Agreement means the Agreement on an International Energy Program, done at Paris on 18 November 1974.
Note: The Agreement is in Australian Treaty Series 1979 No. 7 ([1979] ATS 7) and could in 2017 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
civil penalty provision has the same meaning as in the Regulatory Powers Act.
commercial‑in‑confidence has the meaning given by section 6.
constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.
constitutional trade and commerce means the following:
(a) trade or commerce between Australia and places outside Australia;
(b) trade or commerce among the States;
(c) trade or commerce within a Territory, between a State and a Territory or between 2 Territories.
covered activity means:
(a) producing a covered product; or
(b) refining a covered product; or
(c) wholesaling a covered product; or
(d) holding stock of a covered product; or
(e) importing a covered product; or
(f) exporting a covered product; or
(g) any other activity, in relation to a covered product, prescribed by the rules for the purposes of this paragraph.
covered product means:
(a) crude oil; or
(b) condensate; or
(c) liquefied petroleum gas; or
(d) natural gas liquid; or
(e) gasoline; or
(f) diesel; or
(g) kerosene; or
(h) fuel oil; or
(i) heating oil; or
(j) naphtha; or
(k) compressed natural gas; or
(l) liquefied natural gas; or
(m) an oil, lubricant or grease; or
(n) paraffin wax; or
(o) a petroleum‑based solvent; or
(p) petroleum coke; or
(q) bitumen; or
(r) biofuel; or
(s) hydrogen; or
(t) any other fuel prescribed by the rules for the purposes of this paragraph; or
(u) any other fuel‑related product prescribed by the rules for the purposes of this paragraph.
entrusted person means:
(a) the Secretary; or
(b) an APS employee in the Department; or
(c) any other person employed or engaged by the Department.
fuel means any product that produces energy through a chemical reaction.
Note: Examples of a fuel include petroleum, hydrogen and biofuel.
fuel information means:
(a) any raw data, or any value added information product, that relates to:
(i) covered activities; or
(ii) the quantity, quality or characteristics of covered products; or
(iii) the holding (within the meaning of section 19 of the Fuel Security Act 2021) of stocks of covered products that are MSO products (within the meaning of that Act); or
(b) any metadata that describes data of a kind referred to in paragraph (a);
and includes contextual information relating to covered products (such as the location, control and ownership of covered products).
fuel‑related product means a product that is not a fuel, but:
(a) is derived from a fuel; or
(b) is an input into or an output from the production or refining of a fuel.
holding stock of a covered product means:
(a) keeping a covered product in storage (whether on land or at sea), but does not include:
(i) storing a covered product in a service station, retail store, personal vehicle, road tanker, rail tank car or pipeline; or
(ii) keeping a covered product wholly or principally for private or domestic use; or
(b) holding, in circumstances prescribed by the rules for the purposes of this paragraph, a contractual right to take possession of a covered product.
Note: See also subsection (4).
international energy security body means a body established under:
(a) the Agreement; or
(b) any other agreement with one or more countries, to which Australia is a party, relating to:
(i) international energy security; or
(ii) the reporting of data relating to petroleum, other fuels or fuel‑related products.
offence against this Act includes an offence against Chapter 7 of the Criminal Code that relates to this Act.
offshore area, in relation to a State or Territory, has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2006.
person has a meaning affected by section 38.
personal information has the same meaning as in the Privacy Act 1988.
producing a covered product means recovering a covered product through a process of extraction or otherwise creating a covered product, but does not include refining a covered product.
protected information means fuel information that is personal information, or fuel information that is commercial‑in‑confidence, that:
(a) is obtained under, or in accordance with, this Act, the Fuel Security Act 2021, section 95ZPA of the Competition and Consumer Act 2010 or subsection 355‑65(8) in Schedule 1 to the Taxation Administration Act 1953; or
(b) is derived from a record of personal information, or information that is commercial‑in‑confidence, that was made under, or in accordance with, this Act, the Fuel Security Act 2021 or a provision referred to in paragraph (a); or
(c) is derived from a disclosure or use of personal information, or information that is commercial‑in‑confidence, that was made under, or in accordance with, this Act, the Fuel Security Act 2021 or a provision referred to in paragraph (a).
Note: For the meaning of commercial‑in‑confidence, see section 6.
refining a covered product means transforming a covered product into another covered product, or recycling or re‑refining a covered product.
regulated entity means:
(a) a constitutional corporation; or
(b) a trust, all of the trustees of which are constitutional corporations; or
(c) a body corporate that is incorporated in a Territory; or
(d) a body corporate that is taken to be registered in a Territory under section 119A of the Corporations Act 2001; or
(e) a trust, if the proper law of the trust and the law of the trust’s administration are the law of a Territory; or
(f) an entity, the core or routine activities of which are carried out in or in connection with a Territory.
Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.
rules means rules made under section 41.
Secretary means the Secretary of the Department.
statistical fuel information means fuel information that is statistical information.
wholesaling a covered product means:
(a) entering a covered product for home consumption (within the meaning of the Customs Act 1901 or the Excise Act 1901); or
(b) if a covered product is not subject to duty of excise or duty of customs—removing the covered product from an import terminal or domestic production facilities (such as a refinery); or
(c) if another activity is prescribed by the rules for the purposes of this paragraph for a kind of covered product—undertaking that activity in relation to the kind of product.
(2) The rules must not prescribe a fuel for the purposes of paragraph (t) of the definition of covered product in subsection (1) unless the Minister is satisfied that prescribing the fuel will promote the objects of this Act.
(3) The rules must not prescribe a fuel‑related product for the purposes of paragraph (u) of the definition of covered product in subsection (1) unless the Minister is satisfied that prescribing the product will assist the Commonwealth to give effect to Australia’s obligations, relating to the reporting of data relating to petroleum, other fuels or fuel‑related products, under:
(a) the Agreement; or
(b) any other agreement with one or more countries.
(4) A person is taken to be holding stock of a covered product that is an MSO product within the meaning of the Fuel Security Act 2021 if the person holds stocks of that product within the meaning of section 19 of that Act.
Section 5 - Petroleum and Other Fuels Reporting Act 2017 - Definitions | Zoe