Fuels Rationing Act 2019 (ACT)

The Fuels Rationing Act 2019 establishes a statutory framework for declaring and enforcing temporary restrictions on the use, sale, holding and distribution of fuels in the Australian Capital Territory (the Territory) when there is a shortage or a likely shortage of fuel. Mechanically, it does four principal things.

First, it authorises the Minister to approve an "approved fuel restriction scheme" that sets staged restrictions and the classes of people, fuel types and circumstances to which restrictions may apply (see s 8, s 9). An approved scheme is a disallowable instrument (s 8(3)), so the Legislative Assembly’s disallowance and tabling procedures under the Legislation Act apply.

Second, it gives the Minister a separate power to declare that a particular restriction under an approved scheme is in force, for up to three months, and to extend that declaration once for up to three further months (see s 11(3), s 14). A declaration is a notifiable instrument (s 11(5)). The declaration may specify classes of people, amounts or types of fuel, times or other circumstances (s 11(2)). The Act permits the Minister, in limited urgent circumstances, to have a declaration commence on or before the notification day (s 11(6)-(7)).

Third, the Act imposes operational duties on market participants, most notably on a "fuel seller" to register details with the director-general (name, contact, premises, fuel kinds and storage capacity) within 14 days of commencing business and to update the director-general within 14 days of any change; failure attracts a strict liability offence and a maximum penalty of 50 penalty units (see s 10(1)-(5)). Where a declaration is made, the Minister must ensure communications to the public by broadcast and public notice and to fuel sellers who have registered (s 12). Fuel sellers who are notified must display an A4 notice at points where affected fuel is offered for sale (s 13), and contraventions by either fuel sellers or other persons are offences (s 18).

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Fuels Rationing Act 2019 A2019-11 Republication No 5 Effective: 12 October 2021 Republication date: 12 October 2021 Last amendment made by A2020-47 (republication for expiry of transitional provisions (pt 10))

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au About this republication The republished law This is a republication of the Fuels Rationing Act 2019 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 12 October 2021. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 12 October 2021. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

R4 12/10/20 Fuels Rationing Act 2019 Effective: 12/10/20 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Fuels Rationing Act 2019 Contents Page Part 1 Preliminary 1 Name of Act 2 3 Dictionary 2 4 Notes 2 5 Offences against Act—application of Criminal Code etc 3 Part 2 Fuel restriction scheme 6 Meaning of fuel 4 7 Meaning of use 6 8 Approved fuel restriction scheme 6 9 Scope of fuel restriction scheme 7 10 Fuel seller must give notice 8

Contents Page contents 2 Fuels Rationing Act 2019 Effective: 12/10/20 R4 12/10/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 11 Declaration of fuel restriction 9 12 Publication of fuel restriction 11 13 Fuel restriction signage 11 14 Extension of fuel restriction 12 15 Fuel restriction—limit on proceedings 13 16 Application of Act to emergency services and police 14 Part 3 Enforcement Division 3.1 Fuel restriction offences 17 Definitions—pt 3 15 18 Contravening fuel restriction 15 19 Inspector may require information 16 20 Directions by inspector 16 21 Offence—contravene direction of inspector 17 22 Ending unauthorised use of fuel 18 Division 3.2 Inspectors Subdivision 3.2.1 General 23 Definitions—div 3.2 19 24 Inspector must show identity card on exercising power 19 Subdivision 3.2.2 Powers 25 Power to enter premises 20 26 Production of identity card 21 27 Consent to entry 21 28 General powers on entry to premises 23 29 Power to seize things 23 30 Direction to give name and address 24 31 Offence—fail to comply with direction to give name and address etc 26 Subdivision 3.2.3 Search warrants 32 Warrants generally 27 33 Warrants—application other than in person 28 34 Search warrants—announcement before entry 29 35 Details of search warrant to be given to occupier etc 30 36 Occupier entitled to be present during search etc 30

Contents Page R4 12/10/20 Fuels Rationing Act 2019 Effective: 12/10/20 contents 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Subdivision 3.2.4 Return and forfeiture of things seized 37 Receipt for things seized 31 38 Moving things to another place for examination or processing under search warrant 31 39 Access to things seized 32 40 Return of things seized 33 Subdivision 3.2.5 Miscellaneous 41 Damage etc to be minimised 33 42 Compensation for exercise of enforcement powers 34 43 Protection from liability 34 Part 4 Miscellaneous 44 Regulation-making power 35 Dictionary 36 Endnotes 1 About the endnotes 38 2 Abbreviation key 38 3 Legislation history 39 4 Amendment history 40 5 Earlier republications 41 6 Expired transitional or validating provisions 41

R4 12/10/20 Fuels Rationing Act 2019 Effective: 12/10/20 page 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Fuels Rationing Act 2019 An Act for the rationing and restriction of fuels, and for other purposes

Part 1 Preliminary Section 1 page 2 Fuels Rationing Act 2019 Effective: 12/10/20 R4 12/10/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1 Preliminary 1 Name of Act This Act is the Fuels Rationing Act 2019. 3 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act. For example, the signpost definition ‘inspector, for part 3 (Enforcement)—see section 17.’ means that the term ‘inspector’ is defined in that section for part 3. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). 4 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Preliminary Part 1 Section 5 R4 12/10/20 Fuels Rationing Act 2019 Effective: 12/10/20 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5 Offences against Act—application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2 Fuel restriction scheme Section 6 page 4 Fuels Rationing Act 2019 Effective: 12/10/20 R4 12/10/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Fuel restriction scheme 6 Meaning of fuel (1) In this Act: fuel means— (a) petroleum; or (b) a petroleum product; or (c) a petrochemical; or (d) any other fuel manufactured for use in an internal combustion engine; or (e) hydrogen; or (f) anything else prescribed by regulation. Examples—par (a) • compressed natural gas • liquefied natural gas Examples—par (b) • E10 petrol • leaded petrol • liquefied petroleum gas • unleaded petrol Example—par (c) diesel Examples—par (d) • biodiesel • ethanol fuel

Fuel restriction scheme Part 2 Section 6 R4 12/10/20 Fuels Rationing Act 2019 Effective: 12/10/20 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) In this section: petrochemical means a substance, whether in a gaseous, liquid or solid state, but not being a petroleum product, manufactured from any of, or from a mixture of any of, the following substances: (a) petroleum; (b) a petroleum product; (c) a petroliferous mineral. petroleum means— (a) any naturally occurring hydrocarbon, whether in a gaseous, liquid or solid state; or (b) any naturally occurring mixture of hydrocarbons, whether in a gaseous, liquid or solid state; or (c) any naturally occurring mixture of a hydrocarbon or hydrocarbons, whether in a gaseous, liquid or solid state, and 1 or more of the following: (i) hydrogen sulphide; (ii) nitrogen; (iii) helium; (iv) carbon dioxide. petroleum product means— (a) any hydrocarbon or mixture of hydrocarbons produced by subjecting petroleum to a process of refining or produced from petroliferous minerals; or (b) any mixture of a hydrocarbon produced with another substance.

Part 2 Fuel restriction scheme Section 7 page 6 Fuels Rationing Act 2019 Effective: 12/10/20 R4 12/10/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 7 Meaning of use (1) In this Act: use, of a fuel, includes the following: (a) buy; (b) sell; (c) hold; (d) distribute. (2) In this section: buy includes— (a) buy by wholesale, retail, auction or tender; and (b) obtain by barter or exchange. sell includes— (a) sell by wholesale, retail, auction or tender; and (b) barter or exchange; and (c) supply for profit or other commercial gain; and (d) offer for sale, receive for sale or expose for sale; and (e) have in possession for sale. 8 Approved fuel restriction scheme (1) The Minister may approve a scheme to restrict the use of fuels to deal with a shortage or likely shortage of fuel (an approved fuel restriction scheme). (2) In approving a scheme, the Minister must consider whether the scheme achieves 1 or more of the outcomes mentioned in section 11 (1) (b).

Fuel restriction scheme Part 2 Section 9 R4 12/10/20 Fuels Rationing Act 2019 Effective: 12/10/20 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) An approved fuel restriction scheme is a disallowable instrument. Note 1 A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. Note 2 The power to make an instrument includes the power to amend or repeal the instrument. The power to amend or repeal the instrument is exercisable in the same way, and subject to the same conditions, as the power to make the instrument (see Legislation Act, s 46). Note 3 Power to make a statutory instrument (including an approved fuel restriction scheme) includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act, s 48). 9 Scope of fuel restriction scheme (1) The Minister may approve a fuel restriction scheme under section 8 only if the scheme provides for— (a) the imposition of restrictions in different stages; and (b) a range of restrictions that may be imposed under each stage, including the following: (i) the amount or type of fuel to which the restrictions apply; (ii) the circumstances in which the restrictions apply; (iii) the class of buyers, sellers or other people to whom the restrictions apply.

Part 2 Fuel restriction scheme Section 10 page 8 Fuels Rationing Act 2019 Effective: 12/10/20 R4 12/10/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) An approved fuel restriction scheme may include provision for the Minister to exempt an entity from a fuel restriction if compliance with the restriction would cause the entity or anyone else serious detriment. Examples—serious detriment 1 A medical waste disposal service requires fuel to transport the medical waste for incineration and without an exemption the service would not be able to provide its service and a serious public health risk may arise. 2 A public bus service requires fuel to transport commuters who may have limited use of their vehicles due to fuel restrictions. Without an exemption, the service may not be able to provide buses which would severely disrupt the movements of commuters. 10 Fuel seller must give notice (1) A person who carries on a business of selling fuel (a fuel seller), whether by wholesale or retail, must give the director-general a written notice stating— (a) the fuel seller’s name and email address; and (b) the address and telephone number of each place where the fuel seller carries on the business; and (c) the kinds of fuel that can be stored at each place; and (d) the quantity of each kind of fuel that can be stored at each place. (2) The fuel seller must give the notice not later than 14 days after the day the fuel seller starts to carry on the business. (3) If a fuel seller has given a notice under subsection (1), the fuel seller must give the director-general a written notice of a change in any of the particulars stated in the notice not later than 14 days after the day the change happens.

Fuel restriction scheme Part 2 Section 11 R4 12/10/20 Fuels Rationing Act 2019 Effective: 12/10/20 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) If a fuel seller stops carrying on the business, the fuel seller must, not later than 14 days after the day the fuel seller stops carrying on the business, give the director-general a written notice stating— (a) that the fuel seller has stopped carrying on the business; and (b) the date the fuel seller stopped carrying on the business. (5) A fuel seller commits an offence if the fuel seller— (a) is required to give a notice to the director-general under this section; and (b) does not give the notice in accordance with this section. Maximum penalty: 50 penalty units. (6) An offence against this section is a strict liability offence. 11 Declaration of fuel restriction (1) The Minister may declare that a restriction under an approved fuel restriction scheme is in force (a fuel restriction) if satisfied that— (a) there is a shortage, or likely shortage, of fuel; and (b) the declaration is necessary to— (i) facilitate, as far as practicable, the provision of efficient, reliable and sustainable fuel supplies to consumers; or (ii) protect the interest of consumers; or (iii) manage the safety and security of the fuel distribution chain; or (iv) protect public safety; or (v) comply with international agreements or commitments; or (vi) assist a State or another Territory in doing anything mentioned in subparagraphs (i) to (v). Note State includes the Northern Territory (see Legislation Act, dict, pt 1).

Part 2 Fuel restriction scheme Section 11 page 10 Fuels Rationing Act 2019 Effective: 12/10/20 R4 12/10/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) The declaration may state that the restriction applies in relation to 1 or more of the following: (a) a stated class of people; (b) a stated amount or type of fuel; (c) a stated time or day; (d) any other stated circumstance. (3) The declaration must state the period (not longer than 3 months) the fuel restriction is in force. (4) However, if the Minister is satisfied there is no longer a shortage, or likely shortage of fuel, the Minister must repeal the declaration. (5) A declaration is a notifiable instrument. Note 1 A notifiable instrument must be notified under the Legislation Act. Note 2 The power to make a declaration includes the power to amend or repeal the declaration. The power to amend or repeal the declaration is exercisable in the same way, and subject to the same conditions, as the power to make the declaration (see Legislation Act, s 46). Note 3 Power to make a statutory instrument (including a declaration) includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act, s 48). (6) A declaration may provide for its commencement on or before the declaration’s notification day. (7) However— (a) a declaration may not provide for a commencement date or time that would result in the declaration commencing before it is made; and

Fuel restriction scheme Part 2 Section 12 R4 12/10/20 Fuels Rationing Act 2019 Effective: 12/10/20 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) a declaration may not commence before it is notified under the Legislation Act unless the Minister is satisfied that the circumstances are of such seriousness and urgency that commencement before notification is necessary. 12 Publication of fuel restriction (1) As soon as possible after making a declaration under section 11 that a fuel restriction is in force, the Minister must ensure that notice of the restriction is— (a) broadcast in the ACT by television or radio; and (b) given in a public notice; and (c) given, in writing, to a fuel seller who— (i) has given a notice to the director-general under section 10; and (ii) is offering fuel for sale that is subject to the fuel restriction. Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). (2) A failure to comply with subsection (1) does not affect the validity of the declaration. 13 Fuel restriction signage (1) This section applies if a fuel seller is given notice of a fuel restriction under section 12 (1) (c). (2) The fuel seller must ensure that a notice stating that a fuel restriction is in force (a fuel restriction notice) is displayed— (a) at the fuel seller’s business where fuel subject to the fuel restriction is offered for sale; and

Part 2 Fuel restriction scheme Section 14 page 12 Fuels Rationing Act 2019 Effective: 12/10/20 R4 12/10/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) in a place where the notice is reasonably visible to buyers of the fuel before the fuel is bought. Example at the bowser Maximum penalty: 50 penalty units. (3) An offence against this section is a strict liability offence. (4) A fuel restriction notice must— (a) state that— (i) a fuel restriction is in force; and (ii) penalties for noncompliance with the fuel restriction may apply under this Act; and (iii) further information can be found on an ACT government website; and (b) be at least A4 size. 14 Extension of fuel restriction (1) The Minister may extend the period mentioned in section 11 (3) (the declaration period) for not more than 3 months. (2) An extension must not be made earlier than 1 month before the day the declaration period ends. (3) The Minister may extend the period only if the Minister is satisfied that a continuation of a shortage, or likely shortage of fuel, requires a fuel restriction to remain in force. Example A 3-month declaration of a fuel restriction is in force during a critical fuel shortage to ensure sustainable fuel use for the ACT. During the final month of the declaration period, the critical shortage still exists. The Minister is satisfied that the fuel restriction is required to remain in force and extends the period.

Fuel restriction scheme Part 2 Section 15 R4 12/10/20 Fuels Rationing Act 2019 Effective: 12/10/20 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) However, if the Minister is satisfied there is no longer a shortage, or likely shortage of fuel, the Minister must repeal the extension. (5) An extension is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. 15 Fuel restriction—limit on proceedings (1) A person must not start a proceeding in a court challenging a decision under any of the following provisions more than 30 days after the decision is made: (a) section 8 (Approved fuel restriction scheme); (b) section 11 (Declaration of fuel restriction); (c) section 14 (Extension of fuel restriction). (2) If a proceeding in relation to a decision mentioned in subsection (1) is started within 30 days, the proceeding is not subject to an interlocutory injunction in any court.

Part 2 Fuel restriction scheme Section 16 page 14 Fuels Rationing Act 2019 Effective: 12/10/20 R4 12/10/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 16 Application of Act to emergency services and police (1) This Act does not apply to the exercise or purported exercise of a function by— (a) a relevant person under the Emergencies Act 2004 for the purpose of protecting life, property or the environment; or (b) a police officer for the purpose of protecting life or property. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104). (2) In this section: emergency controller—see the Emergencies Act 2004, dictionary. relevant person means— (a) an emergency controller; or (b) a member of the ambulance service; or (c) a member of the fire and rescue service; or (d) a member of the rural fire service; or (e) a member of the SES; or (f) any other person under the control of— (i) an emergency controller; or (ii) the chief officer (ambulance service); or (iii) the chief officer (fire and rescue service); or (iv) the chief officer (rural fire service); or (v) the chief officer (SES); or (g) a police officer.

Enforcement Part 3 Fuel restriction offences Division 3.1 Section 17 R4 12/10/20 Fuels Rationing Act 2019 Effective: 12/10/20 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Enforcement Division 3.1 Fuel restriction offences 17 Definitions—pt 3 In this part: identity card means an identity card issued under the Dangerous Substances Act 2004, section 208. inspector means an inspector under the Dangerous Substances Act 2004, section 207. Note An inspector includes a police officer (see Dangerous Substances Act 2004, s 207 (1)). occupier, of premises, includes— (a) a person believed on reasonable grounds to be an occupier of the premises; and (b) a person apparently in charge of the premises. 18 Contravening fuel restriction (1) A fuel seller commits an offence if the fuel seller— (a) is notified of a fuel restriction under section 12 (1) (c); and (b) contravenes the fuel restriction. Maximum penalty: 50 penalty units. (2) A person other than a fuel seller commits an offence— (a) if notice of a fuel restriction is given under section 12 (1) (a) or (b); and (b) the person contravenes the fuel restriction. Maximum penalty: 50 penalty units.

Part 3 Enforcement Division 3.1 Fuel restriction offences Section 19 page 16 Fuels Rationing Act 2019 Effective: 12/10/20 R4 12/10/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) An offence against this section is a strict liability offence. 19 Inspector may require information (1) This section applies if an inspector reasonably requires information from a person who is subject to a fuel restriction. (2) An inspector may require the person to give, in writing, to the inspector as soon as practicable (but not later than 14 days after the day the notice is given) the following information: (a) the types of fuel held by the person; (b) the quantity of a fuel held by the person; (c) the quantity of a fuel sold by the person during a stated period. Note For how documents may be given, see the Legislation Act, pt 19.5. (3) A requirement under subsection (2) must be in writing and— (a) identify the person to whom the notice is given; and (b) state why the information is required; and (c) set out the maximum penalty, on conviction, for a failure to comply with the notice. (4) A person commits an offence if the person fails to comply with a requirement under subsection (2). Maximum penalty: 50 penalty units. (5) An offence against this section is a strict liability offence. 20 Directions by inspector (1) This section applies if an inspector believes on reasonable grounds that— (a) fuel has been used, or is being used, on premises in contravention of a fuel restriction; or

Enforcement Part 3 Fuel restriction offences Division 3.1 Section 21 R4 12/10/20 Fuels Rationing Act 2019 Effective: 12/10/20 page 17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) fuel has been used on premises in contravention of a fuel restriction and that a further contravention is likely. (2) The inspector may give the occupier of the premises a written direction to take action stated in the direction to ensure that fuel is used in accordance with the fuel restriction. (3) It is sufficient if the direction is addressed to ‘the occupier’ of the premises. (4) The direction must state— (a) a reasonable period within which the person must comply with the direction; and (b) the penalty for failure to comply with the direction. Note For other ways in which the direction may be given, see the Legislation Act, pt 19.5. 21 Offence—contravene direction of inspector (1) A person commits an offence if— (a) an inspector gives the person a direction under section 20; and (b) the person contravenes the direction. Maximum penalty: 50 penalty units. (2) An offence against this section is a strict liability offence. (3) This section does not apply if the person took all reasonable steps to comply with the direction. Note The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).

Part 3 Enforcement Division 3.1 Fuel restriction offences Section 22 page 18 Fuels Rationing Act 2019 Effective: 12/10/20 R4 12/10/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 22 Ending unauthorised use of fuel (1) An inspector may arrange to stop the supply of fuel to premises if the inspector believes on reasonable grounds that a person is contravening a direction under section 20. (2) An inspector may also arrange to stop the supply of fuel to premises if the inspector believes on reasonable grounds that— (a) fuel is being used on premises in contravention of a fuel restriction; and (b) a direction under section 20 is unlikely to end the contravention because, for example— (i) the premises are unoccupied (whether temporarily or permanently); or (ii) after making reasonable inquiries, the inspector cannot find the occupier of the premises; or (iii) the occupier is unlikely to comply with the direction; and (c) the contravention is likely to continue unless action is taken under this section. (3) The inspector must give the occupier of the premises a written notice stating that the supply of fuel will be stopped. (4) It is sufficient if the notice is addressed to ‘the occupier’ of the premises. Note For other ways in which the notice may be given, see the Legislation Act, pt 19.5.

Enforcement Part 3 Inspectors Division 3.2 Section 23 R4 12/10/20 Fuels Rationing Act 2019 Effective: 12/10/20 page 19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 3.2 Inspectors Subdivision 3.2.1 General 23 Definitions—div 3.2 In this division: connected—a thing is connected with an offence if— (a) the offence has been committed in relation to it; or (b) it will provide evidence of the commission of the offence; or (c) it was used, is being used, or is intended to be used, to commit the offence. offence includes an offence that there are reasonable grounds for believing has been, is being, or will be, committed. warrant means a warrant issued under subdivision 3.2.3 (Search warrants). 24 Inspector must show identity card on exercising power (1) If an inspector exercises a power under this Act that affects an individual, the inspector must first show the inspector’s identity card to the individual. (2) If an inspector exercises a power under this Act that affects a person, other than an individual, the inspector must first show the inspector’s identity card to an individual the inspector believes on reasonable grounds is an employee, officer or agent of the person. Examples—person other than an individual • corporation • partnership

Part 3 Enforcement Division 3.2 Inspectors Section 25 page 20 Fuels Rationing Act 2019 Effective: 12/10/20 R4 12/10/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Subdivision 3.2.2 Powers 25 Power to enter premises (1) For this Act, an inspector may— (a) at any reasonable time, enter premises that the public is entitled to use or that are open to the public (whether or not on payment of money); or (b) at any time, enter premises with the occupier’s consent; or (c) at any time, enter premises if the inspector believes on reasonable grounds that— (i) there is a risk to public safety; and (ii) the risk is so serious and urgent that immediate entry to the premises without the authority of a search warrant is necessary; or (d) enter premises in accordance with a search warrant. (2) However— (a) subsection (1) (a) does not authorise entry into a part of the premises that is being used only for residential purposes; and (b) subsection (1) (c) does not authorise entry into premises that are used for residential purposes, unless the premises are also the place from which a business subject to a fuel restriction is conducted. (3) An inspector may, without the consent of the occupier of premises, enter land around the premises to ask for consent to enter the premises. (4) To remove any doubt, an inspector may enter premises under subsection (1) without payment of an entry fee or other charge.

Enforcement Part 3 Inspectors Division 3.2 Section 26 R4 12/10/20 Fuels Rationing Act 2019 Effective: 12/10/20 page 21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (5) An inspector may— (a) for subsection (1) (a), (b) or (c)—enter the premises with necessary assistance; and (b) for subsection (1) (d)—enter the premises with necessary assistance and force. Note A search warrant to enter premises, issued under this Act, permits an inspector to enter premises with any necessary assistance and force. (6) In this section: necessary assistance, for an inspector entering premises, includes the attendance of 1 or more people who, in the opinion of the inspector, have knowledge or skills that could assist the inspector to carry out the inspector’s function. 26 Production of identity card An inspector and any other person other than a police officer who is accompanying the inspector may not remain at premises entered under this part if the inspector does not produce the inspector’s identity card when asked by the occupier. 27 Consent to entry (1) When seeking the consent of an occupier to enter premises under section 25 (1) (b) (Power to enter premises), an inspector must— (a) produce the inspector’s identity card; and (b) tell the occupier— (i) the purpose of the entry; and (ii) the reason for, and identity of, any other person accompanying the inspector; and

Part 3 Enforcement Division 3.2 Inspectors Section 27 page 22 Fuels Rationing Act 2019 Effective: 12/10/20 R4 12/10/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (iii) that anything found and seized under this part may be used in evidence in court; and (iv) that consent may be refused. (2) If the occupier consents, the inspector must ask the occupier to sign a written acknowledgment (an acknowledgment of consent)— (a) that the occupier was told— (i) the purpose of the entry; and (ii) the reason for, and identity of, any other person accompanying the inspector; and (iii) that anything found and seized under this part may be used in evidence in court; and (iv) that consent may be refused; and (b) that the occupier consented to the entry; and (c) stating the time and date when consent was given. (3) If the occupier signs an acknowledgment of consent, the inspector must immediately give a copy to the occupier. (4) A court must find that the occupier did not consent to entry to the premises by the inspector under this part if— (a) the question arises in a proceeding in the court whether the occupier consented to the entry; and (b) an acknowledgment of consent is not produced in evidence; and (c) it is not proved that the occupier consented to the entry.

Enforcement Part 3 Inspectors Division 3.2 Section 28 R4 12/10/20 Fuels Rationing Act 2019 Effective: 12/10/20 page 23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 28 General powers on entry to premises (1) An inspector who enters premises under this part may, for this Act, do 1 or more of the following in relation to the premises or anything at the premises: (a) inspect or examine; (b) take measurements or conduct tests; (c) take samples; (d) make sketches, drawings or any other kind of record (including photographs, films, audio, video or other recordings); (e) require the occupier, or anyone at the premises, to give the inspector reasonable help to exercise a power under this part. Note The Legislation Act, s 170 and s 171 deal with the application of the privilege against self-incrimination and client legal privilege. (2) A person must take all reasonable steps to comply with a requirement made of the person under subsection (1) (e). Maximum penalty: 50 penalty units. 29 Power to seize things (1) An inspector who enters premises under this part with the occupier’s consent may seize anything at the premises if seizure of the thing is consistent with the purpose of the entry told to the occupier when seeking the occupier’s consent. (2) An inspector who enters premises under a warrant under this part may seize anything at the premises that the inspector is authorised to seize under the warrant.

Part 3 Enforcement Division 3.2 Inspectors Section 30 page 24 Fuels Rationing Act 2019 Effective: 12/10/20 R4 12/10/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) An inspector who enters premises under this part (whether with the occupier’s consent, under a warrant or otherwise) may seize anything at the premises if satisfied on reasonable grounds that— (a) the thing is connected with an offence against this Act; and (b) the seizure is necessary to prevent the thing from being— (i) concealed, lost or destroyed; or (ii) used to commit, continue or repeat the offence. (4) Having seized a thing, an inspector may— (a) remove the thing from the premises where it was seized (the place of seizure) to another place; or (b) leave the thing at the place of seizure but restrict access to it. (5) If access to a thing is restricted under subsection (4) (b), the inspector must place a notice in a conspicuous place identifying that the thing is seized. (6) A person commits an offence if— (a) the person interferes with a seized thing, or anything containing a seized thing, to which access has been restricted under subsection (4); and (b) the person does not have an inspector’s approval to interfere with the thing. Maximum penalty: 50 penalty units. (7) An offence against subsection (6) is a strict liability offence. 30 Direction to give name and address (1) This section applies if an inspector believes on reasonable grounds that a person— (a) has committed, is committing or is about to commit an offence against this Act; or

Enforcement Part 3 Inspectors Division 3.2 Section 30 R4 12/10/20 Fuels Rationing Act 2019 Effective: 12/10/20 page 25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) may be able to assist in the investigation of an offence against this Act. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104). (2) The inspector may direct the person to give the inspector, immediately, any of the following personal details (a name and address direction): (a) the person’s full name; (b) the person’s home address. Note The inspector must first show the person the inspector’s identity card (see s 24). (3) If the inspector believes on reasonable grounds that a personal detail given by a person in response to a name and address direction is false or misleading, the inspector may direct the person to produce evidence immediately of the correctness of the detail (an evidence direction). (4) If an inspector gives a direction to a person, the inspector must tell the person that it is an offence if the person fails to comply with the direction. (5) If an inspector gives a direction to a person, the inspector must give the direction in a language, or in a way of communicating, that the inspector believes on reasonable grounds the person is likely to understand.

Part 3 Enforcement Division 3.2 Inspectors Section 31 page 26 Fuels Rationing Act 2019 Effective: 12/10/20 R4 12/10/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 31 Offence—fail to comply with direction to give name and address etc (1) A person commits an offence if the person— (a) is the subject of— (i) a name and address direction; or (ii) an evidence direction; and (b) fails to comply with the direction. Maximum penalty: 5 penalty units. Note It is an offence to make a false or misleading statement or give false or misleading information (see Criminal Code, pt 3.4). (2) An offence against this section is a strict liability offence. (3) This section does not apply to a person if the inspector, before giving the direction, did not— (a) produce the inspector’s identity card for inspection by the person; or (b) warn the person that failure to comply with the direction is an offence. Note The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58). (4) In this section: direction means a name and address direction or an evidence direction.

Enforcement Part 3 Inspectors Division 3.2 Section 32 R4 12/10/20 Fuels Rationing Act 2019 Effective: 12/10/20 page 27 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Subdivision 3.2.3 Search warrants 32 Warrants generally (1) An inspector may apply to a magistrate for a warrant to enter premises. (2) The application must— (a) be sworn; and (b) state the grounds on which the warrant is sought. (3) The magistrate may refuse to consider the application until the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. (4) The magistrate may issue a warrant only if satisfied there are reasonable grounds for suspecting— (a) there is a particular thing or activity connected with an offence against this Act; and (b) the thing or activity— (i) is, or is being engaged in, at the premises; or (ii) may be, or may be engaged in, at the premises within the next 14 days. (5) The warrant must state— (a) that an inspector may, with any necessary assistance and force, enter the premises and exercise the inspector’s powers under this part; and (b) the offence for which the warrant is issued; and (c) the things that may be seized under the warrant; and (d) the hours when the premises may be entered; and

Part 3 Enforcement Division 3.2 Inspectors Section 33 page 28 Fuels Rationing Act 2019 Effective: 12/10/20 R4 12/10/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (e) the date, within 14 days after the day of the warrant’s issue, when the warrant ends. 33 Warrants—application other than in person (1) An inspector may apply for a warrant by phone, fax, radio, email, letter or other form of communication if the inspector considers it necessary because of— (a) urgent circumstances; or (b) other special circumstances. (2) Before applying for the warrant, the inspector must prepare an application stating the grounds on which the warrant is sought. (3) The inspector may apply for the warrant before the application is sworn. (4) After issuing the warrant, the magistrate must immediately provide a written copy to the inspector if it is practicable to do so. (5) If it is not practicable to provide a written copy of the warrant to the inspector— (a) the magistrate must tell the inspector— (i) what the terms of the warrant are; and (ii) the date and time the warrant was issued; and (b) the inspector must complete a form of warrant (the warrant form) and write on it— (i) the magistrate’s name; and (ii) the date and time the magistrate issued the warrant; and (iii) the warrant’s terms. (6) The written copy of the warrant, or the warrant form properly completed by the inspector, authorises the entry and the exercise of the inspector’s powers under this part.

Enforcement Part 3 Inspectors Division 3.2 Section 34 R4 12/10/20 Fuels Rationing Act 2019 Effective: 12/10/20 page 29 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (7) The inspector must, at the first reasonable opportunity, send to the magistrate— (a) the sworn application; and (b) if the inspector completed a warrant form—the completed warrant form. (8) On receiving the documents mentioned in subsection (7), the magistrate must attach them to the warrant. (9) A court must find that a power exercised by an inspector was not authorised by a warrant under this section if— (a) the question arises in a proceeding in the court whether the exercise of power was authorised by a warrant; and (b) the warrant is not produced in evidence; and (c) it is not proved that the exercise of power was authorised by a warrant under this section. 34 Search warrants—announcement before entry (1) An inspector must, before anyone enters premises under a search warrant— (a) announce that the inspector is authorised to enter the premises; and (b) give anyone at the premises an opportunity to allow entry to the premises; and (c) if the occupier of the premises, or someone else who apparently represents the occupier, is present at the premises—identify themself to the person.

Part 3 Enforcement Division 3.2 Inspectors Section 35 page 30 Fuels Rationing Act 2019 Effective: 12/10/20 R4 12/10/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) The inspector is not required to comply with subsection (1) if the inspector believes on reasonable grounds that immediate entry to the premises is required to ensure— (a) the safety of anyone (including the inspector or any person assisting); or (b) that the effective execution of the warrant is not frustrated. 35 Details of search warrant to be given to occupier etc If the occupier of the premises, or someone else who apparently represents the occupier, is present at the premises while a search warrant is being executed, the inspector or a person assisting must make available to the person— (a) a copy of the warrant; and (b) a document setting out the rights and obligations of the person. 36 Occupier entitled to be present during search etc (1) If the occupier of the premises, or someone else who apparently represents the occupier, is present at the premises while a search warrant is being executed, the person is entitled to observe the search being conducted. (2) However, the person is not entitled to observe the search if— (a) to do so would impede the search; or (b) the person is under arrest, and allowing the person to observe the search being conducted would interfere with the objectives of the search. (3) This section does not prevent 2 or more areas of the premises being searched at the same time.

Enforcement Part 3 Inspectors Division 3.2 Section 37 R4 12/10/20 Fuels Rationing Act 2019 Effective: 12/10/20 page 31 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Subdivision 3.2.4 Return and forfeiture of things seized 37 Receipt for things seized (1) As soon as practicable after a thing is seized by an inspector under this part, the inspector must give a receipt for it to the person from whom it was seized. (2) If, for any reason, it is not practicable to comply with subsection (1), the inspector must leave the receipt, secured conspicuously at the place of seizure under section 29 (Power to seize things). (3) A receipt under this section must include the following: (a) a description of the thing seized; (b) an explanation of why the thing was seized; (c) the inspector’s name, and how to contact the inspector; (d) if the thing is moved from the premises where it is seized— where the thing is to be taken. 38 Moving things to another place for examination or processing under search warrant (1) A thing found at premises entered under a search warrant may be moved to another place for examination or processing to decide whether it may be seized under the warrant if— (a) both of the following apply: (i) there are reasonable grounds for believing that the thing is or contains something to which the warrant relates; (ii) it is significantly more practicable to do so having regard to the timeliness and cost of examining or processing the thing at another place and the availability of expert assistance; or (b) the occupier of the premises agrees in writing.

Part 3 Enforcement Division 3.2 Inspectors Section 39 page 32 Fuels Rationing Act 2019 Effective: 12/10/20 R4 12/10/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) The thing may be moved to another place for examination or processing for not longer than 72 hours. (3) An inspector may apply to a magistrate for an extension of time if the inspector believes on reasonable grounds that the thing cannot be examined or processed within 72 hours. (4) The inspector must give notice of the application to the occupier of the premises, and the occupier is entitled to be heard on the application. (5) If a thing is moved to another place under this section, the inspector must, if practicable— (a) tell the occupier of the premises the address of the place where, and time when, the examination or processing will be carried out; and (b) allow the occupier or the occupier’s representative to be present during the examination or processing. (6) The provisions of this part relating to the issue of search warrants apply, with any necessary changes, to the giving of an extension under this section. 39 Access to things seized A person who would, apart from the seizure, be entitled to inspect a thing seized under this part may— (a) inspect the thing; and (b) photograph the thing; and (c) if the thing is a document—take extracts from, or make copies of, the thing.

Enforcement Part 3 Inspectors Division 3.2 Section 40 R4 12/10/20 Fuels Rationing Act 2019 Effective: 12/10/20 page 33 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 40 Return of things seized (1) A thing seized under this part must be returned to its owner, or reasonable compensation must be paid to the owner by the Territory for the loss of the thing, if— (a) a prosecution for an offence relating to the thing is not instituted within 90 days of the seizure; or (b) the court does not find the offence proved in a prosecution for an offence relating to the thing. (2) A thing seized under this part is forfeited to the Territory if a court— (a) finds an offence relating to the thing to be proved; and (b) orders the forfeiture. (3) If subsection (2) (a) applies, but a court does not order forfeiture of the thing seized, the Territory must return the thing to its owner or pay reasonable compensation to the owner for the loss of the thing. Subdivision 3.2.5 Miscellaneous 41 Damage etc to be minimised (1) In the exercise, or purported exercise, of a function under this part, an inspector must take all reasonable steps to ensure that the inspector, and any person assisting the inspector, causes as little inconvenience, detriment and damage as is practicable. (2) If an inspector, or a person assisting an inspector, damages anything in the exercise or purported exercise of a function under this part, the inspector must give written notice of the particulars of the damage to the person whom the inspector believes on reasonable grounds is the owner of the thing. (3) If the damage happens at premises entered under this part in the absence of the occupier, the notice may be given by leaving it secured in a conspicuous place at the premises.

Part 3 Enforcement Division 3.2 Inspectors Section 42 page 34 Fuels Rationing Act 2019 Effective: 12/10/20 R4 12/10/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 42 Compensation for exercise of enforcement powers (1) A person may claim compensation from the Territory if the person suffers loss or expense because of the exercise, or purported exercise, of a function under this part by— (a) an inspector; or (b) a person assisting an inspector. (2) Compensation may be claimed and ordered in a proceeding for— (a) compensation brought in a court of competent jurisdiction; or (b) an offence against this Act brought against the person making the claim for compensation. (3) A court may order the payment of reasonable compensation for the loss or expense only if it is satisfied it is just to make the order in the circumstances of the particular case. (4) A regulation may prescribe matters that may, must or must not be taken into account by the court in considering whether it is just to make the order. 43 Protection from liability (1) An inspector or a person assisting an inspector, is not civilly liable for conduct engaged in honestly and without recklessness— (a) in the exercise of a function under this Act; or (b) in the reasonable belief that the conduct was in the exercise of a function under this Act. (2) Any liability that would, apart from this section, attach to the inspector or a person assisting the inspector, attaches instead to the Territory. (3) In this section: conduct means an act or omission to do an act.

Miscellaneous Part 4 Section 44 R4 12/10/20 Fuels Rationing Act 2019 Effective: 12/10/20 page 35 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Miscellaneous 44 Regulation-making power The Executive may make regulations for this Act. Note A regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.

Dictionary page 36 Fuels Rationing Act 2019 Effective: 12/10/20 R4 12/10/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary (see s 3) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: • ACT • ambulance service • chief officer (ambulance service) • chief officer (fire and rescue service) • chief officer (rural fire service) • chief officer (SES) • contravene • director-general (see s 163) • entity • Executive • fail • fire and rescue service • instrument (see s 14) • Minister (see s 162) • notification • penalty unit (see s 133) • police officer • rural fire service • SES • State • territory law • the Territory. approved fuel restriction scheme—see section 8. connected, for division 3.2 (Inspectors)—see section 23. evidence direction—see section 30 (3).

Dictionary R4 12/10/20 Fuels Rationing Act 2019 Effective: 12/10/20 page 37 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au fuel—see section 6 (1). fuel restriction—see section 11 (1). fuel seller—see section 10 (1). identity card, for part 3 (Enforcement)—see section 17. inspector, for part 3 (Enforcement)—see section 17. name and address direction—see section 30 (2). occupier, of premises, for part 3 (Enforcement)—see section 17. offence, for division 3.2 (Inspectors)—see section 23. premises includes any land, structure or vehicle and any part of an area of land, a structure or vehicle. use, of a fuel—see section 7 (1). warrant, for division 3.2 (Inspectors)—see section 23.

Endnotes 1 About the endnotes page 38 Fuels Rationing Act 2019 Effective: 12/10/20 R4 12/10/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired

Endnotes Legislation history 3 R4 12/10/20 Fuels Rationing Act 2019 Effective: 12/10/20 page 39 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history Fuels Rationing Act 2019 A2019-11 notified LR 11 April 2019 s 1, s 2 commenced 11 April 2019 (LA s 75 (1)) remainder commenced 11 October 2019 (s 2 and LA s 79) as amended by Justice Legislation Amendment Act 2020 A2020-42 pt 17 notified LR 27 August 2020 s 1, s 2 commenced 27 August 2020 (LA s 75 (1)) pt 17 commenced 28 August 2020 (s 2 (9)) Emergencies Amendment Act 2020 A2020-47 sch 1 pt 1.2 notified LR 3 September 2020 s 1, s 2 commenced 3 September 2020 (LA s 75 (1)) sch 1 pt 1.2 commenced 4 September 2020 (s 2)

Endnotes 4 Amendment history page 40 Fuels Rationing Act 2019 Effective: 12/10/20 R4 12/10/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 4 Amendment history Commencement s 2 om LA s 89 (4) Meaning of fuel s 6 am A2020-42 s 90, s 91; pars renum R2 LA Fuel seller must give notice s 10 (3), (4) exp 11 October 2020 (s 10 (4)) ss renum R4 LA Application of Act to emergency services and police s 16 am A2020-47 amdt 1.4, amdt 1.5 Transitional pt 10 hdg exp 11 October 2021 (s 104) Meaning of commencement day—pt 10 s 100 exp 11 October 2021 (s 104) Inspectors s 101 exp 11 October 2021 (s 104) Identity cards s 102 exp 11 October 2021 (s 104) Transitional regulations s 103 exp 11 October 2021 (s 104) Expiry—pt 10 s 104 exp 11 October 2021 (s 104) Repeals pt 11 hdg om LA s 89 (3) Legislation repealed s 105 om LA s 89 (3)

Endnotes Earlier republications 5 R4 12/10/20 Fuels Rationing Act 2019 Effective: 12/10/20 page 41 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R1 11 Oct 2019 11 Oct 2019– 27 Aug 2020 not amended new Act R2 28 Aug 2020 28 Aug 2020– 3 Sept 2020 A2020-42 amendments by A2020-42 R3 4 Sept 2020 4 Sept 2020– 11 Oct 2020 A2020-47 amendments by A2020-47 R4 12 Oct 2020 12 Oct 2020– 11 Oct 2021 A2020-47 expiry of provisions (s 10 (3), (4)) 6 Expired transitional or validating provisions This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)). Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry. To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act. © Australian Capital Territory 2021

The Act builds around a small number of statutory concepts. Understanding their definitions, limits and interconnections is key to anticipating legal effects.

Fuel: Broadly defined in s 6(1) to include petroleum, petroleum products, petrochemicals, anything manufactured for internal-combustion engines, hydrogen and any fuel prescribed by regulation. The section also defines petrochemical, petroleum and petroleum product in detailed terms at ss 6(2)-(3). The examples given (compressed natural gas, LNG, E10 petrol, diesel, biodiesel, ethanol) indicate a wide coverage intended to capture conventional and alternative liquid and gaseous fuels.

Use: The statutory concept of use is deliberately expansive (s 7(1)). "Use" includes buy, sell, hold and distribute, and those verbs are themselves defined in extended terms at s 7(2) to capture wholesale and retail transactions, barter, supply for profit, offers for sale and possession for sale. This means the Act targets not only consumption but market transactions and storage.

Approved fuel restriction scheme: Under s 8 an approved scheme is the primary regulatory template. The Minister approves a disallowable instrument that must provide staged restrictions and a range of restrictions for each stage (s 9(1)). The scheme may also create exemption mechanisms, for example where compliance would cause "serious detriment" as illustrated by the examples in s 9(2). The scheme is authorised to specify different classes, types and circumstances (s 9(1)(b)(i)-(iii)).

Declaration of fuel restriction: The Minister, if satisfied there is a shortage or likely shortage and that a declaration is necessary to achieve outcomes listed in s 11(1)(b) (efficient, reliable and sustainable supplies; protect consumer interests; protect safety and security of distribution chain; protect public safety; comply with international agreements; assist other jurisdictions), may declare a restriction in force for up to three months (s 11). Declarations are notifiable instruments (s 11(5)). Declarations may apply to specified classes, fuels, times or other circumstances (s 11(2)).

Notification and signage: The Act requires active dissemination of a declaration: broadcast, public notice and direct written notice to registered fuel sellers offering affected fuel (s 12). Registered fuel sellers who receive notice must display an A4 fuel restriction notice at sale points visible to buyers before purchase (s 13(2), (4)). The Act prescribes the content of the notice (s 13(4)).

Inspector enforcement powers: Part 3 defines inspectors by reference to the Dangerous Substances Act (s 17). Inspectors have a suite of powers: require written information within 14 days about types and quantities of fuel held or sold (s 19); issue directions to occupiers to take actions to ensure compliance (s 20); where directions will not suffice, arrange stopping of fuel supply to premises (s 22); entry powers (s 25); seizure powers (s 29); require name/address and evidence directions (s 30); apply for and execute search warrants with obligations and limits (ss 32-36); and manage return, forfeiture and compensation processes (ss 37-42).

Offences, standard of proof and timing: The Act makes contraventions and failures to comply offences with maximum penalties, commonly 50 penalty units for substantial contraventions and 5 penalty units for failure to give name/address (see ss 10(5), 13(2), 18, 19(4), 21(1), 31(1)). Several offences are strict liability, meaning mens rea need not be proved (see e.g. s 18(3)). The Act applies Criminal Code ch 2’s general principles and notes evidential burdens in particular contexts (e.g. s 21(3) and s 31(3) mention the defendant’s evidential burden under Criminal Code s 58).

Limits on judicial review and interlocutory relief: The Act restricts proceedings challenging decisions under ss 8, 11 and 14 to those started within 30 days, and bars interlocutory injunctions if the proceeding is started within 30 days (s 15). This is a procedural constraint on contesting scheme approvals, declarations or extensions promptly.

Interplay with other instruments: The Act is structured to work with the Legislation Act (for disallowable and notifiable instruments and definition of terms), the Dangerous Substances Act (for inspectors and identity cards), the Criminal Code (for offence principles), and the Emergencies Act (s 16 excludes application to exercise of certain emergency functions). The Act also permits regulations (s 44).

Taken together, the concepts form an emergency statutory mechanism that couples delegated rule-making (approved schemes) with executive declaration power, registration and information obligations for market participants, and an inspection/seizure enforcement model.

The statute draws a clear set of affected parties and decision-makers. The allocation of duties and powers determines who bears compliance costs, who decides when restrictions obtain, and who exercises on-the-ground enforcement discretion.

Primary affected persons and entities

Fuel sellers: Defined in s 10(1) as persons carrying on a business of selling fuel (wholesale or retail). Fuel sellers must register details with the director-general within 14 days of starting business and update within 14 days of changes; they must notify when ceasing business (s 10(1)-(4)). Failure to comply is a strict liability offence with a maximum 50 penalty units (s 10(5)-(6)). Fuel sellers who are given notice of a fuel restriction must display an A4 fuel restriction notice at sale points where fuel subject to the restriction is offered (s 13(1)-(2), (4)). Additionally, under s 18(1) a fuel seller notified under s 12(1)(c) commits an offence for contravening a fuel restriction.
Buyers and other market participants: The definition of "use" in s 7 includes buy, sell, hold and distribute. Persons who contravene a fuel restriction after notice is broadcast or published (s 12(1)(a)-(b)) commit offences with maximum penalties of 50 penalty units (s 18(2)-(3)). That captures private individuals, businesses, resellers, transport operators and intermediaries.
Occupiers of premises: The Act gives inspectors powers to enter premises, issue directions to occupiers to ensure compliance with restrictions (s 20) and, in certain circumstances, arrange to stop fuel supply to premises (s 22). Occupiers may be individuals or entities; "occupier" is defined broadly in s 17 to include persons believed on reasonable grounds to be occupiers and persons apparently in charge.
Owners of seized things: Persons having proprietary or possessory interests in things seized by inspectors have specific rights: receipts (s 37), inspection and copies (s 39) and return within 90 days if no prosecution or if court does not find the offence proved (s 40). Forfeiture arises only if the court finds an offence proved and orders forfeiture (s 40(2)).
Those subject to information directions: Under s 19, an inspector may require persons subject to a fuel restriction to give, in writing within 14 days, information about types and quantities of fuel held or sold. Failure is a strict liability offence (s 19(4)-(5)).

Decision-makers and enforcers

The Minister: The Minister controls approval of fuel restriction schemes (s 8) and the declaration and extension of fuel restrictions (ss 11, 14). The Minister must consider whether an approved scheme achieves one or more listed outcomes (s 8(2)), and the declaration power is tied to a satisfaction test that refers to shortage/likely shortage and necessity to achieve particular public or consumer-interest outcomes (s 11(1)). The Minister also bears the duty to publicise declarations (s 12).
Director-General: Receives registration notices from fuel sellers (s 10). The Act does not specify additional decision-making powers for the director-general, but the registration function creates a centralised contact and storage point for inspectorial or Ministerial communication.
Inspectors: Defined by reference to the Dangerous Substances Act (s 17), inspectors (who may include police officers) exercise the Act’s enforcement powers (ss 19-43). Inspectors present identity cards (s 24) and may enter premises (s 25), require information (s 19), direct occupiers (s 20), arrange stopping of fuel supply (s 22), seize things (s 29), obtain and execute warrants (ss 32-36), and manage return/forfeiture/compensation processes (ss 37-42).

Excluded or specially treated parties

Emergency services and police: The Act excludes its application to the exercise or purported exercise of functions by specified emergency controllers and police for the purposes of protecting life, property or the environment, or protecting life or property (s 16(1)). The Act therefore does not curtail emergency or police operational decisions in relation to fuel use when those functions are being carried out.

Who pays and who bears compliance costs

Fuel sellers bear direct compliance costs: registration, updating particulars within 14 days, signage display (A4), and potential record-keeping and supply changes. Fuel sellers also face the risk of 50-penalty-unit offences for noncompliance (s 10(5), s 13(2), s 18(1)).
Commercial users and distributors bear direct restrictions on transactions: decreased ability to buy/sell certain fuels, potential loss of stock if seized or supply cut off under s 22, and administrative burden of responding to inspector information requests (s 19).
Territory ultimately bears compensation and potential liability costs for inspector conduct: s 42 provides for compensation claims where loss or expense arises from exercise or purported exercise of functions under Part 3, and s 43 shifts civil liability from inspectors to the Territory in defined circumstances.

Who decides

The Minister has the central policy decision points: approving a scheme and declaring and extending restrictions (ss 8, 11, 14). Inspectors decide on-the-ground enforcement actions, subject to warrant rules, reasonable grounds tests, and statutory procedural safeguards.

This allocation means private enterprise,fuel sellers, intermediaries and consumers,are the principal obliged parties, while the Minister and inspectors carry the authority to set and enforce restrictions.

The Act imposes duties on fuel sellers, occupiers and other persons, and establishes rights and procedural protections for those affected by entry, seizure and enforcement.

Key statutory duties

Registration and update duty on fuel sellers (s 10). A fuel seller must notify the director-general in writing within 14 days of starting business, including name, email, each business address and telephone, kinds of fuel stored at each place and quantities. Updates within 14 days are required for any change; on ceasing business a written notice must be given within 14 days stating the cessation date. Noncompliance is a strict liability offence, max 50 penalty units (s 10(5)-(6)).
Signage duty on notified fuel sellers (s 13). A fuel seller given notice of a fuel restriction must display a fuel restriction notice at the business and in a place reasonably visible to buyers before purchase. The notice must be at least A4, state that a restriction is in force, that penalties may apply, and point to further information on an ACT government website (s 13(2), (4)). Noncompliance is a strict liability offence with max 50 penalty units (s 13(2)-(3)).
Compliance with inspector information and direction requirements. Persons subject to a fuel restriction must comply with a written requirement to give information in writing to the inspector (s 19(2)-(3)), and persons must comply with directions to take action to ensure fuel is used in accordance with the restriction (s 20(2)). Failure to comply with information requirements is a strict liability offence with max 50 penalty units (s 19(4)-(5)). Failure to comply with an inspector’s direction is also a strict liability offence with max 50 penalty units (s 21(1)-(2)), though s 21(3) creates an exception if the person took all reasonable steps to comply.
Obligations on occupiers upon entry and during searches: on entry an occupier must give reasonable help to inspectors exercising powers (s 28(1)(e)); a person must take all reasonable steps to comply (s 28(2)) or face a max 50 penalty units. Persons must not interfere with seized things to which access is restricted unless they have inspector approval (s 29(6)).
Name and address directions (s 30): persons the inspector reasonably believes have committed or may assist must give full name and home address immediately; evidence of correctness may be required. Failure to comply is a strict liability offence with max 5 penalty units (s 31(1)-(2)). Inspectors must show identity cards and warn before giving the direction (s 31(3)).

Key rights, procedural protections and remedies

Identity card requirement (s 24). Inspectors must show identity cards before exercising powers affecting individuals or persons not individuals (s 24(1)-(2)). If an inspector does not produce the identity card when asked, the inspector and accompanying persons (other than police) may not remain on premises (s 26).
Consent-based entry protections (s 27). If entry is by consent the inspector must produce identity card, state purpose and identify accompanying persons, explain evidential use and the right to refuse consent. If consent is given, the inspector must ask the occupier to sign an acknowledgement; a signed acknowledgment must be given to the occupier immediately, and its absence may lead a court to find non-consent in proceedings (s 27(1)-(4)).
Warrant-based procedural protections (ss 32-36). Application, issuance and execution of warrants require sworn applications stating grounds (s 32(1)-(2)). Magistrates have power to require further information before considering an application (s 32(3)). Warrants must state the things that may be seized, hours when premises may be entered, the offence, and expiry within 14 days (s 32(5)). There are rules for remote applications in urgent or special circumstances (s 33), requirements for announcement before forced entry except where immediate entry is necessary for safety or to prevent frustration (s 34), provision of a copy of the warrant and a document setting out rights and obligations (s 35), and a right for the occupier to be present unless that would impede the search (s 36).
Receipts and access to seized things (ss 37-39). Inspectors must give a receipt for seized things as soon as practicable (s 37). People entitled to inspect seized things may do so and photograph or copy documents (s 39). Seized things must be returned or reasonable compensation paid if no prosecution within 90 days or court does not find the offence proved (s 40(1)). Forfeiture only follows a court finding and order (s 40(2)). If seizure causes damage, the inspector must give notice (s 41(2)).
Compensation and non-liability for inspectors (ss 42-43). A person may claim compensation from the Territory for loss or expense due to exercise (or purported exercise) of enforcement powers (s 42(1)). Courts may order reasonable compensation when just in the particular case (s 42(3)); regulations may prescribe matters the court must or may take into account (s 42(4)). Inspectors and assisting persons are not civilly liable for conduct engaged in honestly and without recklessness in exercising functions; liability instead attaches to the Territory (s 43).

Other statutory constraints

Time-limited judicial challenges (s 15). Proceedings challenging approval of an approved scheme, declaration of fuel restriction, or extension must be started within 30 days or are barred; if started within 30 days, interlocutory injunctions are not available. This is a substantive procedural constraint on remedies.
Exclusion for emergency services and police (s 16). The Act does not apply to the exercise or purported exercise of certain emergency or police functions; that is, emergency operational decisions are outside the Act’s regulatory reach when those functions are being performed.

Together, these provisions create a compliance regime that mixes administrative duties (registration, signage, information), criminal penalties (strict liability for many breaches), inspectorial discretion, and procedural protections to manage enforcement actions.

The Act combines criminal sanctions with administrative enforcement mechanisms and inspection/search/seizure powers. The enforcement architecture allocates immediate on-the-ground coercive tools to inspectors and leaves contestation of high-level decisions to statutory review subject to tight timing limits.

Penalties: scale and legal character

Penalty units: The republication header states that at the republication date the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see front matter). The Act itself expresses fines in penalty units; the monetary equivalence derives from the Legislation Act, s 133 at the relevant time.
Major offences: Common maximum penalties are 50 penalty units. Examples include:
- Failure by a fuel seller to give required notice to the director-general (s 10(5), strict liability).
- Failure to display required fuel restriction signage (s 13(2)-(3), strict liability).
- Contravention of a fuel restriction by a notified fuel seller or other person after public notice (s 18(1)-(2), strict liability).
- Failure to comply with an inspector’s written requirement for information (s 19(4)-(5), strict liability).
- Failure to comply with an inspector’s direction under s 20 (s 21(1)-(2), strict liability, excluding reasonable steps defence in s 21(3)).
- Interfering with seized things to which access has been restricted without inspector approval (s 29(6)-(7), strict liability).
Lesser offence: Failure to comply with a name and address or evidence direction carries a maximum penalty of 5 penalty units and is strict liability (s 31(1)-(2)).

Strict liability and evidential burdens

Several offences are expressly strict liability (e.g. ss 10(6), 13(3), 18(3), 19(5), 21(2), 31(2)). The absence of a need to prove mens rea reduces prosecution burden; defendants may rely on statutory defences where expressly available. The Act’s notes indicate application of the Criminal Code ch 2 general principles, and specific provisions (e.g. s 21(3) and s 31(3)) reference the defendant’s evidential burden under Criminal Code s 58.

Inspector enforcement powers and limits

Information powers: Inspectors may require written information within 14 days as to types and quantities of fuel held and quantities sold in a period (s 19(2)). Failure is an offence.
Direction powers: Inspectors may give written directions to occupiers believed on reasonable grounds to be using fuel in contravention of a fuel restriction or where further contravention is likely (s 20). Directions must specify a reasonable compliance period and penalty for failure (s 20(4)). Failure to comply is an offence (s 21).
Stopping supply: Inspectors may arrange to stop supply of fuel to premises where a person is contravening a direction (s 22(1)), or where fuel is being used in contravention and a direction is unlikely to end the contravention for specified reasons (e.g. premises unoccupied; occupier cannot be found; occupier unlikely to comply) and the contravention would likely continue unless supply is stopped (s 22(2)). Inspectors must give written notice to the occupier that supply will be stopped (s 22(3)). The statutory text contemplates operational cutting off of supply as an enforcement remedy.
Entry and search powers: Inspectors may enter public premises at reasonable times, enter with consent at any time, enter in urgent public-safety circumstances without a warrant, or enter under warrant (s 25(1)). Entry to residential-only parts is limited (s 25(2)). Consent-based entry requires identity card production and specific information disclosures and signed acknowledgements (s 27). Warrant applications must be sworn and satisfy the magistrate there are reasonable grounds that a particular thing or activity connected to an offence exists at the premises and is present or will be within 14 days (s 32(1)-(4)). Search warrants must include specified content and are time-limited to 14 days (s 32(5)). Entry under a warrant permits necessary assistance and force (s 25(5)).
Seizure powers: Inspectors may seize things with consent where seizure is consistent with the purpose told to the occupier (s 29(1)); under warrant according to the warrant terms (s 29(2)); or where satisfied on reasonable grounds a thing is connected with an offence and seizure is necessary to prevent concealment, loss, destruction or continued use (s 29(3)). Seized things may be removed or subject to restricted access with conspicuous notice (s 29(4)-(5)). Interference with seized things where access is restricted is an offence (s 29(6)).

Procedural safeguards and remedies

Receipts and access: Inspectors must give receipts for seized items as soon as practicable and must allow inspection, photographs and copying for those entitled (ss 37, 39).
Return and forfeiture: If prosecution is not instituted within 90 days or court does not find the offence proved, the Territory must return things seized or pay reasonable compensation (s 40(1)). Forfeiture requires a court finding and order (s 40(2)).
Compensation and liability: Persons suffering loss or expense may claim compensation from the Territory for loss caused by exercise or purported exercise of functions under Part 3; courts may order reasonable compensation if just (s 42). Inspectors acting honestly and without recklessness are not civilly liable; liability attaches to the Territory (s 43).

Constraints on judicial relief

Time limits on challenges: Proceedings to challenge approval of an approved scheme (s 8), a declaration (s 11), or an extension (s 14) must be started within 30 days of the decision, and if started within 30 days the proceeding is not subject to interlocutory injunction (s 15). That restricts the timeframe for judicial review and prevents interim stays where a timely challenge is brought.

Practical enforcement profile

The Act gives significant immediate enforcement instruments to inspectors: information demands, directions, cutting supply, entry, seizure and warrants. These are coupled with criminal penalties (often strict liability) to deter noncompliance. Procedural protections exist (identity cards, consents, warrants, receipts, return and compensation), but the Act’s strict liability offences, power to stop supply, ability for urgent commencement of declarations (s 11(7)(b)) and tight judicial-challenge timetables (s 15) mean that affected parties must be operationally ready to comply or to litigate promptly.

The Act is woven into the existing statutory framework; it cross-references and relies upon provisions in the Legislation Act, the Criminal Code, the Dangerous Substances Act 2004, and the Emergencies Act 2004, and it contemplates subordinate instruments under the Legislation Act regime.

Legislation Act linkages

Disallowable and notifiable instruments: The approved fuel restriction scheme is a disallowable instrument (s 8(3)); declarations and extensions are notifiable instruments (s 11(5), s 14(5)). This means the making, notification and presentation rules under the Legislation Act (including tabling and disallowance procedures) apply. The Act’s notes explicitly reference the Legislation Act for instrument processes (s 8 note 1-3; s 11 note 1-3).
Definitions and penalty units: The Legislation Act’s dictionary provides numerous definitions (e.g. ACT, director-general, Minister, State) relied upon by the Fuels Rationing Act (Dictionary note 2). The value of a penalty unit is determined by the Legislation Act per its s 133, which is noted in the republication header.

Criminal Code

Offences under the Fuels Rationing Act are governed by the Criminal Code, ch 2 (s 5). The Criminal Code supplies general principles of criminal responsibility, defences, mens rea concepts and provisions on burdens of proof. The Act’s own strict liability provisions operate alongside the Criminal Code; where the Act creates strict liability offences, the Code’s framework including evidential burdens will apply (s 21(3) and s 31(3) expressly reference the defendant’s evidential burden under Criminal Code s 58).

Dangerous Substances Act 2004

Inspectors and identity cards are defined by reference to the Dangerous Substances Act: s 17 defines "inspector" as an inspector under Dangerous Substances Act s 207 and "identity card" as one issued under Dangerous Substances Act s 208. That Act therefore determines who may act as inspectors for the purposes of the Fuels Rationing Act and provides the procedural framework for identity cards and other inspectorial qualifications. Because an inspector under the Dangerous Substances Act may include a police officer (s 17 note), police can exercise the Fuels Rationing Act enforcement powers when acting as inspectors.

Emergencies Act 2004

Section 16 excludes the application of the Fuels Rationing Act to exercise or purported exercise of functions by certain emergency controllers and police for protecting life, property or the environment (s 16(1)(a)-(b)). The Act’s dictionary definitions reference the Emergencies Act definitions (s 16 notes). This exclusion means emergency decision-makers operating under the Emergencies Act are not constrained by the Fuels Rationing Act when performing protected functions.

Regulation-making power and subordinate instruments

The Executive may make regulations under s 44 to prescribe matters under the Act. The Act also contemplates that "fuel" can include anything prescribed by regulation (s 6(1)(f)). Therefore regulations could expand or refine the Act’s technical scope. The approved scheme itself, being a disallowable instrument, may contain detailed staged restrictions and exemptions, and will be subject to parliamentary scrutiny under the Legislation Act.

Interaction with search and seizure law

The Act’s inspection and warrant regime mirrors and interacts with general search and seizure principles in Territory law. Warrants require magistrate-issued authorisation and are time-limited to 14 days (s 32). The Act provides procedural protections (announcement before entry, rights to be present) and remedies for seized property (receipt, return within 90 days if no prosecution, forfeiture only by court order) (ss 34-40). Courts will assess the legality of searches and seizures under both the Fuels Rationing Act procedural rules and wider judicial review principles.

Administrative law and judicial review

The Act’s s 15 restriction on proceedings challenging approvals, declarations and extensions to 30 days, and its prohibition on interlocutory injunctions if an action is brought in time, will interact with general administrative law principles, including merits and judicial review. The Act’s procedural bar does not abolish judicial review entirely, but it compresses the timeframe for legally testing executive decisions and limits interim relief.

Compensation and Crown liability

The Act shifts civil liability for inspector conduct to the Territory in defined circumstances (s 43), and provides a statutory route for compensation claims against the Territory for loss arising from enforcement actions (s 42). That interacts with ordinary Crown liability principles and with any administrative compensation schemes or litigation frameworks in the Territory courts.

Taken together, the Fuels Rationing Act is designed to operate within the Territory’s legislative architecture by leveraging existing inspector definitions and criminal-law rules, embedding the scheme and declarations into the Legislation Act instrument regime, preserving emergency powers under the Emergencies Act, and providing statutory remedies and limits in the enforcement domain.

The republication includes a concise legislative history and amendment record. Key steps and changes are set out in the endnotes and amendment history.

Original enactment and commencements

The Fuels Rationing Act 2019 (A2019-11) was notified on 11 April 2019. Sections 1 and 2 commenced on 11 April 2019, with the remainder commencing on 11 October 2019 (see legislation history in endnote 3).

Subsequent amendments

Justice Legislation Amendment Act 2020 (A2020-42): Notified LR 27 August 2020. Sections 1 and 2 of A2020-42 commenced on 27 August 2020, and part 17 commenced on 28 August 2020. The amendment history notes that s 6 (Meaning of fuel) was amended by A2020-42 (see amendment history, "Meaning of fuel s 6 am A2020-42 s 90, s 91; pars renum R2 LA"). The amendment broadened or clarified the definitions in s 6; the republication shows the updated s 6 language.
Emergencies Amendment Act 2020 (A2020-47): Notified LR 3 September 2020, with parts commencing 3 and 4 September 2020. The amendment history records that s 16 (Application of Act to emergency services and police) was amended by A2020-47 (see "Application of Act to emergency services and police s 16 am A2020-47 amdt 1.4, amdt 1.5"). The current s 16 reflects the exclusion for emergency controllers and police performing specified functions.

Transitional provisions and expiries

The Act included transitional provisions in part 10 and other transitional sections (s 100-s 103 and related provisions). The amendment history notes that various transitional provisions, including s 10(3), (4), and part 10, expired on 11 October 2020 and 11 October 2021 respectively (see "Fuel seller must give notice s 10 (3), (4) exp 11 October 2020 (s 10 (4))" and the list under "Transitional" and "Expiry,pt 10"). The republication indicates some prior temporal provisions have expired and been removed.

Republications

The endnotes include republication numbers and dates: R1 (11 Oct 2019), R2 (28 Aug 2020), R3 (4 Sept 2020), R4 (12 Oct 2020). The current document is Republication No 5 effective 12 October 2021.

What the amendments changed in practice

Definition adjustments in s 6: The 2020 amendments updated or clarified the scope of "fuel" to ensure various conventional and alternative fuels are captured (the republication shows comprehensive definitions and examples in s 6 and s 6(2)-(3)).
Emergency services carve-out in s 16: The Emergencies Amendment Act 2020 adjusted s 16 to expressly exclude application of this Act to functions carried out by relevant persons under the Emergencies Act and police officers for specific protective purposes (s 16(1)-(2)). This amendment aligns the Act with emergency decision-making frameworks.
Expiry of transitional provisions: The amendment history documents the scheduled expiry of temporary transitional regimes and validation provisions; these expiries remove temporary facilitative rules and leave the core Act in force.

Documentary record

The endnotes and amendment history provide precise dates, act identifiers (A2020-42, A2020-47), and notes on commencement. Users should consult the Legislation Register for point-in-time versions if analysing historical drafts or transitional arrangements.

For compliance or litigation planning, the amendment history makes clear that the core powers (Ministerial approval/declaration, inspector powers, registration duties, offence provisions) remain operative following the 2020 amendments, but that definitions and emergency-service interactions have been specifically adjusted.

The Act’s text and endnotes contain no judicial decisions or named cases arising under it. The Act itself contains procedural constraints that affect litigation strategy and likely litigation timing.

Statutory constraints relevant to litigation

Time limit to challenge ministerial decisions: Section 15 limits proceedings challenging approval of an approved scheme (s 8), declarations (s 11) and extensions (s 14) to those started within 30 days after the decision is made, and disallows interlocutory injunctions for proceedings started within that 30-day window (s 15(1)-(2)). This compresses the window for seeking judicial review of high-level executive acts under the Act.
Criminal Code application and evidential burdens: Offences are subject to Criminal Code, ch 2 (s 5). The Criminal Code will shape burdens of proof, available defences and the effect of statutory strict liability labels. Specific provisions in the Act note evidential burdens (s 21(3), s 31(3)), reminding practitioners that in some contexts the defendant bears an evidential burden to show reasonable steps or procedural compliance.

Implications of absence of reported cases in the text

The absence of named litigation in the Act’s text is neutral evidence: it means the Act’s provisions have not been recorded here as having given rise to statutory judicial interpretation, or that any decisions remain unreferenced in the republication. It does not preclude subsequent or external cases. Practitioners should search case law databases for any Territory decisions on use, enforcement, warrants, seizure, compensation or interpretation of definitions post-enactment.

Areas likely to produce litigation or judicial clarification

Validity and scope of declarations and scheme terms: Given the Minister’s discretionary approval and declaration functions (ss 8, 11), litigation may arise over whether a declaration met the statutory satisfaction test (shortage or likely shortage and necessity to achieve specified outcomes), over the scope of a declaration (classes of persons, types of fuel), or over urgency-based commencement before notification (s 11(7)(b)).
Procedural compliance in search and seizure: Warrants, consent-based entries and seizure practices create classic grounds for contested prosecutions and evidence challenges , e.g. whether an inspector complied with identity card requirements (s 24-26), whether consent was validly obtained and evidenced (s 27), whether announcements were made before forced entry (s 34), or whether seized property was properly the subject of seizure (s 29, s 32).
Strict liability offences and defence of reasonable steps: Sections that create strict liability offences combine with specific statutory exceptions (s 21(3) on reasonable steps) and with Criminal Code evidential burden provisions. Courts may be asked to determine the scope of "reasonable steps" and the allocation of evidential and persuasive burdens.
Compensation claims: When things are seized or business interrupted, s 42 gives a statutory route to compensation; disputes may involve quantifying "reasonable compensation" and whether the court should exercise discretion in the circumstances.
Interaction with the Emergencies Act: Where emergency controllers or police purport to act under both the Emergencies Act and the Fuels Rationing Act, courts could be asked to determine when s 16 exclusion applies and whether particular operational acts are covered.

Practical litigation advice embedded in the Act

Rapid response required: Section 15’s 30-day limit and bar on interlocutory injunctions for timely challenges mean any planned challenge to approvals, declarations or extensions should be commenced promptly. Practitioners should treat such notices as triggering immediate litigation windows.
Evidential preparation: Because inspectors may require written information within 14 days (s 19) and may issue directions with specified reasonable periods (s 20), entities should preserve and compile contemporaneous records to meet potential evidential demands and demonstrate reasonable steps taken to comply in the event of prosecution.

Given the absence of case law in this document, lawyers must consult contemporary court databases and jurisdictional practice to identify any reported decisions and the ways courts have interpreted the Act’s terms and procedural constraints.

The Act contains several features that produce operational, compliance and litigation pitfalls. These are mechanisms and their concrete consequences, not normative judgments.

Strict liability offences

Multiple offences are strict liability (for example ss 10(6), 13(3), 18(3), 19(5), 21(2), 31(2)). Defendants will not have to be shown to have had guilty intent; the prosecution must show commission of the physical elements. Practical consequence: businesses and individuals face potential penalties even where non-compliance results from ignorance or error. The defendant’s ability to rely on statutory exceptions (e.g., reasonable steps, s 21(3)) or general defences will vary and in some cases the evidential burden falls on the defendant (Criminal Code s 58 reference in s 21(3) and s 31(3)).

Short timeframes and strict notification/update obligations

Fuel sellers must register within 14 days of starting business and update particulars within 14 days of any change (s 10(1)-(3)). Stopping business also requires notice within 14 days (s 10(4)). Failure is a strict liability offence with a 50-penalty-unit maximum (s 10(5)-(6)). Practical risk: quick administrative deadlines can catch new entrants or operators with multiple sites. Businesses must incorporate these timelines into onboarding and change-management procedures.

Signage technicalities

Fuel restriction notice must be at least A4 and include specific content (s 13(4)). Noncompliance is a strict liability offence (s 13(2)-(3)). Practical issue: failing to display the notice exactly where "reasonably visible" before purchase is available could attract a significant penalty even if substantive compliance with the restriction is otherwise maintained.

Inspector powers to stop supply

Inspectors may arrange to stop fuel supply to premises (s 22) in circumstances where directions are unlikely to stop contraventions (unoccupied premises, occupier cannot be found, occupier unlikely to comply). This is an operationally intrusive remedy: the inspector can effect supply disconnection to premises, potentially disrupting legitimate business and third parties. It requires written notice to the occupier (s 22(3)), but enforcement can proceed where occupiers are absent or uncontactable. Practical consequence: businesses that rely on continuous supply (transport operators, critical service providers) should maintain communication channels and compliance protocols to avoid sudden supply cut-offs.

Warrant and entry rules, including urgent power without warrant

Inspectors may enter premises without a warrant in urgent public-safety circumstances where there is a serious and urgent risk (s 25(1)(c)), and may execute warrants with necessary assistance and force (s 25(5)). For residential-only premises the urgent-entry power does not authorise entry unless the premises are also a business subject to restriction (s 25(2)(b)). Practical risk: inspectors have broad de facto powers in urgent situations; operators should educate staff on identity-card checks and consent procedures to manage unexpected visits.

Limited judicial relief and compressed challenge period

Section 15 restricts challenges to specified decisions to proceedings started within 30 days and disallows interlocutory injunctions where challenges are timely. This prevents parties from obtaining interim stays pending review, so the decision will remain in force while litigation proceeds on the merits, unless other extraordinary relief is available. Practitioners should budget for fast litigation timetables.

Information demands and record-keeping

Inspectors can require written information within 14 days about types of fuel held and quantities sold in a stated period (s 19(2)). Failure is a strict liability offence (s 19(4)-(5)). Practical effect: businesses must have records that can be produced within tight deadlines; failure to respond promptly or to maintain accurate records can result in criminal exposure.

Compensation timing and evidential proof for seized things

Seized things must be returned if prosecution is not instituted within 90 days (s 40(1)). That time limit places pressure on prosecutors and on owners to pursue return or compensation claims. If property cannot be examined within 72 hours it may be moved for processing for up to 72 hours and then require magistrate extension (s 38). Practical consequence: owners of seized fuel or equipment must be proactive in monitoring prosecutorial action and lodging compensation claims within the statutory framework.

Exemption mechanisms in approved schemes

Approved schemes may allow ministerial exemptions where compliance would cause "serious detriment" (s 9(2)). While this provides flexibility, it also creates potential for discretionary decisions that can be politically or commercially sensitive and that may lead to legal contest if criteria or procedural transparency are unclear.

Scope of "fuel": broad and inclusive

The statutory definition of fuel in s 6 is wide, including petroleum, petroleum products, petrochemicals, hydrogen and "anything else prescribed by regulation". Practitioners should not assume only conventional gasoline and diesel are covered; the Act’s examples explicitly include biodiesel, ethanol and gaseous fuels. Regulatory prescriptions could expand the scope further.

Identity card and consent formalities

If an inspector does not produce an identity card when asked, the inspector and accompanying persons (other than police) may not remain at premises (s 26). If consent is given, lack of signed acknowledgement may lead a court to find there was no consent (s 27(4)). Practical oversight: ensure staff know to request identity cards and insist on signed acknowledgements to preserve legal positions.

Potential for operational spill-over effects

Stopping supply to one premises could cause knock-on impacts on downstream customers or service providers. The Act provides limited protection for third parties; compensation is possible under s 42 but requires litigation or court order. Businesses that indirectly depend on fuel availability should consider contingency planning.

In short, the main "gotchas" arise from strict liability offences, tight statutory deadlines for notices and responses, powerful and immediate inspectorial remedies including supply cut-offs, compressed courts timetables for challenging ministerial decisions, and the wide definition of "fuel."

This section sets out concrete, documentable steps for different actors (fuel sellers, occupiers, commercial users, legal and compliance teams, and inspectors) to reduce legal risk under the Act. Each step references the relevant statutory provision.

For fuel sellers (wholesale and retail)

Registration and updates (s 10):
- Within 14 days of starting to carry on a business of selling fuel, give the director-general a written notice containing your name and email address; address and telephone number of each place of business; kinds of fuel stored at each place; and the storage quantity for each kind.
- Maintain an internal trigger and responsibility for updating the director-general within 14 days of any change to those particulars.
- On ceasing the business, give written notice within 14 days stating that the business has stopped and the date it ceased.
Record-keeping for inspector demands (s 19):
- Maintain contemporaneous, auditable inventory and sales records able to show types and quantities of fuel held and sold over stated periods. Organise records so they can be converted to written form and supplied within 14 days, per s 19(2).
- Establish a central contact point (email and telephone) for receiving inspector communications and declarations, and ensure the director-general’s register particulars are monitored.
Signage and consumer communication (s 12, s 13):
- Monitor ACT government communications and broadcasts so that, when a declaration is made and you receive written notice under s 12(1)(c), you can promptly display an A4 fuel restriction notice at sale points visible before purchase. Ensure the notice states the items required by s 13(4).
- Keep template notices ready for immediate printing and forecourt placement.
Compliance policies for directions (s 20-21):
- Develop procedures to respond to inspector directions, including assigning a responsible person to review directions, implement remedial actions within the specified "reasonable period", and document all steps taken to demonstrate "reasonable steps" if needed under s 21(3).

For occupiers and commercial users

Understand the scope of "use" (s 7) and prepare operational plans:
- Because "use" includes buy, sell, hold and distribute, map supply chains and exposure points where restrictions could bite. Identify critical operations that will need exemptions and prepare evidence showing "serious detriment" thresholds contemplated in s 9(2) in case of exemption applications.
Prepare for inspector visits (s 24-29):
- Train staff to request and check inspector identity cards (s 24). Keep records of any consent-based entry (signed acknowledgement as required in s 27(2)), and where consent is withheld document the refusal.
- Have a plan for preserving evidentiary chains for seized items: know where receipts for seized things are likely stored, and keep contact details for inspectors named in receipts (s 37).
Contingency planning for supply interruptions (s 22):
- For operations that require continuous fuel supply (public bus services, medical transport, waste disposal, critical infrastructure), establish redundancy plans, maintain clear communication lines with fuel suppliers, and prepare documentation showing the potential for "serious detriment" to support rapid exemption requests or to mitigate the operational impacts of a supply stoppage.

For legal/compliance teams and boards

Immediate litigation considerations (s 15):
- If challenging an approved scheme, a declaration or an extension, commence proceedings within 30 days or risk being time-barred. Recognise that interlocutory injunctions are unavailable where proceedings are filed within that period; prepare for expedited merits litigation.
Evidence and record management:
- Maintain audit-ready records for inventory, sales, invoices, delivery manifests and communications for at least 90 days and beyond, to facilitate compliance with information requests (s 19) and to evidence arguments for return of seized things (s 40).
Insurance and compensation planning:
- Review insurance policies for business interruption and property seizure risks. Because compensation under s 42 requires a court to be satisfied it's just to order payment, plan for potential litigation funding and gather documentation demonstrating loss and expense attributable to enforcement action.
Exemption strategy:
- Where business activities may meet the "serious detriment" examples in s 9(2), prepare standardised exemption applications, evidence of public-health or public-transport impact, and business continuity plans to present to the Minister or director-general.

For inspectors and Territory agencies

Procedural compliance (ss 24-27, 32-36):
- Ensure inspectors consistently produce identity cards and obtain signed acknowledgements where consent entry is used (s 27). For warrant applications, ensure sworn applications state grounds, supply all required information demanded by the magistrate, attach applications to warrants, and comply with the announcement and copy-giving obligations when executing warrants (ss 32-36).
Minimising damage and documenting actions (ss 41-43):
- Take steps to minimise inconvenience, detriment and damage while exercising powers (s 41(1)). If damage occurs, comply with notice requirements (s 41(2)-(3)). Record decisions to stop supply under s 22 and provide written notices as required. Retain receipts for seized items and be prepared to produce them.
Timely prosecution decisions (s 40):
- To avoid unintended return/compensation obligations, coordinate with prosecuting authorities to ensure prosecutions are instituted when appropriate within the 90-day period or that owners are informed and receipts provided.
Training for use of stopping-supply remedies:
- Because s 22 allows stopping supply where occupiers are absent or uncontactable, train inspectors on appropriate thresholds and on the required written-notice processes to ensure lawful exercise and to minimise claims for compensation.

Practical checklist items applicable to multiple actors

Establish a statutory calendar and responsibility matrix for 14-day and 90-day deadlines in the Act.
Keep copies of the current approved fuel restriction scheme and any active declarations; ensure staff can access them immediately.
Maintain contact lists keyed to director-general registration details to ensure you receive s 12 notices.
Pre-draft template responses to inspector information notices and directions to speed compliance within statutory timeframes.
Where possible, document contemporaneously any reasonable steps taken to comply with directions to protect against s 21 prosecutions.

Complying with the Fuels Rationing Act requires bridging operational processes (inventory, signage, supplier communications), legal readiness (records, litigation timelines), and engagement with government (director-general registration, exemption applications). The statutory design prioritises quick communications, inspector responsiveness and prompt compliance documentation; parties should plan accordingly.

Fuels Rationing Act 2019

Plain English Summary

Deep Dive

What it does

Current sections

Fuels Rationing Act 2019

Source text: opening excerpt

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply