13Minister may direct relevant fuel industry corporations to develop bulk allocation procedures

#### 13 Minister may direct relevant fuel industry corporations to develop bulk allocation procedures (1) The Minister may direct each relevant fuel industry corporation that: (a) is included in a class of relevant fuel industry corporations in relation to which guidelines under subsection (3) are in force; and (b) supplies a refined liquid petroleum product of a kind specified in those guidelines; to give to the Minister, in a specified form and by a specified day, particulars of procedures the corporation has developed to enable it to allocate bulk supplies of that product in accordance with those guidelines. (2) A direction given under subsection (1) is a legislative instrument. > Note 1: Section 42 (disallowance) of the Legislation Act 2003 does not apply to the direction: see regulations made for the purposes of paragraph 44(2)(b) of that Act. > Note 2: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the direction: see regulations made for the purposes of paragraph 54(2)(b) of that Act. Guidelines (3) The Minister must, by legislative instrument, make guidelines relating to a specified class of relevant fuel industry corporations allocating bulk supplies of a specified kind of refined liquid petroleum product to: (a) persons who in the event of a period of national liquid fuel emergency; or (b) organisations that in the event of a period of national liquid fuel emergency; would be likely to be, during the whole or a part of that period, bulk customers of that class of relevant fuel industry corporations in relation to that product. Retrospective application of instruments (4) Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to the following instruments: (a) a direction given under subsection (1); (b) guidelines made under subsection (3). Approval of procedures (5) If: (a) a relevant fuel industry corporation gives particulars of procedures to the Minister under subsection (1); and (b) the Minister is satisfied that the procedures will enable the corporation to allocate bulk supplies of the product in accordance with the guidelines; the Minister must, by writing, approve those procedures. Amendment of procedures (6) If: (a) a relevant fuel industry corporation gives particulars of procedures to the Minister under subsection (1); and (b) the Minister is not satisfied that the procedures will enable the corporation to allocate bulk supplies of the product in accordance with the guidelines; the Minister must, by writing, direct the corporation to: (c) make specified amendments of the procedures; and (d) give to the Minister, in a specified form and by a specified day, particulars of the procedures as so amended. (7) If a relevant fuel industry corporation gives particulars of the procedures as so amended to the Minister under subsection (6), the Minister must, by writing, approve the procedures as so amended. Certain instruments are not legislative instruments (8) The following are not legislative instruments: (a) an approval under subsection (5) or (7); (b) a direction under subsection (6). Civil penalty (9) A relevant fuel industry corporation must not, without reasonable excuse, contravene a direction in force under subsection (1) or (6). > Note: Under section 34, the Court may order a relevant fuel industry corporation that contravenes such a direction to pay a pecuniary penalty. Notice of decisions (10) The Minister must give notice of an approval under subsection (5) or (7) to the relevant fuel industry corporation. (11) The Minister must give notice of a direction under subsection (6) to the relevant fuel industry corporation. The direction comes into force when the notice is given.