Version incorporating amendments as at
27 September 2012
table of provisions
Section Page
1 Short title and commencement 1
2 Definitions 1
3 Proclamation of a state of emergency in relation to a kind of fuel 2
4 Powers of Minister during period of emergency 3
5 Compliance with directions etc. of Minister 5
6 Delegation of powers and functions by Minister 5
7 Application and operation of directions etc. 6
8 Provision for compensation to persons complying with directions 6
9 Offences 7
10 Appropriation 7
11 Corporations Act displacement 8
ENDNOTES 9
General Information 9
Table of Amendments 10
Explanatory Details 11
Version No.015
Fuel Emergency Act 1977
No. 8976 of 1977
Version incorporating amendments as at
27 September 2012
An Act to make Provision with respect to the Production, Supply, Distribution, Sale, Use and Consumption of Fuel during a State of Emergency, to amend the Essential Services Act 1958 and for other purposes.
BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
1 Short title and commencement
(1) This Act may be cited as the Fuel Emergency Act 1977.
(2) This Act shall come into operation on the day upon which it receives the Royal Assent.
2 Definitions
In this Act, unless inconsistent with the context or subject-matter—
Minister means the Minister (including the Premier of Victoria) for the time being designated by the Premier of Victoria as the Minister for any purpose under this Act;
period of emergency means the time during which any proclamation of a state of emergency made under this Act in relation to a fuel is in force;
services means anything done or necessary or expedient to be done for or with respect to the production supply distribution or sale of fuel.
3 Proclamation of a state of emergency in relation to a kind of fuel
s. 3
S. 3(1) amended by No. 33/2005 s. 6(a).
(1) Where at any time it appears to the Governor in Council that any action has been taken or is immediately threatened by any person or body of persons or an event has occurred or is about to occur whereby any kind of fuel is or is likely to become unavailable to meet the reasonable requirements of the community and that a state of emergency exists or is likely to exist in relation to that fuel the Governor in Council may by proclamation published in the Government Gazette declare that a state of emergency exists in relation to that fuel.
(2) Any such proclamation in relation to any fuel may be limited therein as to time place and circumstance.
S. 3(3) amended by No. 33/2005 s. 6(b).
(3) No such proclamation shall be in force for more than 3 months, without prejudice to the issue of another proclamation of emergency before at or after the end of that period.
(4) Any such proclamation may be revoked—
(a) by a proclamation of the Governor in Council published in the Government Gazette; or
(b) by a resolution passed by either House of the Parliament.
(5) If—
(a) at the time of the publication in the Government Gazette of any proclamation of emergency Parliament is not sitting; and
(b) a petition signed by not less than twenty members of the Legislative Assembly or by not less than thirty members of Parliament all or any of whom are members of the Legislative Council objecting to such proclamation and requesting that Parliament should be summoned is addressed to the Speaker of the Legislative Assembly or the President of the Legislative Council—
Parliament shall be summoned to meet as soon as practicable thereafter.
4 Powers of Minister during period of emergency
s. 4
(1) During a period of emergency the Minister may in relation to the production supply distribution sale use or consumption of the fuel to which the period of emergency relates provide operate control regulate and direct any service (whether by way of continuation or modification of, or substitution for, any service theretofore provided).
(2) The Minister may employ at not less than award rates such persons in such numbers and upon such terms as appear to him to be necessary for the carrying into effect of the powers referred to in the last preceding subsection.
(3) Without limiting the generality of the foregoing provisions of this section the Minister may by notice in writing in relation to a fuel in respect of which a period of emergency is in force—
(a) give such directions as are necessary to control direct restrict or prohibit the production supply distribution sale use or consumption of the fuel;
(b) direct a person who extracts produces transports or distributes the fuel to extract it for or produce it transport or distribute it to a person specified in the direction;
(c) direct a person to comply with such terms and conditions as the Minister determines relating to the extracting production supply distribution sale use or consumption of the fuel;
(d) direct that a person to whom that fuel is provided or transported accept the fuel so provided or transported;
(e) direct what services shall be maintained and upon what terms and conditions they shall operate;
(f) direct persons and bodies to operate and maintain services to the extent and upon the terms specified in the direction;
(g) direct at what times and places and upon what terms and conditions and in what manner services may be used or availed of;
(h) prohibit the operation or use of services except, if so specified in the prohibition, with the consent of the Minister;
s. 4
(i) requisition the use of property of any kind which is used or may be used for or in connexion with the operation or maintenance of any service;
(j) provide for or control, by direction prohibition or requisition, the operation use disposal distribution storage repair upkeep and maintenance of any property or commodity used or which may be used for or in connexion with any service;
(k) by notice in writing authorize a person specified in the notice to enter any land building or structure used for or in connexion with the provision of services;
(l) provide, by direction prohibition or requisition, for any matter or thing incidental to the carrying into effect of the powers referred to in this section.
5 Compliance with directions etc. of Minister
s. 5
(1) Every body and every person to which or to whom any direction prohibition or requisition is addressed or directed under this Act shall comply with such direction prohibition or requisition.
(2) Such a direction prohibition or requisition may be addressed or directed to bodies and persons generally or particularly, in writing or verbally, by publication or advertisement or by any other means or in any other manner which appear or appears to the Minister to be practicable appropriate or expedient in the circumstances.
6 Delegation of powers and functions by Minister
(1) The Minister may in relation to any matter or class of matters or in relation to any part of Victoria by writing under his hand delegate all or any of his powers and functions under this Act (except this power of delegation) so that the delegated powers or functions may be exercised by the delegate with respect to the matters or class of matters or part of Victoria specified in the instrument of delegation.
(2) Every delegation under this section shall be revocable at will and no delegation shall prevent the exercise of any power or function by the Minister.
7 Application and operation of directions etc.
s. 7
(1) Any direction prohibition or requisition under this Act—
(a) may be made so as to apply to or have operation throughout the whole or any part of Victoria;
(b) may subject to this Act be made so as to operate for any period or periods or for any time or times or for any occasion or occasions specified therein;
(c) may be of general operation or of specially limited operation according to time place circumstances conditions or restrictions;
(d) may be revoked by the Minister or by a resolution passed by either House of Parliament; and
(e) shall have effect as if enacted in this Act.
(2) The expiry or revocation of any direction prohibition or requisition under this Act shall not be deemed to have affected the previous operation thereof or the validity of any action taken thereunder or any penalty or punishment incurred in respect of any contravention of or failure to comply therewith or any proceeding or remedy in respect of any such penalty or punishment.
8 Provision for compensation to persons complying with directions
(1) Any person or body of persons who or which as the result of compliance with any direction prohibition or requisition addressed or directed under this Act to him or it or while complying with or being engaged in the carrying into effect of any such direction prohibition or requisition suffers loss damage or injury for which he is not otherwise indemnified shall be entitled to compensation under this Act.
(2) Every claim for compensation under this Act shall be made in a form and within a time approved by the Governor in Council.
S. 8(3) amended by Nos 16/1986
s. 30(Sch.), 50/2011 s. 46(Sch. item 7.1).
(3) In default of agreement as to the amount of compensation between the Minister and the claimant the Minister shall direct that the matter be referred to arbitration before a sole arbitrator who shall, where the claim is for an amount greater than $1000, be a County Court judge nominated by the Governor in Council and in any other case be a magistrate so nominated.
S. 8(4) amended by Nos 10167 s. 3(1)(Sch. 1), 50/2011 s. 46(Sch. item 7.2).
(4) Save as aforesaid the provisions of the Commercial Arbitration Act 2011 shall apply with respect to such arbitration and the Minister's direction shall be deemed to be the arbitration agreement under the said Act and the Minister and the claimant shall be deemed to be the parties thereto.
9 Offences
s. 9
(1) Any person or body who or which contravenes or fails to comply with any direction prohibition or requisition or any regulation under this Act shall be guilty of an offence against this Act.
S. 9(2) amended by No. 9554 s. 2(2)(Sch. 2 item 94).
(2) Every person or body who or which is guilty of an offence against this Act shall where no other penalty is expressly provided be liable to a penalty of not more than 50 penalty units.
10 Appropriation
Any sums required to be paid or provided for the purposes of this Act shall be paid out of the Consolidated Fund (which is hereby to the necessary extent appropriated accordingly).
S. 11
repealed by No. 9863 s. 2(Sch.), new s. 11 inserted by No. 51/2012 s. 9.
11 Corporations Act displacement
This Act is declared to be a Corporations legislation displacement provision for the purposes of section 5G of the Corporations Act in relation to the provisions of Chapter 2D and Chapter 5 of that Act.
s. 11
Note
Section 5G of the Corporations Act provides that if a State law declares a provision of a State law to be a Corporations legislation displacement provision, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not apply to the extent necessary to avoid the inconsistency.
ENDNOTES
Endnotes
General Information
The Fuel Emergency Act 1977 was assented to on 3 May 1977 and came into operation on 3 May 1977: section 1(2).
Table of Amendments
Endnotes
This Version incorporates amendments made to the Fuel Emergency Act 1977 by Acts and subordinate instruments.