11Essential users of refined liquid petroleum products

#### 11 Essential users of refined liquid petroleum products (1) The Minister may, by writing, identify a person or organisation as an essential user of a particular refined liquid petroleum product in a particular State or Territory if, and only if, the activities carried on by that person or organisation in that State or Territory are or include: (a) activities related to the defence of Australia; or (b) activities related to the provision of that product as fuel for ships and aircraft engaged in trade or commerce: (i) between Australia and places outside Australia; or (ii) among the States; or (iii) between a State and a Territory or between Territories; or (c) activities related to the export of that product from Australia; or (d) activities determined under subsection (3). Instrument not a legislative instrument (2) An instrument under subsection (1) is not a legislative instrument. Determination of activities (3) The Minister may, by legislative instrument, determine activities for the purposes of paragraph (1)(d). The Minister must not determine an activity unless the Minister is satisfied that it is essential to the health, safety or welfare of the community. Guidelines (4) An instrument under subsection (1) must be in accordance with any guidelines made under this section that are in force at the time the instrument is made. (5) The Minister must, by legislative instrument, make guidelines for the purposes of this section. Retrospective application of instruments (6) Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to the following instruments: (a) an instrument under subsection (3); (b) guidelines made under subsection (5). Limits on revocation (7) The Minister must not revoke an instrument under subsection (1) unless he or she is satisfied that the person or organisation has ceased to carry on activities because of which the person or organisation was identified as such an essential user. Status as essential user during period of national liquid fuel emergency (8) Subject to subsection (9), a person or organisation identified as an essential user of a particular refined liquid petroleum product in a particular State or Territory is taken for the purposes of this Act: (a) if the identification is in force immediately before the start of a period of national liquid fuel emergency—to be such an essential user for all of that period; or (b) if the identification occurs during a planning period in relation to a period of national liquid fuel emergency—to be such an essential user during: (i) that part of the planning period that is after the identification; and (ii) each later planning period in relation to that period of national liquid fuel emergency. Effect of revocation during a period of national liquid fuel emergency (9) If: (a) the Minister revokes an instrument identifying a person or an organisation as an essential user of a particular refined liquid petroleum product in a particular State or Territory; and (b) the revocation occurs during a period of national liquid fuel emergency; that person or organisation is taken, for the purposes of this Act, to cease to be such an essential user at the end of the planning period in which the revocation was made. Notice of decisions (10) If the Minister makes a decision: (a) identifying, or refusing to identify, a person or organisation as an essential user of a particular refined liquid petroleum product in a State or Territory; or (b) revoking the identification of a person or organisation as such an essential user; the Minister must, as soon as practicable after making the decision, give notice of the decision to that person or organisation and to the Energy Minister for that State or Territory.