Fuel Quality Standards Act 2000

How Standards Are Set

The Minister makes the standards (called 'fuel standards' and 'fuel quality information standards') through formal legal instruments. Before doing so, the Minister must consult a Fuel Standards Consultative Committee — a body that includes representatives of states and territories, the Commonwealth, fuel producers, environmental groups, and consumers.

Enforcement — How the Rules Are Policed

The law has a detailed enforcement system:

• Inspectors can be appointed to enter premises (with consent or a court warrant), inspect fuel, take samples, examine records, and seize evidence
• Penalties come in two forms: criminal offences (requiring proof of guilt beyond reasonable doubt) and civil penalties (decided on the balance of probabilities — a lower standard of proof, like a civil lawsuit)
• Infringement notices (like on-the-spot fines) can be issued for less serious breaches — pay within 28 days and avoid court
• Injunctions (court orders to stop illegal behaviour) are available to the Minister or any affected person, including environmental organisations
• Enforceable undertakings — the Secretary can accept a formal promise from a business to fix their conduct instead of taking them to court

Penalties at a Glance

| Breach | Individual | Company | |---|---|---| | Supplying non-compliant fuel | 500 units (~$156,500) | 2,500 units (~$782,500) | | Bad fuel information/labelling | 60 units (~$18,780) | 300 units (~$93,900) | | Supplying/importing banned additive | 250 units (~$78,250) | 1,250 units (~$391,250) |

(Penalty unit values are approximate and change over time)

Key Protections for Individuals

• Inspectors must show ID and get consent (or a warrant) before entering private premises
• You can refuse to answer questions if your answer might incriminate you
• Seized property must be returned within 60 days unless court proceedings begin
• You are compensated if government inspectors damage your electronic equipment

State and Territory Laws

This federal law generally coexists with state and territory fuel laws — both can apply at the same time. However, the federal government can, through regulations, override state laws in specific areas where a national fuel standard applies.