sec.30Directions for allocations to bulk customers

sec.30 Directions for allocations to bulk customers

During a period of emergency the Minister may, for the purpose of dealing with a shortage or likely shortage of liquid fuel in relation to which the emergency is declared to exist, by notification published in the gazette and in such other manner as, in the Minister’s opinion, is likely to bring it to the notice of relevant persons concerned, direct that each relevant person who ordinarily in the course of business supplies a refined liquid petroleum product of a kind specified in the notification for purchase in bulk in Queensland by persons or associations of persons who are bulk customers of that relevant person in relation to that product shall make available for purchase in bulk in Queensland by those customers during the period specified in the notification in accordance with the bulk allocation procedures approved by the Minister under section 14 — in the case of such customers as have been identified by the Minister as essential or high priority users of that product in Queensland—such quantities of that product as— are calculated by or on behalf of the Minister, by a method specified in the notification; and are notified in writing, by or on behalf of the Minister, to that relevant person; in the case of such customers as are persons or associations of persons to whom paragraph (a) does not apply—such quantities of that product as— are calculated by or on behalf of the Minister, by a method specified in the notification; and are notified in writing, by or on behalf of the Minister, to that relevant person. Where the Minister has under subsection (1) directed relevant persons to make available for purchase by bulk customers quantities of a refined liquid petroleum product, a relevant person to whom the direction is issued shall not— refuse or fail to make that product available for purchase by such a bulk customer of that relevant person during the period specified in the direction in accordance with the direction; or make that product available for purchase in bulk, during the period specified in the direction, by a person who is not a bulk customer of that relevant person in relation to that product; or make that product available for purchase in bulk by such a bulk customer of that relevant person during the period specified in the direction otherwise than in accordance with the direction; unless that relevant person has reasonable excuse. Maximum penalty— in the case of a body corporate—$10,000; or in the case of an individual—$1000. Without limiting the generality of the expression reasonable excuse in subsection (2) , it is a reasonable excuse for the purposes of subsection (2) (a) — if the person or association of persons in respect of whom a contravention of that subsection is alleged to have been committed in respect of a particular refined liquid petroleum product refused or failed to produce to the relevant person concerned a copy of the instrument that was caused by the Minister to be served on the person or association under section 12 and identified the person or association as a bulk customer of that relevant person in relation to that product; if the person or association of persons in respect of whom a contravention of that subsection is alleged to have been committed in respect of a particular refined liquid petroleum product, being a person who or association that is an essential user or a high priority user of that product in Queensland, refused or failed to produce to the relevant person concerned— a copy of the instrument that was caused by the Minister to be served on the person or association under section 12 and identified the person or association as a bulk customer of that relevant person in relation to that product; or a copy of the instrument that was caused by the Minister to be served on the person or association under section 11 and identified the person or association as an essential user or high priority user of that product in Queensland. A method of calculation of a quantity of a refined liquid petroleum product specified in a notification under subsection (1) may be specified as applicable generally to all persons or associations referred to respectively in subsection (1) (a) and (b) or to persons or associations included in classes of persons or associations referred to respectively in those paragraphs specified in the notification. (sec.30-ssec.1) During a period of emergency the Minister may, for the purpose of dealing with a shortage or likely shortage of liquid fuel in relation to which the emergency is declared to exist, by notification published in the gazette and in such other manner as, in the Minister’s opinion, is likely to bring it to the notice of relevant persons concerned, direct that each relevant person who ordinarily in the course of business supplies a refined liquid petroleum product of a kind specified in the notification for purchase in bulk in Queensland by persons or associations of persons who are bulk customers of that relevant person in relation to that product shall make available for purchase in bulk in Queensland by those customers during the period specified in the notification in accordance with the bulk allocation procedures approved by the Minister under section 14 — in the case of such customers as have been identified by the Minister as essential or high priority users of that product in Queensland—such quantities of that product as— are calculated by or on behalf of the Minister, by a method specified in the notification; and are notified in writing, by or on behalf of the Minister, to that relevant person; in the case of such customers as are persons or associations of persons to whom paragraph (a) does not apply—such quantities of that product as— are calculated by or on behalf of the Minister, by a method specified in the notification; and are notified in writing, by or on behalf of the Minister, to that relevant person. (sec.30-ssec.2) Where the Minister has under subsection (1) directed relevant persons to make available for purchase by bulk customers quantities of a refined liquid petroleum product, a relevant person to whom the direction is issued shall not— refuse or fail to make that product available for purchase by such a bulk customer of that relevant person during the period specified in the direction in accordance with the direction; or make that product available for purchase in bulk, during the period specified in the direction, by a person who is not a bulk customer of that relevant person in relation to that product; or make that product available for purchase in bulk by such a bulk customer of that relevant person during the period specified in the direction otherwise than in accordance with the direction; unless that relevant person has reasonable excuse. Maximum penalty— in the case of a body corporate—$10,000; or in the case of an individual—$1000. (sec.30-ssec.3) Without limiting the generality of the expression reasonable excuse in subsection (2) , it is a reasonable excuse for the purposes of subsection (2) (a) — if the person or association of persons in respect of whom a contravention of that subsection is alleged to have been committed in respect of a particular refined liquid petroleum product refused or failed to produce to the relevant person concerned a copy of the instrument that was caused by the Minister to be served on the person or association under section 12 and identified the person or association as a bulk customer of that relevant person in relation to that product; if the person or association of persons in respect of whom a contravention of that subsection is alleged to have been committed in respect of a particular refined liquid petroleum product, being a person who or association that is an essential user or a high priority user of that product in Queensland, refused or failed to produce to the relevant person concerned— a copy of the instrument that was caused by the Minister to be served on the person or association under section 12 and identified the person or association as a bulk customer of that relevant person in relation to that product; or a copy of the instrument that was caused by the Minister to be served on the person or association under section 11 and identified the person or association as an essential user or high priority user of that product in Queensland. (sec.30-ssec.4) A method of calculation of a quantity of a refined liquid petroleum product specified in a notification under subsection (1) may be specified as applicable generally to all persons or associations referred to respectively in subsection (1) (a) and (b) or to persons or associations included in classes of persons or associations referred to respectively in those paragraphs specified in the notification.