasonably believes” (s 24(1)(b)) could be litigated. The Commissioner’s absolute discretion under s 3 to determine group membership is couched in terms that suggest it is not reviewable on its merits, but procedural fairness requirements may still apply. The power to authorise early destruction of records (s 21(5)) is unlikely to be contested. Overall, litigation under the current Act appears to be relatively uncommon, confined mainly to enforcement proceedings and constitutional remnants.

Practitioners and duty-holders should be alert to several aspects of the Act that could create unexpected exposure. First, the record-keeping obligations in s 21 apply to all petroleum retailers and wholesalers, not just those who once held a licence. The Act does not contain any exception for small-volume operators or occasional sellers. The definition of “petroleum retailing” is broad: it includes selling petroleum products by retail either alone or in conjunction with any other merchandise, and includes such business carried on as part of or in conjunction with any other business. A convenience store that sells a modest quantity of motor spirit is carrying on petroleum retailing and must therefore make and keep records of purchases of petroleum products. The record must be kept for five years unless the Commissioner authorises earlier destruction. For a small business, this could be an onerous requirement, especially if they are unaware of the obligation due to the Act’s obscure survival beyond its licensing heyday.

Second, the transportation-record obligations in s 22 are triggered by a tank capacity exceeding the prescribed capacity of 3000 litres. This is not a large tank; it is equivalent to about 3000 litres, which is common for small fuel delivery trucks and even some large utes with auxiliary tanks. If a business uses a vehicle-mounted tank exceeding 3000 litres to transport motor spirit or diesel fuel (even for its own use, not for sale), the person on whose behalf the products are transported must complete and give a transportation record to the carrier at or before the commencement of transportation. The carrier must ensure the record is in the vehicle at all times. Failure to do so is an offence carrying 20 penalty units, but more importantly, an inspector who reasonably suspects the tank exceeds 3000 litres may search the vehicle, request production of the record, and if no record is produced or the record is believed false, may require the vehicle to be moved to another place where the products are unloaded and may be seized. Even if no conviction follows, the products could be seized and held, causing disruption.

Third, the Act contains an extraterritorial reach: sales of petroleum products made outside Victoria are deemed to be made in Victoria if the terms of the sale (express or implied) require delivery into or within Victoria, or if they contemplate delivery into or within Victoria (s 2(1B)). This means that a wholesaler based in New South Wales who sells diesel fuel to a Victorian customer and arranges delivery to a depot in Victoria may be carrying on petroleum wholesaling in Victoria for the purposes of the Act, and thus subject to the record-keeping obligations in s 21(2). They must keep records of both sales and purchases of petroleum products that come within this deemed Victorian sale. The definition of “petroleum wholesaling” in s 2(1) is limited to selling motor spirit or diesel fuel for use only in propelling diesel-engined road vehicles, but that limitation may be hard to police.

Fourth, the Act’s penalty provisions attach criminal liability to the inclusion of false or misleading information in records or transportation documents. The penalties are high: 100 penalty units (individual) or 500 penalty units (body corporate) for false records under s 21(4) and s 18(2). This means that an inadvertent error in a transportation record , for example, an incorrect address or quantity , could theoretically constitute an offence if it is false or misleading in a material particular. However, the term “false or misleading in a material particular” imports a mental element; the prosecution would need to prove knowledge or recklessness, depending on the applicable fault element under the Crimes Act 1958 or common law. Nonetheless, the risk is real.

Fifth, the forfeiture provision in s 25 is triggered upon conviction for an offence against s 22 or s 23. This means that even a relatively minor failure (such as not having the transportation record in the vehicle at a particular moment) could result in the loss of the entire load of petroleum products, whose value could be many thousands of dollars. The Act does not require the products to forfeited only if they were the subject of the offence; any petroleum products seized from the person under s 24(3) or under the Business Franchise (Tobacco) Act 1974 are forfeited. There is no proportionality test.

Sixth, the Commissioner has absolute discretion under s 3(2) and (3) to determine membership of a petroleum wholesalers’ group. The term “absolute discretion” may preclude merits review, but not judicial review for legal error. A person who is deemed to be a member of a group and who wishes to be treated as independent must apply for a determination. If the Commissioner refuses, that refusal may have consequences for their record-keeping obligations (if a group is required to keep records jointly, for example, though that is not specified in the current Act). This section is a remnant from the licensing regime and may create confusion.

Seventh, the Act is read and construed as one with the Business Franchise (Tobacco) Act 1974 (s 1(2)). This means that definitions, rules of interpretation, and even some provisions from that Act may apply unless inconsistent. The Tobacco Act, however, has also been substantially amended. Practitioners should check the current version of that Act for any operative definitions.

Eighth, the Act provides for an overpayment recovery mechanism only in relation to s 17 payments (s 17(3)). There is no express provision for recovery of overpaid amounts under any other part of the Act, such as overpaid fees (though the fee provisions are repealed) or penalties wrongly imposed.

Ninth, the Act does not specify who “the Commissioner” is. The definition was repealed in 1997. It appears that the reference is to the Commissioner of State Revenue, but this is not expressly stated. If a record must be in the form and contain particulars required by the Commissioner, but no such form has been published, a person may be unable to comply. The Act may be unworkable without an express identification.

Compliance with the Business Franchise (Petroleum Products) Act 1979 requires attention to two main regimes: record-keeping and transportation documentation. For a petroleum retailer, the first step is to ensure that a system is in place to make a record of every purchase of motor spirit and diesel fuel. The record must be created at or shortly after the time of purchase and must be retained for five years. It must be in the form and contain the particulars required by the Commissioner. If no form has been prescribed, a reasonable interpretation is that the record should include at least the date, supplier, product type, quantity, and price. The record may be electronic or paper, but it must be accurate. False or misleading entries risk penalties of up to 100 penalty units (individual) or 500 penalty units (body corporate). Retailers should also keep records of sales for their own business purposes (though the Act only requires records of purchases), because those sales records may be useful for the wholesaler’s obligations and for verifying the retailer’s own compliance.

For a petroleum wholesaler, the obligation is broader: a record of both sales and purchases must be made and kept for five years. The wholesaler’s records should capture the same information as the retailer’s purchases plus similar detail for each sale , customer name, date, product, quantity, and delivery address. Where the sale is deemed to have occurred in Victoria under s 2(1B) (because delivery is to Victoria), the wholesaler must still keep the record even if the sale transaction was concluded outside Victoria. A wholesaler who receives payment from the Treasurer under s 17 must also be prepared to respond to a request for information under s 18(1) within any timeframe specified by the Treasurer. That information must be accurate and not misleading.

For transportation of petroleum products in a tank exceeding 3000 litres, the person on whose behalf the products are transported (typically the consignor or seller) must complete a transportation record before the vehicle departs. The record must contain the date and address of commencement, class and quantity of products, names and addresses of the person on whose behalf they are transported, the owner (if different), the person to whom the carrier is to transport them (if any), the destination address, and the name and address of the purchaser (if any). This record must be in a form approved by the Commissioner. The approved form may be a standard pro forma document. The consignor must give the completed record to the carrier at or before commencement of transportation. The carrier (driver) must ensure that the transportation record is carried in the vehicle at all times while the products are being transported. The driver must produce it to an inspector upon request and must comply with any request or signal to stop from a police officer. Failure to carry the record or produce it can result in seizure of the load and forfeiture upon conviction. Therefore, a robust procedure should involve the consignor preparing the record and handing it to the driver, who should place it in a readily accessible location in the cab. The driver should be trained to produce it immediately upon request.

If an inspector requests the driver to move the vehicle to another place for unloading, the driver should comply. Failure to do so may result in a police officer taking charge of the vehicle. The driver should not resist.

Records under s 21 need not be kept for five years if the Commissioner authorises earlier destruction (s 21(5)). A person may apply for such authorisation, though the Act does not specify the procedure. In the absence of authorisation, the full five-year period applies. Record-keeping systems should be designed to retain records for that period automatically.

A person who has been issued with a determination under s 3 (petroleum wholesalers’ group membership) should keep a copy of that determination on file and ensure that their record-keeping aligns with any group requirements. If the Commissioner revokes a determination, the person should be notified.

Finally, any person who becomes aware of an error in a previously completed record or transportation document should consider whether correction is possible. The Act does not provide a defence for corrections, but the timing of the correction may be relevant to any allegation of a false or misleading record. In any event, deliberate falsification should be avoided.

Given the Act’s age and its survival beyond the repeal of its core licensing provisions, practitioners should verify that the Commissioner has published any required forms or particulars. If no such forms exist, a person may need to seek guidance from the State Revenue Office or the Department of Treasury and Finance.