21Minister may give directions with respect to allocation by corporations of liquid fuel to bulk customers

#### 21 Minister may give directions with respect to allocation by corporations of liquid fuel to bulk customers (1) During a period of national liquid fuel emergency, the Minister may direct each relevant fuel industry corporation that, in the course of its trading or commercial activities: (a) ordinarily makes a specified kind of refined liquid petroleum product available for purchase in bulk in a State or Territory; and (b) ordinarily makes that product available for such purchase by persons or organisations that are bulk customers of the corporation in relation to that product; to make that product available for purchase in bulk in that State or Territory by those persons or organisations in such quantities as are specified in, or worked out in accordance with, the direction. (2) A direction under subsection (1) must specify that the product is to be made available for purchase in accordance with bulk allocation procedures approved by the Minister under section 13. Limitations on directions (3) A direction under subsection (1) has effect in relation to one or more planning periods, in relation to the period of national liquid fuel emergency, that are specified in the direction. However, the direction has no effect in relation to any part of a planning period that occurs before the day on which the direction takes effect. (4) The Minister must not give a direction under subsection (1) unless it is for the purpose of dealing with a shortage or likely shortage of relevant liquid fuel. Direction is a legislative instrument (5) 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 (6) A direction under subsection (1) must be in accordance with any guidelines made under this section that are in force at the time the direction is given. (7) The Minister must, by legislative instrument, make guidelines for the purposes of this section. Retrospective application of instruments (8) 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 (7). Civil penalty (9) A relevant fuel industry corporation must not, without reasonable excuse: (a) contravene a direction in force under subsection (1); or (b) make the kind of refined liquid petroleum product covered by a direction in force under subsection (1) available for purchase in bulk, during a period covered by the direction, by a person who is not a bulk customer of the corporation in relation to that product. > Note: Under section 34, the Court may order a relevant fuel industry corporation that contravenes such a direction to pay a pecuniary penalty. Reasonable excuses (10) It is a reasonable excuse for the purposes of paragraph (9)(a) if the person or organisation in respect of which the contravention is alleged to have occurred: (a) is not an essential user of the refined liquid petroleum product concerned in the State or Territory concerned at the time of the alleged contravention; and (b) refused or failed to produce to the relevant fuel industry corporation concerned a copy of the notice given to the person or organisation under subsection 10(9) stating the person or organisation to be a bulk customer of the corporation in relation to that product. (11) It is a reasonable excuse for the purposes of paragraph (9)(a) if the person or organisation in respect of which the contravention is alleged to have occurred: (a) is an essential user of the refined liquid petroleum product concerned in the State or Territory concerned at the time of the alleged contravention; and (b) refused or failed to produce to the relevant fuel industry corporation concerned a copy of the following notices: (i) the notice given to the person or organisation under subsection 10(9) stating the person or organisation to be a bulk customer of the corporation in relation to that product; (ii) the notice given to the person or organisation under subsection 11(10) stating the person or organisation to be an essential user of that product in that State or Territory. (12) Subsections (10) and (11) do not limit subsection (9).