Liquid Fuel Emergency (Activities—Essential Users) Determination 2019

The instrument is compact and built around a small set of structural concepts that determine both its scope and its operational dependencies.

Authority and delegation

• The instrument is made under subsection 11(3) of the Liquid Fuel Emergency Act 1984 (s 3). The instrument does not reproduce subsection 11(3) itself, but records that the statutory source of power is that subsection. That situates this instrument as a delegated instrument created under a specific statutory authorisation in the Act.

Terminology and definition

• The only internal definition in the text is the definition of "Act" to mean the Liquid Fuel Emergency Act 1984 (s 5). No further definitions are provided for any of the operative terms such as "ambulance service", "public transport service", "taxi service" or "equivalent organisation". The absence of definitions inside this instrument means that interpretation must fall to either the Act, the Guidelines, or to administrative or judicial construction.

Purpose and legal hook

• The operative hook is paragraph 11(1)(d) of the Act: s 6 specifies that the activities listed are “the activities determined for the purposes of paragraph 11(1)(d) of the Act.” The instrument therefore functions as a specification exercise under the Act: it supplies the set of activities that the Act’s paragraph requires to be “determined.” The instrument does not restate or explain paragraph 11(1)(d).

Activity-based, not entity-based, approach

• The instrument determines activities rather than names of agencies, corporations, local governments or other named legal entities. Section 6 lists activities “carried out by one or more of the following” and then provides the categories (a)-(g). That phrasing makes the determination activity-focused: any organisation carrying out those activities may be caught by the determination, subject to whatever legal consequences paragraph 11(1)(d) of the Act attaches.

Commencement dependency on Guidelines

• The commencement clause links the instrument’s coming into force to two events in the conjunctive "later of": registration and immediate commencement of the Liquid Fuel Emergency Guidelines 2019 (s 2). Additionally, the instrument states that its provisions do not commence at all if the Guidelines do not commence. The instrument thus depends on a companion administrative instrument, the Guidelines, for its operative effect.

Repeal of the prior instrument

• Schedule 1 repeals the 2008 Determination in its entirety. The instrument therefore functions as an updating instrument in place of the earlier determination.

Practical lacunae in the text

• The instrument does not elaborate what legal consequences flow from an activity being “determined” for the purposes of paragraph 11(1)(d). Nor does it provide criteria for assessing whether a particular provider or a specific service falls within a listed activity. The terms used are broad and undefined within the instrument, which leaves scope for administrative interpretation and, potentially, for further guidance from the Act or the Guidelines.

These concepts shape how the instrument operates: it is a delegated, activity-based specification that will become operative only once linked companion material (the Guidelines) commences, and it replaces an earlier list from 2008. The absence of in-instrument definitions and the reliance on an external paragraph of the parent Act are the principal structural features to bear in mind when reading its effects.

The instrument identifies activity categories rather than named legal persons (s 6). That design determines who is potentially within its scope: any person, company, public authority or entity that carries out one or more of the listed activities may be affected, to the extent that paragraph 11(1)(d) of the Act treats those activities differently once “determined.” The categories are:

• ambulance service (s 6(a));
• corrective service (s 6(b));
• fire or rescue service (s 6(c));
• police service (s 6(d));
• public transport service (s 6(e));
• State Emergency Service or an equivalent organisation (s 6(f));
• taxi service (s 6(g)).

Who pays and who decides

• The instrument was made by the Minister for Energy (named at the head of the instrument). The instrument itself is the Minister’s administrative decision under the Act (s 3). The text does not impose payment obligations or fees; it does not allocate budgets. If the Act or Guidelines attach priority access, supply allocation, or other resource measures to these listed activities, those measures would determine who benefits and who bears costs. The instrument merely supplies the list of activities that activate whatever special treatment paragraph 11(1)(d) provides under the Act.

Public versus private providers

• Because the listing is activity-based rather than organisation-based, both publicly run and privately run providers of the listed services fall within the Determination’s potential reach, provided they carry out the listed activities. For instance, a private company that operates a taxi service would fall under category (g) to the extent it carries out taxi services. The instrument itself does not distinguish between public and private provision.

Geographical reach

• The instrument does not specify geography. The instrument is made under Commonwealth legislation and therefore applies in the legal sphere of the Act; the instrument itself contains no express geographic limitation. Any territorial effect will be governed by the Act and by the constitutional and statutory limits on Commonwealth legislative power, matters that are not restated in the instrument.

Ambiguities affecting affected persons

• Several categories use broad labels: "public transport service", "taxi service", "equivalent organisation". Those terms are not defined in this instrument (see s 6 and s 5 for the sole internal definition). The absence of definitions means that affected parties need to determine whether their activities fall within the named categories by reference to the Act, the Guidelines, or administrative practice. This creates interpretive uncertainty for potential affected persons until guidance or administrative decisions clarify the reach.

Organisations to note

• Emergency response agencies (ambulance, fire or rescue, police, State Emergency Service) and custody-related bodies (corrective services) are directly listed, as are public transport and taxi services. Each of those categories is singled out; organisations providing these activities are the natural audience for the instrument and are the groups most likely to be subject to any priority or special measures implemented under the Act’s regime.

In summary, the instrument potentially affects any provider that carries out the listed activities. The instrument does not itself allocate costs or rights; it identifies activity categories that the Act’s paragraph 11(1)(d) treats as “determined,” and therefore the substantive rights, duties and costs will flow from the Act and the linked Guidelines once they are brought into force.

The instrument does not itself impose operational duties or confer rights in standalone terms; instead, it performs a specification function under the Liquid Fuel Emergency Act 1984 by listing activities “determined for the purposes of paragraph 11(1)(d) of the Act” (s 6). That means this instrument’s legal significance is derivative: the duties and rights that attach to being a “determined” activity are set out in the Act and in any operative Guidelines, not in the Determination itself.

What the instrument does provide

• A procedural and classificatory act: it designates a set of activities that will be treated as the activities specified in paragraph 11(1)(d) of the Act. The instrument establishes the population of activities subject to whatever statutory regime paragraph 11(1)(d) activates. Section 6 is the operative clause making that determination.

Duties and rights are located elsewhere

• Because the Determination does not reproduce paragraph 11(1)(d), nor does it restate the Act’s substantive provisions or any obligations, it is necessary to consult the parent Act and the Liquid Fuel Emergency Guidelines 2019 to identify the actual duties or privileges that flow from being one of the listed activities. The Determination is silent as to whether being "determined" creates priority access to fuel, exemptions from rationing, obligations to report fuel usage, or other specific measures. The instrument’s role is to identify who will be the subject of those treatment rules once they are applied under the Act.

Conditionality of rights/duties

• The instrument’s commencement is contingent upon the commencement of the Guidelines (s 2). Until the Guidelines commence and the instrument is registered so that the commencement condition is satisfied, the Determination’s practical effect , and therefore any derivative duties or rights under paragraph 11(1)(d) , do not exist. The instrument says explicitly that the provisions “do not commence at all if the event mentioned in paragraph (b) does not occur” (s 2).

Interpretive tasks for administrators and affected parties

• Administrators charged with implementing the Act must interpret whether particular providers’ activities fall within the categories listed in s 6. Because the Determination uses broad, undefined terms, implementation will require either reference to the Act’s definitions and mechanisms, reliance on the Guidelines once they commence, or an administrative decision-making process that classifies an activity in a particular case. Affected parties must therefore either seek clarification from the administering authority or consider whether their activity is reasonably described by the listed categories.

No procedural entitlements spelled out

• The Determination does not create procedural entitlements such as review rights, notice obligations, or registration requirements tied to being contained within a listed activity. Any such procedural rights would need to be found in the Act or in the Guidelines.

Relevance of repeal

• The instrument repeals the 2008 Determination in full (Schedule 1). That substitution may alter who benefits or what obligations are in place compared with the earlier listing; identifying the concrete shift in duties or rights requires comparing the old instrument to the new list and consulting the Act and Guidelines.

In short, the Determination is a classificatory step. The key duties and rights it generates are not in the Determination itself but are created when the Act and the Guidelines apply the fact of being “determined” to a legal regime (that is, paragraph 11(1)(d) of the Act and any implementing guidelines). The Determination identifies who will be subject to that regime.

The Determination contains no penalty provisions and no enforcement mechanisms of its own. It performs an identification function,listing activities determined for the purposes of paragraph 11(1)(d) of the Act (s 6),and does not purport to create offences, civil penalties, or express enforcement processes within its text.

Where enforcement and penalties would arise

• Any penalties or enforcement measures relevant to entities carrying out the listed activities must be found in the Liquid Fuel Emergency Act 1984 itself or in any associated subordinate legislation or Guidelines that operate under the Act. The Determination does not reproduce the enforcement regime or any sanctioning provisions. Therefore the presence or level of penalties is a matter for the parent statute and implementing instruments, not for the Determination.

Administrative enforcement implications

• Because the instrument identifies classes of activities, an enforcement regime in the Act that differentiates between determined and undetermined activities would, in practical effect, apply to the classes listed in s 6 once the Determination and associated Guidelines have commenced (s 2). For example, if the Act or Guidelines require supply prioritisation or restrict access to fuel and create sanctions for non-compliance, those requirements would be applied to the population of organisations and activities identified by this Determination. The Determination itself does not outline those sanctions.

No procedural enforcement text

• The Determination contains no procedural detail on how compliance will be monitored, how breaches will be discovered, who enforces compliance, or how enforcement decisions are to be challenged. Such details are absent from the instrument and therefore must be located in the Act or in the Liquid Fuel Emergency Guidelines 2019 (which the instrument references as a condition of commencement) or in other administrative materials.

Implications of conditional commencement

• Because the Determination will not have effect unless the Liquid Fuel Emergency Guidelines 2019 commence (s 2), any enforcement consequences tied to being a "determined" activity will not apply until the Guidelines and the Determination are both operational. That sequencing can affect the timing of enforcement and therefore the period during which penalties could be applied.

Relevance of repeal

• Repeal of the 2008 Determination (Schedule 1) does not itself create enforcement actions, but it may change which activities are captured for the purposes of any enforcement regime under the Act compared with the previous listing. Where enforcement action relies on the population identified in the Determination, the repeal matters for which activities can attract enforcement measures after the new Determination commences.

In sum, the Determination contains no standalone penalties or enforcement machinery; it is a classificatory instrument. Any enforcement or sanctioning consequences will flow from the parent Act and associated Guidelines rather than from this Determination’s text.

The Determination is explicitly made under the Liquid Fuel Emergency Act 1984 (s 3) and operates as a subordinate instrument that supplies a specification required by that Act (s 6). The instrument also expressly links its effect to the Liquid Fuel Emergency Guidelines 2019, making the instrument's commencement conditional on the Guidelines commencing (s 2). The instrument therefore interacts with law in two principal ways: it is a delegated exercise of power under the Act, and it is operationally tied to other subordinate instruments or administrative instruments (the Guidelines).

Delegated instrument within parent statute

• The Determination’s legal foundation is subsection 11(3) of the Act (s 3). That places it in the legal chain of delegation: the Act grants the Minister power to make determinations under s 11(3), and the 2019 instrument exercises that power. The content of the Act, including paragraph 11(1)(d), is therefore the primary source for substantive legal effects; the Determination fills in details that the Act delegates to the Minister to decide.

Dependency on companion Guidelines

• Section 2 conditions commencement on the Liquid Fuel Emergency Guidelines 2019 commencing. The instrument will not have legal operation unless those Guidelines are brought into effect. Consequently, the legal effect of the Determination is contingent on another instrument; the interplay here is sequential and dependent. If the Guidelines never commence, the Determination does not commence.

Repeal and continuity with prior instrument

• Schedule 1 expressly repeals the Liquid Fuel Emergency (Activities , Essential Users) Determination 2008. The repeal is a direct interaction with earlier subordinate law: it removes the previous specification and replaces it with the 2019 list. Practitioners and administrators will need to consider the timing of repeal relative to the Act’s provisions governing retrospective effect, transitional arrangements, or existing administrative actions under the 2008 Determination. The Determination does not provide transitional provisions in its text.

Interpretation work across instruments

• Because the Determination does not define terms such as "public transport service", the Act and the Guidelines are likely sources for definitions, or otherwise administrative decisions will be required to interpret these terms. The instrument therefore interacts interpretively with those other sources of law: where a term is undefined in the Determination, readers must look to the parent Act, the Guidelines, or administrative practice for interpretive content.

No explicit cross-reference to other Commonwealth statutes

• The instrument does not reference other Commonwealth statutes besides the Liquid Fuel Emergency Act 1984 and the Liquid Fuel Emergency Guidelines 2019. It does not purport to override or displace other laws, nor does it specify conflicts or saving provisions; any such interactions would be governed by the parent Act and general rules about statutory interpretation and the hierarchy of instruments.

Administrative practice and agency rules

• The Determination’s practical operation will depend on implementing administrative decisions and processes (for example, lists, priority allocations, or communications protocols) established under the Act and the Guidelines. The Determination is the statutory list: the detailed administrative rules that apply to entities on the list will be set by other instruments or agency practice.

In short, the Determination is an instrument subordinate to the Liquid Fuel Emergency Act 1984 and operationally connected to the Liquid Fuel Emergency Guidelines 2019. Its interaction with other laws is therefore mediated through the Act’s delegated powers and through the content of the Guidelines and any implementing administrative instruments.

The instrument itself records a small and specific amendment history: it repeals the earlier Liquid Fuel Emergency (Activities , Essential Users) Determination 2008 in full (Schedule 1). The Determination contains a commencement table and a note stating that the table relates only to provisions of the instrument as originally made and will not be amended to deal with later amendments of the instrument (s 2). Beyond that, the instrument contains no internal record of prior amendments to itself because it is presented as the replacing instrument.

Key historical points within the text

• Date and maker: The Determination is dated 25 March 2019 and is signed by the Minister for Energy, Angus Taylor (instrument header). The commencement table records an operative date detail of 29 March 2019 in the column that provides commencement date/details; that appears to be an administrative mark that records the start date at the later of the two triggering events described in s 2. The instrument’s commencement is expressly contingent upon the commencement of the Liquid Fuel Emergency Guidelines 2019 (s 2).

Repeal of 2008 instrument

• Schedule 1 contains one item: the repeal in full of the Liquid Fuel Emergency (Activities , Essential Users) Determination 2008. The Schedule states: "Repeal the instrument." That is the sole amendment-history content within the instrument.

No recorded subsequent amendments

• The instrument’s text includes the statement above the commencement table: "Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument." That indicates the instrument, as published, presents only its original terms and does not include any later amendment history within the same text. The instrument, as supplied, does not show any subsequent amending instruments or updates.

Transitional or savings provisions

• The Determination does not include transitional arrangements, savings, or express retrospective provisions concerning the change from the 2008 Determination to this 2019 Determination. Any transitional consequences therefore depend on the parent statute’s treatment of subordinate instruments and on any separate arrangements made by administrators.

Contextual note on the repeal

• Repeal of the earlier instrument without further detail suggests a straightforward substitution of lists; but the Determination itself does not provide a comparison table or explanatory material summarising differences between the 2008 and 2019 lists. Users seeking to understand what has changed in substance must compare the two instruments themselves and consult any accompanying administrative materials.

In summary, the instrument’s internal amendment history is limited: it records its making and the repeal of the previous 2008 Determination. The instrument contains no further amending history or transitional rules within its own text.

The text of the Determination does not contain any references to litigation, judicial decisions, or case law, and it does not report any disputes about its content or application. The instrument is a short delegated instrument that supplies a specification required by paragraph 11(1)(d) of the Liquid Fuel Emergency Act 1984, and the instrument itself contains no record of legal proceedings. Therefore, within the instrument’s own text there is no litigation history to report.

Potential points that could give rise to litigation (based on the instrument’s content)

• Interpretation of undefined terms: The Determination uses broad labels such as "public transport service", "taxi service", and "equivalent organisation" without defining them in the instrument (s 6, s 5 defines only the term "Act"). Where a party’s operations fall on the margins of these descriptions, disputes could arise about whether a particular activity is “determined” for the purposes of paragraph 11(1)(d) of the Act. Any litigation would therefore turn on statutory interpretation, the content of the Act, the Guidelines (once commenced), and factual characterisation of an activity.

• Application to private providers: Because the Determination is activity-based and not entity-based, private operators of listed activities may contest administrative decisions that apply regulatory consequences under the Act. If enforcement measures, priorities, rationing or reporting requirements are imposed under the Act on determined activities, affected private providers might seek review of administrative classifications or challenge the legality of measures applied to them.

• Scope of "equivalent organisation": The phrase "State Emergency Service or an equivalent organisation" (s 6(f)) is open-textured. Disputes could occur about whether an organisation is an "equivalent organisation" and therefore falls within the Determination’s reach. Litigation could concern the proper legal test for equivalence.

• Interaction with prior determinations and transitional questions: The instrument repeals the 2008 Determination in full (Schedule 1). If administrative action taken under the 2008 Determination were to have continuing effects or obligations, disputes might arise about whether those effects survive repeal or how transitional matters are handled, depending on the Act’s residual powers and any implementing arrangements.

Limits to predicting litigation from the instrument alone

• These are logical points where litigation might occur given the Determination’s text. However the Determination itself contains no record of such litigation. Whether any of these disputes arise in practice depends on how the parent Act, the Guidelines, and administering agencies operate. The instrument does not provide procedural or judicial-review clauses; any challenges would proceed under the general law concerning judicial review of administrative action and the Act’s own review mechanisms, if any.

In sum, the instrument does not report any litigation history. It does present interpretive issues that could be focal points for disputes, but whether litigation occurs and how courts would resolve issues must be assessed by reference to the Act, the Guidelines, and any facts in a concrete case.

The Determination is short and appears straightforward, but a number of practical and legal frictions arise from its wording and structure that users should note. These are not novel claims but follow directly from the instrument’s content.

Commencement dependency creates timing risk (s 2)

• The whole instrument only commences on the later of two events: the start of the day after registration, and immediately after the commencement of the Liquid Fuel Emergency Guidelines 2019; and the instrument expressly says it will not commence at all if the Guidelines do not commence (s 2). Practitioners and affected parties must not assume the Determination is operative just because it has been made or registered; its practical effect is conditional. Failure to check that the Guidelines have commenced could lead to misplaced compliance steps or incorrect assumptions about entitlement to priority measures.

Minimal internal definitions, maximal interpretive work (s 5, s 6)

• The only definition provided is that "Act" means the Liquid Fuel Emergency Act 1984 (s 5). Core, operative terms such as "public transport service", "taxi service", "equivalent organisation", "ambulance service" are not defined in the Determination (s 6). That omission leaves significant interpretive uncertainty. Affected entities need to identify where definitions will be sourced , in the parent Act, in the Guidelines, or from administrative practice.

Activity-based listing rather than entity-based listing (s 6)

• The Determination lists activities rather than specifying named organisations (s 6). That means the same legal treatment could apply differently across providers depending on whether they carry out the relevant activities. Entities that perform a mixture of activities must determine which parts of their operation fall within the Determination and which do not. This can complicate internal compliance and reporting if the parent regime attaches practical consequences to being a “determined” activity.

No standalone rights, duties, penalties or procedural protections in the instrument

• The Determination does not create procedural entitlements, enforcement mechanisms or penalties (see Penalties and enforcement section). Users might assume that inclusion on the list confers a specific right such as priority access to fuel; the Determination itself does not state any such entitlement. The substantive legal rights and obligations must be sought in the Act or the Guidelines.

Repeal of the 2008 Determination without transitional detail (Schedule 1)

• The instrument repeals the 2008 Determination entirely (Schedule 1) but provides no transitional or saving provisions. Entities should check whether prior administrative arrangements under the repealed instrument remain in force by virtue of the Act or separate transitional directions. Absent that, there may be gaps or discontinuities in administrative expectations.

Potential for narrow or broad administrative interpretations

• Terms like "equivalent organisation" invite administrative scope. Administrators may interpret that phrase narrowly (for example, only state statutory emergency services) or broadly (including private or non-government organisations that perform emergency functions). Affected organisations should seek clarification from administering agencies rather than rely on presumed boundaries.

Uncertainty as to geographic and jurisdictional reach

• The Determination does not specify territorial scope. Though made under a Commonwealth Act, the instrument does not explain how it interacts with State and Territory emergency powers or with any State-made equivalents. Entities that operate across jurisdictions should engage both Commonwealth and State authorities to confirm how the Determination applies operationally.

Reliance on the Guidelines

• Because the instrument is tied to the Liquid Fuel Emergency Guidelines 2019 for commencement (s 2), the substance of the Guidelines may contain substantive operational details, definitions, priorities, enforcement rules and procedural protections. The Determination’s operational impact depends heavily on the content of the Guidelines; a failure to review or obtain the Guidelines could lead to incorrect operational assumptions.

No express process for challenging the Determination itself

• The Determination does not include internal procedures for variation, removal, or challenge. Parties seeking to change the list must look to the Act’s mechanisms or general administrative law remedies. That may be slower or more burdensome than parties expect.

In short, the principal "gotchas" flow from conditional commencement, the absence of definitions, an activity-based rather than entity-based approach, and the instrument’s reliance on the Act and the Guidelines for substantive rights, duties and procedures. Users should plan to consult the Act, the Guidelines and administering agencies for operational clarity rather than relying on the Determination alone.

Compliance with this Determination requires understanding its limited, classificatory role and then taking operational steps to align with the consequences that flow from being a listed activity under the parent Act and its Guidelines. Because the Determination supplies the categories of activity (s 6) but does not itself set out duties, penalties, or procedures, compliance work is a two-step task: (1) confirm whether your activities fall within the listed categories, and (2) identify and comply with the obligations that the Act and the Liquid Fuel Emergency Guidelines 2019 attach to being a "determined" activity.

Step 1 , Establish whether your activities are within the Determination

• Map functions to the list in s 6: systematically document the activities your organisation carries out and compare them to the listed categories: ambulance service; corrective service; fire or rescue service; police service; public transport service; State Emergency Service or an equivalent organisation; taxi service (s 6(a)-(g)). Because the instrument is activity-based, this is a factual exercise of matching operations to the category descriptions.

• Where the fit is unclear, seek authoritative sources for definitions: consult the Liquid Fuel Emergency Act 1984 for any statutory definitions, and obtain and review the Liquid Fuel Emergency Guidelines 2019 once they commence. If ambiguity remains, seek written confirmation from the administering Commonwealth authority to reduce compliance risk.

• Document the basis for your classification decision, including internal job descriptions, service contracts, licences or regulatory registrations that evidence the nature of the activity. That record will be useful if administrative classification is later contested.

Step 2 , Identify obligations and entitlements under the Act and Guidelines

• Do not treat the Determination as setting out duties. Instead, obtain the current text of the Liquid Fuel Emergency Act 1984 and the Liquid Fuel Emergency Guidelines 2019 and identify the specific legal obligations, priority measures, reporting obligations, rationing rules, or exemptions that apply to activities listed under paragraph 11(1)(d). The Determination ties your activity to paragraph 11(1)(d) but leaves substantive obligations to those instruments.

• Monitor commencement status. The Determination does not come into effect unless the Guidelines also commence (s 2). Confirm that the Guidelines have commenced and that the Determination has been registered and has actually taken effect before assuming duties or entitlements apply.

Practical compliance measures

• If your activity is identified as determined for the purposes of paragraph 11(1)(d), prepare to comply with likely operational requirements under an emergency fuel regime: maintain fuel usage records, develop fuel conservation plans, implement priority service protocols, and ensure staff and contractors are aware of any reporting lines or command structures used during a liquid fuel emergency. The Determination itself does not specify these measures, but they are the sorts of administrative obligations agencies commonly attach to emergency prioritisation.

• Establish communication lines with the administering authority (the Commonwealth agency responsible under the Act) to receive instructions, clarifications and notifications in the event of a declared liquid fuel emergency. Because the Determination is a list that triggers application of the Act’s regime, practical compliance will often involve following administrative directions in real time.

Legal and administrative risk management

• Maintain a legal record of the basis for any preferential access sought or any obligations imposed. If actions are taken or benefits are provided on the basis that your activity is "determined", keep contemporaneous documentation (correspondence, approvals, allocations) that demonstrates the legal basis for those actions.

• Consider administrative review and judicial review pathways. Because the Determination itself provides no procedural protections, identify the mechanisms under the Act and the general law for challenging administrative decisions that classify an activity or that apply measures in respect of a determined activity. Early legal advice may be necessary where interpretive disputes could cause operational or financial consequences.

Transitional considerations

• If your compliance arrangements were built around the 2008 Determination, review any operational differences introduced by the 2019 Determination, because the 2008 instrument is repealed in full (Schedule 1). Update plans, supplier contracts, and internal policies to reflect the current Determination and any clarifications in the Guidelines.

In short, compliance involves (1) confirming whether your activity is within the Determination’s categories (s 6), (2) confirming that the Determination and the Guidelines have commenced (s 2), and (3) implementing the actual obligations and procedures which the Act and the Guidelines impose on determined activities. The Determination is a starting point for compliance, not a complete compliance manual.