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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
What these Regulations do, in plain language
Who is affected
How it matters (mechanics and the practical effects)
Applications and fees: A written application for an approval to vary a fuel standard must include specific identity, contact and technical information (reg 4). The standard application fee is set at $5,944 (reg 5). An applicant (other than a government agency) may ask the Minister for a full or partial exemption from that fee (reg 6). The Minister must decide and notify the applicant within 14 days (reg 6(3)). The Minister may require further information from applicants (reg 4(3)). If an application is withdrawn within 14 days and the Minister has not considered it, the fee must be refunded (reg 6A(1)).
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Direct links to the current provisions in Fuel Quality Standards Regulations 2001.
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Who pays and financial flows: Applicants normally pay the application fee (reg 5). The Commonwealth pays market value for any legally sellable fuel that an inspector removes as a sample (reg 20). The Secretary administers instalment arrangements for infringement penalties if applied for (regs 23A, 23C).
Notification and documentation timing: Holders of approvals must inform regulated persons of a condition or variation within set time windows that depend on how many regulated persons are covered (24 hours up to 5 working days) or on the first supply after the holder is told (reg 7(1)). Suppliers must provide specified fuel documentation within a prescribed period that begins when fuel is supplied and ends 72 hours later (reg 7A(1)). Required documentation items are listed (supplier identity, delivery docket, kind/grade, time, quantity, place, non-compliance particulars, vehicle identifiers, etc.) (reg 7A(4)).
Sampling, testing and evidence: Inspectors must take two or more uniform samples, seal and label them, send one or more to accredited laboratories or accredited persons, and may retain samples for further testing (reg 17). If an occupier is present, one sealed container must be offered to them for liquid fuels (reg 17(2)). Sample security and chain-of-custody rules are specified to preserve integrity and blind the testing laboratory to the source (reg 19). Accredited laboratories must be NATA-accredited domestic labs or accredited labs overseas meeting international accreditation standards (reg 21). Certificates signed by inspectors or the Secretary are admissible evidence of procedural facts in proceedings (reg 23E).
Enforcement and penalties: The Regulations set how infringement notices are given (personal, post, or left at last-known address) (reg 23B), require a statement on instalment options to appear on the notice (reg 23A), allow people 28 days to apply to the Secretary for an instalment arrangement (reg 23C), and provide evidentiary and procedural rules for withdrawal representations, inadmissibility of admissions made in representations, and treatment of cheque payments (regs 23D, 23E, 23G). If a person elects not to pay an infringement notice and is later convicted, the court must not take that election into account when sentencing (reg 23F).
Record-keeping and reporting burden: Suppliers must keep detailed annual records for each calendar year of fuel supplied in Australia (reg 24). Different categories of suppliers have tailored record lists: producers/blenders (types, quantities, testing, tracing to delivery dockets, stock reconciliation) (reg 25), importers (shipment details, port, tariff code, importer number, manufacturer contact, testing details) (reg 26), distributors using vehicles (copies of delivery documents and loading place/time) (reg 27), and service stations/distributors (delivery documents, stock reconciliation, testing details) (reg 28). Records must be kept at the premises where fuel is supplied and retained for 12 months after the end of the calendar year (reg 24(2)). Annual statements are to be provided to the Secretary by hand, pre-paid post or electronically (reg 29).
Governance and delegation: Committee members have fixed maximum terms (3 years) and must disclose interests; conflict rules prevent participation where interests exist (regs 9–10). The Minister may terminate membership for listed causes (reg 12). The Minister and the Secretary may delegate their functions under these Regulations in writing to specified departmental officials; delegates must follow written directions (regs 30A–30B).
Discretion and implementation risk (where administrative choices change outcomes)
Ministerial discretion: The Minister decides on fee exemptions (reg 6), refunds (reg 6A), may require further information for approvals (reg 4(3)), and can terminate Committee members (reg 12). The Regulations list factors the Minister must have regard to for fee-exemption requests (financial hardship criteria and other considerations) (regs 6(3A), 6(3B)). Those factors shape how discretion is to be exercised but leave judgement to the Minister.
Secretary discretion: The Secretary decides whether to allow payment by instalments for infringement penalties (reg 23C(2)).
Concrete behaviour changes and incentives the Regulations create
Key cross-references and implementation notes
Sources in these Regulations: reg 3 (definitions); reg 4 (applications); reg 5 (fee); reg 6/6A (exemption/refund); reg 7/7A (informing/ documentation); regs 8–13 (Committee); reg 14 (publishing notices); regs 15–23 (enforcement, sampling, accreditation, infringement notices); regs 24–29 (records and reporting); regs 30–30B (delegations); regs 31–32 (application of amendments).