19HReports—Intermediary market participants

19H Reports—Intermediary market participants

(1) For the purposes of section 11 of the Act: (a) a report must be given under that section if: (i) the covered activity of storing stocks of MSO products that are held under section 19 of the FS Act for an entity subject to the MSO is undertaken in Australia during a relevant 6-month period; and (ii) the regulated entity undertaking the activity is not subject to the MSO in relation to the MSO product under the FS Act; and (b) the report must be given by the regulated entity that owns the stocks and is party to one or more legally enforceable arrangements under sections 23 or 24 of the FS Act; and (c) the report must be given to the Secretary within 21 days after the end of the relevant 6-month period. (2) The report must include the following fuel information: (a) the entity’s total storage capacity, in megalitres, for each MSO product at the end of the relevant 6-month period; (b) if the relevant 6-month period ends on a 31 December—for each storage site owned, leased or used by the entity for MSO products at that time: (i) the location of the site; and (ii) the storage capacity, in megalitres, for each MSO product stored at the site; and (iii) the nature of the ownership, lease or use by the entity; and (iv) whether the site operated at any time during the calendar year on a basis that would have allowed others to store MSO products at the site; and (v) if so, any prices publicly or commonly offered in relation to such storage; (c) details of the legally enforceable arrangements which provided for stocks of MSO products to be held by an entity subject to the MSO during the relevant 6-month period including the contracting entities, volumes and time periods of the arrangements. (3) In this section:

relevant 6-month period means:

(a) the period beginning on 1 July 2022 and ending on 31 December 2022; and
(b) each subsequent 6 month period.