Guidelines under sub-section 21 (1) of the Liquid Fuel Emergency Act 1984
I, PETER ALEXANDER WALSH, the Minister of State for Resources and Energy, hereby specify the following Guidelines under sub-section 21 (1) of the Liquid Fuel Emergency Act 1984.
Dated 24 May 1984.
PETER WALSH
Minister of State for Resources and Energy
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In these Guidelines, unless the contrary intention appears—
“prescribed product” means a refined liquid petroleum product of one of the following kinds:
(a) aviation gasoline;
(b) motor spirit;
(c) aviation turbine fuel;
(d) lighting kerosine;
(e) heating oil;
(f) power kerosine;
(g) automotive distillate;
(h) industrial diesel fuel;
(j) liquid petroleum gas;
(k) fuel oil;
(l) bitumen;
(m) naphtha;
(n) lubricating oil;
(o) lubricating grease;
“the Act” means the Liquid Fuel Emergency Act 1984.
Calculation of quantities of prescribed product to be made available by corporations to bulk customers
The quantity of a prescribed product that, in the event that the Governor-General declares that a national liquid fuel emergency will exist, would be required to be made available by a relevant fuel industry corporation during a planning period in relation to that period of national liquid fuel emergency to each person or organization that is, in relation to the prescribed product, a bulk customer of the corporation shall be a function of—
(a) the quantity of the prescribed product that the person or organization would, in normal circumstances, be likely to purchase from the corporation during the month in which, if the Governor-General declares that the national liquid fuel emergency will exist, the planning period would, in accordance with the relevant determination of the Minister under section 9 of the Act, commence, being—
(i) in the case of a person or organization that has, during a period of not less than 3 months immediately preceding the month in which the period of national emergency commences, regularly purchased the prescribed product from the corporation—that quantity as ascertained in accordance with the principles set out in Schedule 1; or
(ii) in any other case—that quantity as determined by the Minister, having regard to the nature and extent of the activities for the purposes of which the prescribed product will be required by the person or organization;
(b) the percentage that, for the purposes of the allocation of the prescribed product during the planning period, is applicable, in accordance with the principles set out in Schedule 2, in respect of the class of persons and organizations in which the person or organization is included; and
(c) the length of the planning period.
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SCHEDULE 1
PRINCIPLES FOR THE PURPOSES OF PARAGRAPH 2 (a)
In this Schedule, unless the contrary intention appears—
“month” means a month of the year;
“prescribed month” means—
(a) in relation to a period of national liquid fuel emergency—the month, being a month in the year immediately preceding the year in which the period of national liquid fuel emergency commences, that corresponds to the month in which the period of national liquid fuel emergency commences; and
(b) in relation to a planning period in relation to a period of national liquid fuel emergency—the month, being a month in the year immediately preceding the year in which the planning period commences, that corresponds to the month in which the planning period commences;
“year” means a period of 12 months commencing on 1 January.
The quantity of a prescribed product that a person or organization that is, in relation to the prescribed product, a bulk customer of a relevant fuel industry corporation would, in normal circumstances, be likely to purchase from the corporation during any month (in this Schedule referred to as the “relevant month”) that is the month in which a planning period in relation to a period of national liquid fuel emergency commences shall, subject to clause 3, be ascertained by—
(a) determining the average quantity of the prescribed product purchased monthly by the person or organization from the corporation during the period of 3 months immediately preceding the month in which the period of national liquid fuel emergency commences; and
(b) in the case of a person or organization that has purchased the prescribed product from the corporation during a period of not less than 15 months immediately preceding the month in which the period of national liquid fuel emergency commences—adjusting the quantity determined in accordance with paragraph (a) in relation to that person or organization regard being had to the ratio that the first of the following quantities bears to the other:
(i) the quantity of the prescribed product purchased by the person or organization from the corporation during the period of 3 months that comprises—
(a) the prescribed month in relation to the planning period;
(b) the month immediately preceding that month; and
(c) the month immediately succeeding that month;
(ii) the quantity of the prescribed product purchased by the person or organization from the corporation during the period of 3 months immediately preceding the prescribed month in relation to the period of national liquid fuel emergency.
(1) Where it appears, in relation to a person in relation to whom or an organization in relation to which a quantity of a prescribed product has been ascertained under clause 2, that the requirements of the person or organization for the prescribed product during the relevant month would, in normal circumstances, be likely to be affected by factors that, by reason of their nature, have not affected the quantity of the prescribed product purchased by the person or organization from the relevant fuel industry corporation in the period referred to in paragraph 2 (a) or in the period referred to in sub-paragraph 2 (b) (i) or (ii), the quantity of the prescribed product ascertained in accordance with clause 2 in relation to the person or organization shall, subject to sub-clauses (2), (3) and (4) of this clause, be adjusted so as to take into account the effect that those factors would be likely to have on the quantity of the prescribed product that the person or organization would, in normal circumstances, purchase from the corporation during the relevant month.
(2) The quantity of a prescribed product ascertained in accordance with clause 2 in relation to a person or an organization shall not be adjusted under this clause by the quantity being increased or decreased by an amount that exceeds 10 per cent of the quantity unless the adjustment is effected by or with the approval of—
(a) in the case of a person or organization that has been identified by the Energy Minister of a State or Territory as an essential user, or high priority user, of the prescribed product in that State or Territory—that Energy Minister; or
(b) in any other case—the Minister.
SCHEDULE 1—continued
(3) Sub-clauses (1) and (2) do not apply in relation to a person or an organization that is, in relation to a prescribed product, a bulk customer of a relevant fuel industry corporation where, by reason of the number of persons or organizations that are, in relation to the prescribed product, bulk customers of the corporation, it would not be practicable to adjust, in accordance with those sub-clauses, the quantity of the prescribed product ascertained in accordance with clause 2 in relation to the person or organization.
(4) Where quantities of a prescribed product ascertained in accordance with clause 2 in relation to persons or organizations that are, in relation to the prescribed product, bulk customers of a relevant fuel industry corporation are to be adjusted in accordance with this clause, those quantities shall be so adjusted that the aggregate of those quantities as adjusted shall be equal to the aggregate of the first-mentioned quantities.
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SCHEDULE 2
PRINCIPLES FOR THE PURPOSES OF PARAGRAPH 2 (b)
For the purposes of the allocation of a prescribed product during a planning period in relation to a period of national liquid fuel emergency, a percentage shall be applicable in accordance with clause 2 in respect of each of the following classes of persons and organizations:
(a) classes each comprising persons and organizations that are, in relation to the prescribed product, bulk customers of relevant fuel industry corporations and have been identified by the Energy Minister of a particular State or Territory as essential users of the prescribed product in that State or Territory;
(b) classes each comprising persons and organizations that are, in relation to the prescribed product, bulk customers of relevant fuel industry corporations and have been identified by the Minister as essential users of the prescribed product in a particular State or Territory;
(c) classes each comprising persons and organizations that are, in relation to the prescribed product, bulk customers of relevant fuel industry corporations and have been identified by the Energy Minister of a particular State or Territory as high priority users of the prescribed product in that State or Territory;
(d) classes each comprising persons and organizations that are, in relation to the prescribed product, bulk customers of relevant fuel industry corporations and have been identified by the Minister as high priority users of the prescribed product in a particular State or Territory;
(e) a class comprising persons and organizations that are, in relation to the prescribed product, bulk customers of relevant fuel industry corporations and have not been identified as essential users, or high priority users, of the prescribed product in a State or Territory.
The percentage that, for the purposes of the allocation of a prescribed product during a planning period in relation to a period of national liquid fuel emergency, is applicable in respect of a class of persons and organizations referred to in clause 1 shall be such percentage as will ensure that the total quantity of the prescribed product that, in accordance with the relevant direction made by the Minister under section 21 of the Act, will be made available for purchase during the planning period by persons or organizations included in that class of persons and organizations is equal to the quantity that, in relation to the prescribed product, is the prescribed quantity in respect of that class of persons and organizations for the planning period.
For the purposes of clause 2, the quantity that, in relation to a prescribed product, is the prescribed quantity for a planning period in relation to a period of national liquid fuel emergency is:
(a) in respect of a class of persons and organizations that are, in relation to the prescribed product, bulk customers of relevant fuel industry corporations and have been identified by the Energy Minister of a particular State or Territory as essential users of the prescribed product in that State or Territory—such quantity as is determined by the Minister to be the total quantity of the prescribed product that should be made available during the planning period to those persons and organizations in order to ensure that during the planning period the supply to the community, or to a section of a community, of those goods or services by reference to which those persons and organizations have been identified as essential users of the prescribed product is maintained at the highest possible level regard being had to the circumstances prevailing during the planning period;
SCHEDULE 2—continued
(b) in respect of a class of persons and organizations that are, in relation to the prescribed product, bulk customers of relevant fuel industry corporations and have been identified by the Minister as essential users of the prescribed product in a particular State or Territory—such quantity as is determined by the Minister to be the total quantity of the prescribed product that should be made available during the planning period to those persons and organizations in order to ensure that during the planning period the supply to the community, or to a section of a community, of those goods or services by reference to which those persons and organizations have been identified as essential users of the prescribed product is maintained at the highest possible level regard being had to the circumstances prevailing during the planning period;
(c) in respect of a class of persons and organizations that are, in relation to the prescribed product, bulk customers of relevant fuel industry corporations and have been identified by the Energy Minister of a particular State or Territory as high priority users of the prescribed product in that State or Territory—such quantity as is determined by the Minister to be the total quantity of the prescribed product that should be made available during the planning period to those persons and organizations in order to ensure that during the planning period the supply to the community, or to a section of a community, of those goods or services by reference to which those persons and organizations have been identified as high priority users of the prescribed product, although reduced to a level lower than the normal level, is such that the discomfort, inconvenience or financial difficulties caused to members of the community by the reduction in the supply of those goods or services is minimized regard being had to the circumstances prevailing during the planning period;
(d) in respect of a class of persons and organizations that are, in relation to the prescribed product, bulk customers of relevant fuel industry corporations and have been identified by the Minister as high priority users of the prescribed product in a particular State or Territory—such quantity as is determined by the Minister to be the total quantity of the prescribed product that should be made available during the planning period to those persons and organizations in order to ensure that during the planning period the supply to the community, or to a section of a community, of those goods or services by reference to which those persons and organizations have been identified as high priority users of the prescribed product, although reduced to a level lower than the normal level, is such that the discomfort, inconvenience or financial difficulties caused to members of the community by the reduction in the supply of those goods or services is minimized regard being had to the circumstances prevailing during the planning period;
(e) in respect of the class of persons and organizations that are, in relation to the prescribed product, bulk customers of relevant fuel industry corporations and have not been identified as essential users, or high priority users, of the prescribed product in a State or Territory—the residual quantity of the prescribed product after the deduction of the aggregate of the quantities referred to in paragraphs (a), (b), (c) and (d) in relation to the prescribed product from the total quantity of the prescribed product available for distribution during the planning period to all persons and organizations that are, in relation to the prescribed product, bulk customers of relevant fuel industry corporations.
NOTE
1. Notified in the Commonwealth of Australia Gazette on 30 May 1984.
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