Petroleum Products Pricing Regulations 2000

The Regulations rest on a set of technical definitions and several operational concepts that determine scope and compliance obligations. The principal defined terms in the Regulations are: “day” (a period of 24 hours beginning immediately after 6.00 a.m.) and “retail sale” (which expressly excludes “exempt sale”) in division 1 (regulation 2A); “Perth metropolitan region” and “townsite” for geographic scope (regulation 2AA); and “regular unleaded petrol” for the display rules (regulation 6(7)). These definitions shape how a retailer’s notification obligations and the display duties apply in time, place and product-specific ways.

Permitted standard retail price and notification regime (regs 3 and 3A). The central regulatory construct is the “permitted standard retail price” for a particular kind of motor fuel offered at a place on a particular day. A retailer “establishes” that permitted price by notifying the Commissioner in accordance with the procedural requirements in reg 3A; once established, the retailer must offer the fuel at that day’s permitted standard retail price (reg 3(1)-(2)). The notification has an ongoing effect , a notified price for a day continues to operate as the notified price for subsequent days until a different price is notified (reg 3A(2)). That continuance creates a simple rule for persistence of prices but also a compliance risk if a business intends to change price mid-period: the new notification must be given in accordance with reg 3A and will then replace the previous notification from its effective day.

Notification channels and Commissioner’s ordering power (reg 3A). Unless the Commissioner has fixed a period, manner and form by Gazette order, the Regulations provide a default notification window (8.30 a.m. to 2.00 p.m. on the day before) and two permitted modes: a telephone call to a dedicated number (1800 445 757) or via the FuelWatch website (reg 3A(1)(b)). The Commissioner may change those defaults by Gazette order and may revoke such an order (reg 3A(3)-(5)). The Gazette requirement for such orders is explicit, creating a public, documentable instrument for any change to the core notification mechanics.

Price display rules (reg 6). For places where regulation 6 applies (those in Schedule 1), retail premises must have a price display that shows standard retail prices. The content rules depend on how many “kinds” of motor fuel are offered: if not more than three kinds are offered, the display must show the standard retail price for each (reg 6(2)(a)); where more than three kinds are offered, the display must show the prices for three kinds according to prioritisation rules that require inclusion of LPG (if offered) and regular unleaded petrol (if offered) and then a selection among the other kinds if necessary (reg 6(2)(b)(i)-(iii)). The display must be positioned and illuminated so prices and descriptions are clearly legible to passing motorists, and may consist of multiple signs (reg 6(3)-(4)). The Commissioner may exempt a place from the display requirement on the grounds of “exceptional circumstances” and may revoke an exemption (reg 6(6)).

Supplier/terminal obligations and invoice disclosure (regs 7, 9, 10). The Regulations implement specific operational duties for suppliers and terminal operators where the Act (s.22B, s.22E) imposes notification and invoice obligations. Those operational duties are to be performed by direct upload to the FuelWatch website (r 7 and r 10(1)), and invoices that must show price differences are required to disclose each component of the relevant prices with sufficient particularity and quantified amounts so cumulative effects can be readily computed (r 9(1)-(3)). Monthly reporting of details relating to supplies is to be uploaded within 14 days after the calendar month in question (r 10(2)).

Enforcement architecture (Part 3, Schedules 2-3). The Regulations identify the offences that may be the subject of infringement notices (reg 11), set the modified penalties for those offences (reg 12; Schedule 2), and prescribe the form of the infringement notice and the form of a withdrawal of an infringement notice (reg 13-14; Schedule 3). Schedule 2 links many offences under the primary Act to the $4,000 modified penalty, and includes the two specified Regulatory offences (r3(1) and r6(1)). The standard Form 1 (Schedule 3) also explains the procedural choice available to an alleged offender , pay the modified penalty within 28 days, or elect prosecution in court by returning a signed option , and cross-references enforcement actions under the Fines, Penalties and Infringement Notices Enforcement Act 1994.

Geographic scope and exceptions (regs 4, 5; Schedule 1). Regulation 4 creates an out-of-area carve-out: regulation 3(1) (the obligation to offer at the notified price) does not apply to a place that is outside the Perth metropolitan region and not in a local government district, locality or townsite listed in Schedule 1. Regulation 5 and Schedule 1 specify the places where the display rule (reg 6) applies. The detailed list in Schedule 1 is periodically updated by Gazette amendment and includes a mix of local government districts, named localities and townsites.

These concepts combine administrative technology (FuelWatch uploads and a dedicated telephone number), strict time-windowed notification, a public display rule with content priorities, invoice transparency requirements, and an infringement-notice enforcement regime with high statutory court fines as the ultimate sanction.

The Regulations define several distinct sets of actors who carry duties, face enforcement risk, or are implicated as decision-makers.

Retailers and proprietors of retail fuel outlets. The primary regulated population comprises persons who “offer a particular kind of motor fuel for retail sale” (regulation 3(1)). A retailer must notify the Commissioner of the permitted standard retail price for a day (reg 3(2) and 3A), must offer fuel at the day’s permitted standard retail price (reg 3(1)), and, where the place is in the areas identified in Schedule 1 (or in the Perth metropolitan region subject to Schedule 1), must maintain an on-site price display that meets content, positioning and legibility requirements (regulation 6(1)-(4)). The Regulations differentiate between individuals and bodies corporate for maximum court fines (regs 3(1) and 6(1) specify $20,000 for an individual and $100,000 for a body corporate).

Suppliers and declared-terminal operators. The Regulations impose operational upload obligations on suppliers if, under the Act, section 22B requires a supplier to notify the Commissioner of a proposed price change: that notification must be given by directly uploading information via the Commissioner’s FuelWatch website (regulation 7). Suppliers making supplies for which s.22E(2) of the Act requires invoice detail must include component descriptions and amounts (regulation 9). Suppliers are also required under regulation 10(1) to upload details required by s.22E(4) to the FuelWatch site, and regulation 10(2) fixes the reporting deadline for calendar-month data at within 14 days after month end.

Customers and passing motorists. While the Regulations do not impose duties directly on consumers, the price display requirement (regulation 6) is expressly targeted at making prices “clearly legible to passing motorists” (regulation 6(3)). Thus motorists are an intended informational beneficiary; consumer behaviour change (switching stations) is a foreseeable behavioural effect of the display duty although the Regulations themselves do not regulatoryly constrain customer choices.

Commissioner and authorised officers. The Commissioner for Consumer Protection (referred to as “the Commissioner” in regulation 3A and elsewhere) is the administrative decision-maker who sets the exact notification periods and manners by Gazette order (regulation 3A(3)-(5)), receives and records notifications, publishes FuelWatch content (by implication) and has the power to grant and revoke exemptions to the display duty (regulation 6(6)). Authorised persons exercise enforcement functions by issuing infringement notices under the prescribed Form 1 (regulation 13 and Schedule 3).

Local government districts, localities and townsites listed in Schedule 1. Retailers operating within areas named in Schedule 1 are subject to the display obligations in regulation 6 and to the notification obligations, unless an out-of-area exception under regulation 4 applies. The list in Schedule 1 is extensive and includes a mixture of regional local government districts and defined townsites/localities; Schedule 1 has been amended periodically (see compilation table and Schedule 1 header).

Bodies corporate versus individuals. The Regulations impose larger maximum court fines on bodies corporate compared with individuals for the principal offences under regs 3 and 6 (reg 3(1) and reg 6(1)). For the infringement-notice regime, Schedule 2 prescribes a uniform modified penalty ($4,000) for the listed offences regardless of offender type.

Other statutory instruments and persons with intersecting duties. The Regulations expressly connect to provisions of the Petroleum Products Pricing Act 1983 (the Act), specifying offences under the Act that are subject to infringement notices (regulation 11; Schedule 2 lists multiple Act sections). The Forms in Schedule 3 reference the Fines, Penalties and Infringement Notices Enforcement Act 1994 for enforcement consequences of non-payment, thereby bringing its enforcement toolbox (suspension of licences, garnishee, seizure and sale, etc.) into potential operation for persons who do not pay modified penalties (Schedule 3, Form 1).

Entities providing site signage and information technology. The regime creates demand-side obligations for third parties who provide price-display hardware and software integration with FuelWatch or internal price management systems to ensure that notified prices match displayed prices in real time. Although the Regulations do not regulate those suppliers, the commercial actors who maintain signage, priceboards, illumination, and the IT systems for uploading to FuelWatch become operational partners in statutory compliance.

Persons with “exempt sale” operations. The definition of “retail sale” expressly excludes “exempt sale” (regulation 2A), but the Regulations do not define “exempt sale”: that term is in the Act. Businesses operating under whatever definition of exempt sale exists in the Act should consult the Act to determine regulatory reach. The absence of the definition within the Regulations means that compliance depends on reading the Act in combination with these Regulations.

In short, the Regulations primarily affect retailers and suppliers in specified geographic areas, allocate administrative and enforcement powers to the Commissioner and authorised persons, and impose obligations that have downstream operational impacts on signage contractors, IT providers, and the invoice-preparation processes of suppliers and terminal operators.

The Regulations create discrete, time‑sensitive duties for retailers, suppliers and terminal operators, and they provide administrative rights for regulated parties to interact with the enforcement machinery. Below are the operational duties and the corresponding rights and procedural options.

Duties of retailers to notify and to sell at notified price (regulations 3 and 3A). A person who offers a particular kind of motor fuel for retail sale on a particular day at a particular place must have established the permitted standard retail price for that sale by notifying the Commissioner in accordance with regulation 3A, and must offer that kind of motor fuel at the day’s permitted standard retail price (regulation 3(1)-(2)). The notification must be given during the period fixed under reg 3A(3) or, if none fixed, between 8.30 a.m. and 2.00 p.m. on the day before the day for which the price is notified, and by one of the prescribed modes: a telephone call to 1800 445 757 or by using the FuelWatch website (reg 3A(1)(a)-(b)).

Duty to display prices at specified places (regulation 6). Where regulation 6 applies (see regulation 5 and Schedule 1), a person offering motor fuel for retail sale must have at the place of sale a price display that meets content rules: if three or fewer kinds are offered, the display must show the standard retail price for each; if more than three kinds are offered the display must show three prices according to a prioritisation scheme that ensures LPG (if offered) and regular unleaded petrol (if offered) are included (regulation 6(2)). The display must be positioned and illuminated so the description and price are clearly legible to passing motorists (regulation 6(3)). The display may be multiple signs (regulation 6(4)).

Supplier and terminal duties to notify and to provide invoice detail (regulations 7, 9 and 10). If section 22B of the Act requires a supplier to notify the Commissioner of a proposed price change, the method prescribed by these Regulations is direct uploading via the Commissioner’s FuelWatch website (regulation 7). Where section 22E(2) of the Act requires an invoice to show the difference between a relevant price and a maximum price fixed by order under s.12 of the Act, the invoice must show a description of each component the supplier considers contributes to the difference and the amount of each component; each component must be described with sufficient particularity and the amounts expressed so their cumulative effect can be readily quantified (regulation 9(1)-(3)). Details that s.22E(4) requires a supplier to give the Commissioner are to be uploaded via the FuelWatch website and details relating to supplies in a calendar month must be uploaded within 14 days after the end of that month (regulation 10(1)-(2)).

Commissioner’s powers and procedural rights of regulated parties (regulations 3A(3)-(5) and 6(6)). The Commissioner may, by Gazette order, fix and revoke the period during which, and the manner and form in which, notifications under regulation 3(2) can be given (regulation 3A(3)-(5)). The Commissioner may exempt a particular place of sale from the display requirement in regulation 6 if satisfied there are “exceptional circumstances” (regulation 6(6)(a)) and may revoke an exemption (regulation 6(6)(b)). These powers are administrative decision points; the Gazette requirement creates a public record of any such change and a documentable process for compliance adjustments. Regulated parties therefore have a right to check the Gazette and FuelWatch for orders and exemptions that affect their obligations.

Infringement notice procedure and choices (Part 3; Schedule 3). Regulation 11 designates the offences in Schedule 2 as those for which an infringement notice may be given under s.31B of the Act. Regulation 12 sets the modified penalty for the listed offences in Schedule 2. Schedule 3 prescribes the form of an infringement notice (Form 1) and the form for withdrawal of an infringement notice (Form 2) (regulation 13-14). Form 1 explicitly provides the alleged offender with a procedural election: pay the modified penalty within 28 days to avoid prosecution, or sign and return the notice to elect court prosecution. The Form also explains enforcement consequences of non‑payment under the Fines, Penalties and Infringement Notices Enforcement Act 1994 (Schedule 3, Form 1). Regulated parties thus have clear procedural routes: pay the modified penalty, elect prosecution, or apply to the authorised person to withdraw the infringement notice within 28 days on stated grounds.

Right of continuity of notification until replaced (regulation 3A(2)). A notification has continuing effect: notification of a price for a particular day takes effect as notification for each subsequent day until a beginning of a day for which the Commissioner has been notified of a different price (regulation 3A(2)). This creates a default right for retailers to rely on previously notified prices until they choose to notify a change. Practically, that is both a right and a compliance constraint: a retailer who neglects to notify a change may inadvertently continue to be bound by an already-notified price.

Geographic exemptions and limitations (regulation 4). Regulation 3(1) does not apply to places outside the Perth metropolitan region that are not in Schedule 1 (regulation 4). This provides eligible retailers with a territorial exemption from the regulated retail-price notification obligation; the scope of that exemption is a function of the definition of Perth metropolitan region (regulation 2AA) and the contents of Schedule 1.

Record-keeping and technical duties. While the Regulations do not prescribe a formal separate record-keeping regime beyond the upload and invoice requirements, the practical effect of the duties , daily notifications, persistence of notifications, monthly uploads, and invoice detail obligations , means regulated parties must maintain contemporaneous records of notifications, online upload confirmations, and invoicing components to substantiate compliance if challenged. The prescribed forms for infringement notices and withdrawals are also administrative touchpoints that create obligations to respond within fixed periods (Schedule 3).

Statutory penalties and enforcement consequences (regs 3(1), 6(1); Schedule 2; Schedule 3). The regulations establish criminal penalties (maximum fines in regs 3(1) and 6(1)), and they embed a modified‑penalty enforcement path (Schedule 2 and Schedule 3). A person alleged to have committed an offence has the right to choose court prosecution (by return of the signed Form 1) instead of paying the modified penalty, and where an infringement notice is issued, an application for withdrawal may be made within 28 days (Schedule 3, Form 1 and Form 2).

In sum, the Regulations create clear, operational duties on timing, method and content of price notifications and displays; they create a public administrative interface via FuelWatch and Gazette instruments; and they provide regulated parties statutory procedural choices when enforcement action is taken.

The Regulations establish a dual enforcement architecture combining maximum court fines for key offences with a targeted infringement-notice and modified-penalty regime for a range of statutory offences under the Act and the Regulations.

Court-level maximum fines. For the core retail price and display obligations, regulation 3(1) and regulation 6(1) set maximum criminal penalties payable on conviction in court: for an individual $20,000 and for a body corporate $100,000. These are separate from the infringement-notice system and represent the upper-end criminal sanction available to prosecutors.

Infringement-notice and modified penalties (Part 3 and Schedule 2). Regulations 11 and 12 operationalise s.31B and s.31C of the Petroleum Products Pricing Act 1983 by prescribing (a) the offences for which an infringement notice may be given (Schedule 2) and (b) the modified penalties applicable to those offences (Schedule 2). Schedule 2 lists a series of offences under the Act (s.11(1), s.14(1), s.14(2), s.17, s.21, s.22B, s.22E(1), s.22E(2), s.22E(4), s.22F(2), s.27(5)(a), s.27A(5)(a)) each with a $4,000 modified penalty, and also lists contraventions of the Regulations r.3(1) and r.6(1) with a $4,000 modified penalty. The schedule therefore creates a uniform standard modified penalty ($4,000) for a wide class of pricing and compliance failures.

Prescribed forms and process (regulations 13-14; Schedule 3). The Regulations prescribe the form of the infringement notice (Schedule 3 Form 1) and the form of a withdrawal of an infringement notice (Schedule 3 Form 2). Form 1 lays out procedural matters, including the 28-day period for payment of the modified penalty to avoid prosecution, the option to elect prosecution by signing and returning the form, and the consequences of non-payment, with an explicit cross-reference to enforcement actions available under the Fines, Penalties and Infringement Notices Enforcement Act 1994 (for example: suspension or cancellation of driver’s or vehicle licences, garnishee, seizure and sale of property; Schedule 3, Form 1). Form 2 provides the mechanism and content required for the authorised person to withdraw an infringement notice and for an alleged offender to claim a refund where payment has already been made.

Enforcement actors. The Commissioner is the recipient of notifications and the administrative office-holder who can make Gazette orders (reg 3A and reg 6) shaping the regimes for notification and exemptions. Authorised persons issue infringement notices on the prescribed form and sign them (Schedule 3). Prosecution in court remains an available route where the alleged offender chooses to contest the matter or where a modified penalty is not paid.

Interaction with the Fines enforcement regime. Schedule 3 Form 1 explicitly warns that failure to pay a modified penalty within 28 days may lead to prosecution or enforcement under the Fines, Penalties and Infringement Notices Enforcement Act 1994. That Act provides a robust enforcement toolkit for collections and sanctions, including licence suspensions and garnishee orders. The effect is that non-payment of a modified penalty has administrative enforcement consequences beyond the primary Act’s criminal regime.

Penalty levels and practical enforcement incentives. The Regulations’ design sets a high potential court fine (up to $100,000 for corporations for core retail and display offences) while creating a relatively lower and standardised modified penalty ($4,000) for numerous breaches. Operationally, this creates an incentive structure where regulators may utilise the infringement-notice process for routine or straightforward breaches (quick remediation via a $4,000 payment) and reserve prosecution for deliberate, persistent or serious breaches where higher deterrent fines are sought or where contested facts require court adjudication.

Procedural time limits and evidential implications. The specified notification time window (8.30 a.m. to 2.00 p.m. on the day before, unless the Commissioner fixes different times by Gazette order , reg 3A(1) and (3)) and the persistence rule (reg 3A(2)) mean that evidence of compliance will typically hinge on records of upload or telephone call logs, FuelWatch receipts, and the dates recorded on Form 1 where enforcement is pursued. For suppliers and terminal operators, the 14-day reporting window for monthly details (reg 10(2)) creates an additional compliance clock that enforcement can measure.

Exemption and discretion risks. The Commissioner may exempt a place from the display requirement for exceptional circumstances and may revoke exemptions (reg 6(6)). This discretion creates an administrative compliance pathway for regulated parties who can apply for or rely on a Gazetteed exemption, but it also introduces an element of administrative unpredictability and a process dependence on the Commissioner’s exercise of discretion.

Summary. Enforcement is bifurcated: (a) court prosecutions with high maximum fines for contraventions of the core duties, and (b) a standardised infringement-notice regime for a list of specified offences, with a $4,000 modified penalty and the attendant enforcement consequences under the Fines Act if unpaid. Prescribed forms and the FuelWatch upload/telephone records are the primary evidential bases for proving compliance or breach.

The Regulations are explicitly designed to operate in tandem with the Petroleum Products Pricing Act 1983 (the Act) and with other statutes that provide definitional and enforcement context. The primary interfaces and cross-references are as follows.

Petroleum Products Pricing Act 1983 (the Act). The Regulations implement and operationalise multiple provisions of the Act. They reference specific sections of the Act that impose upstream duties on suppliers and create the offence architecture that the Regulations manage administratively. Notable Act-references in the Regulations include s.22B (notifications of proposed price changes at declared terminals , implemented by reg 7), s.22E (invoice requirements and details of price differences , implemented by regs 9 and 10), s.12 (orders fixing maximum prices which appear in reg 9’s instruction to show differences between relevant prices and maximum prices fixed by order under s.12), and enforcement provisions related to infringement notices (s.31B, s.31C, s.31E referenced in regs 11-14). Schedule 2 lists numerous offences under the Act (for example s.11(1), s.14(1), s.14(2), s.17, s.21, s.22B, s.22E(1), s.22E(2), s.22E(4), s.22F(2), s.27(5)(a), s.27A(5)(a)) and attaches the modified penalty architecture to those Act offences.

Fines, Penalties and Infringement Notices Enforcement Act 1994. This legislation is integrated indirectly through the content of the prescribed Form 1 (Schedule 3) which warns recipients of the enforcement actions available under that Act should a modified penalty remain unpaid. The consequence is that non-payment of a modified penalty under these Regulations can trigger administrative enforcement actions established under the Fines Act, such as licence suspensions, garnishee orders and seizure and sale of property (Schedule 3, Form 1).

Planning and Development Act 2005 and Land Administration Act 1997 (definitions). The Regulations borrow statutory definitions from other statutes for geographic scope: the “Perth metropolitan region” is defined by reference to the Planning and Development Act 2005 s.4(1) and the term “townsite” is tied to treatment under the Land Administration Act 1997 (regulation 2AA). These cross-references mean that the territorial reach of the notification and display rules depends in part on other Acts’ definitions and boundaries.

Gazettal and administrative law. The Commissioner’s power to fix notification periods, manner and form, and to grant exemptions is exercisable by Gazette order (regulation 3A(3) and reg 6(6)). That ties procedural variations and exemptions to an open and published administrative instrument, and those decisions will fall within administrative law review if challenged. The Gazetteed orders and exemptions are therefore formal administrative acts capable of external review and subject to statutory publication requirements.

The FuelWatch website and IT systems. The Regulations make the Commissioner’s FuelWatch website an operational hub for compliance by retailers and suppliers: notification and reporting duties under regs 3A, 7 and 10 are expressly satisfied via the FuelWatch website (or the backup telephone number for retailers under reg 3A(1)(b)(i)). This operational reliance creates an interface between the statutory rules and the Commissioner’s technical systems and requires regulated parties to use that public digital portal to fulfil statutory duties; IT outage risks and the Commissioner’s Gazette powers to fix methods are relevant interacting points.

Invoice and commercial documentation obligations. Regulation 9 requires invoices to describe components of price differences with sufficient particularity and to express amounts so cumulative effects are readily quantified. This interacts with general commercial law and accounting practices because suppliers and terminal operators must ensure that their invoicing systems produce the specific, componentised disclosures the Regulations require, and that those disclosures reconcile to accounting records that may be required under other statutes or by contractual counterparties.

Overlap with other consumer protection and competition regimes. While the Regulations themselves do not expressly cross-reference competition law or general consumer protection statutes, the enactment touches on pricing transparency and could interact practically with obligations under other consumer‑facing statutes (for example Fair Trading legislation) where deceptive, misleading or unconscionable pricing conduct is alleged. The Regulations do, however, specifically identify enforcement consequences under the Fines Act and insert their own criminal and administrative penalty architecture linked to the Act.

Amendment history and transitional defences. The compilation table and other notes show a sequence of amendments that have changed procedural details, added definitions and adjusted operational rules over time. The “other notes” section records historical transitional-defence provisions that applied at earlier amendment dates to provide temporary protection for retailers during sign-availability transition periods; those were time‑limited and are retained in the compilation notes for historical reference. This shows an interface with the general legislative practice of providing transitional relief when new obligations are first imposed.

Summary. The Regulations are tightly integrated with the Act they support, rely on the FuelWatch administrative portal, borrow definitions from other statutes to fix geographic reach, and link to the Fines enforcement machinery for collection and sanction. Compliance therefore requires coordinated attention to multiple statutory instruments and administrative orders and to the Commissioner’s public notices and Gazette amendments.

The Regulations have a recorded amendment path spanning the period from their original publication in 2000 through a sequence of amendments that update operational procedures, definitions and geographic scope. The compilation table and internal marginal notes within the Regulations specify the major insertion and amendment events and the dates on which different provisions came into force. The following is a source-grounded chronology of key changes recorded in the compilation.

Initial enactment and early 2001 amendments. The Petroleum Products Pricing Regulations 2000 were published on 29 December 2000 with a commencement date of 1 January 2001 (compilation table). Significant amendments were made in 2001: the July 2001 amendments inserted Part 2 Division 1 definitions and the price display regime (Gazette 11 Jul 2001 p. 3459) and coverage was extended by later 2001 instruments (Gazette entries of Aug, Nov and Dec 2001 noted in the compilation table).

Insertion of notification and FuelWatch procedures. Regulation 3A (Requirements for giving notification) was inserted by the 23 August 2001 amendment (Gazette 23 Aug 2001 p. 4379-80). That amendment set out the initial notification window and the dual modes (telephone and website), and gave the Commissioner power to fix alternative periods and manners by Gazette order (reg 3A(3)-(5)). The link to the FuelWatch website was embedded through this instrument.

Price display and transitional defences. Regulation 6 (retailer to display retail prices) was inserted 11 July 2001 with follow-up amendments in late 2001 altering aspects of transitional arrangements and exemption carve-outs. The “Other notes” section records a set of transitional-defence provisions that were inserted in early amendments (Petroleum Products Pricing Amendment Regulations 2001 and No.4 2001, and the 2003 amendment) that provided a limited defence during transitional periods for retailers who lacked necessary signage despite taking reasonable steps. Those transitional provisions were time-limited and are recorded in the “other notes” as historical items.

Ongoing geographic updates and Schedule 1 changes. Schedule 1 (places where regs 3(1) and 6 apply) has been amended several times (see Gazette entry dates against Schedule 1 and the compilation table), with notable amendments recorded in 2003, 2006, 2015, 2016, 2017, 2018, 2020 and 2025 (Gazette references in the Schedule 1 header). These periodic changes have adjusted the list of local government districts, localities and townsites to which the display and notification obligations apply.

Modernisation amendments and FuelWatch as mandatory channel. In 2014 and later, the Regulations were amended to reflect online upload processes. Regulation 7 (How to notify Commissioner of price changes) and regulation 10 (Notifying Commissioner of price differences) were updated to prescribe direct uploading using the Commissioner’s FuelWatch website (reg 7: inserted 11 Jul 2001, amended 18 Nov 2014; reg 10: inserted 11 Jul 2001). The 2014 amendments and the 2018-2020 amendments modernised the operational interface to require or clarify online uploads.

Infringement notices and modified penalties. Part 3 (Infringement notices and modified penalties) was inserted 9 Nov 2001 (Gazette 9 Nov 2001 p. 5925) and Schedule 2 (prescribed offences and modified penalties) was inserted later: Schedule 2 itself was added 22 Sep 2006 (Gazette 22 Sep 2006 p. 4125) and has been amended since; the compilation table records amendments in 2014, 2020 and 2026 (SL 2026/41 r.7). Schedule 3 (Forms) was inserted 15 Aug 2014 (Gazette 15 Aug 2014 p. 2934) and later amended.

Definition insertions and clarifications. Regulation 2AA, defining “Perth metropolitan region” and “townsite” by reference to other Acts, was inserted 17 Oct 2017. Regulation 2A, defining “day” and clarifying that “retail sale” excludes “exempt sale”, was inserted 23 Aug 2001 and amended 2020 (SL 2020/34 r.4), reflecting ongoing definitional sharpening.

Recent amendments and uncommenced provisions. The compilation table records the Petroleum Products Pricing Amendment Regulations 2025 (SL 2025/11) and the Petroleum Products Pricing Amendment Regulations 2026 (SL 2026/41). The 2026 instrument has parts that commenced in April 2026 and parts (r.4-6) listed in the uncommenced provisions table as commencing 1 May 2026. The Schedule 2 entry shows a SL 2026/41 amendment adding or modifying listed offences and penalties (compilation table note “SL 2026/41 r. 7” appears against Schedule 2). The Schedule 1 header also records many amendment dates including SL 2025/11 and SL 2026/41, indicating the list of places has been recently revised.

Administrative practice changes via Gazette orders. Regulation 3A(3) and regulation 6(6) allocate to the Commissioner the power to fix notification periods and to exempt places from display requirements by Gazette order; the compilation table and multiple Gazette entries evidence frequent use of the Gazette to record amendments and administrative changes. Practitioners must therefore check the Gazette and the FuelWatch portal for current operational rules in addition to the consolidated Regulations.

Summary. The Regulations have been periodically amended to respond to operational needs: (a) the insertion of the FuelWatch-based online upload route and telephone alternative, (b) the addition of the infringement-notice machinery and specified modified penalties, (c) ongoing updating of the list of places in Schedule 1, and (d) definitional clarifications. The compilation table documents a continuous amendment history from 2001 through 2026 and records an uncommenced portion of the 2026 amendment scheduled for 1 May 2026.

The legislative text and its compilation notes do not record any reported litigation or judicial determinations arising under these Regulations. The instrument itself contains no case citations, and the “Notes” and compilation table list amendment instruments, Gazette notices and transitional provisions but do not describe court decisions or statutory judicial interpretation.

What the Regulations do document is the enforcement mechanism available to regulators, and the procedural options available to alleged offenders. Schedule 3, Form 1, explicitly sets out the choices for an alleged offender served with an infringement notice: either pay the modified penalty within 28 days to avoid prosecution, or sign the notice and elect to have the matter prosecuted in court (Schedule 3, Form 1). That process anticipates that matters may be litigated, but the compiled text provides no record of particular prosecutions, convictions, contested legal issues, or appellate rulings.

Practitioners should note these points arising from the Regulations that could be relevant to litigation risk and evidential strategy, even though the compilation contains no litigation record:

• Evidence of compliance or breach will typically turn on administrative records: FuelWatch upload logs, telephone notification records, on-site price-display photographs or inspection reports, invoices showing component breakdowns as required by regulation 9, and Gazetteed orders/exemptions. The Regulations explicitly make the FuelWatch site the statutory channel for certain notifications and uploads (regulations 3A, 7 and 10) which means server logs and uploaded documents are likely to be central evidential items.

• The Regulations permit both criminal prosecution (with statutorily specified maximum fines in regulations 3(1) and 6(1)) and administrative enforcement via infringement notices (Schedule 2). The statutory forms set out procedural mechanisms and cross-reference enforcement powers under the Fines, Penalties and Infringement Notices Enforcement Act 1994; practitioners anticipating litigation should expect the State to have administrative enforcement options in addition to criminal prosecution.

• The Commissioner has discretion to fix notification periods and manners by Gazette order (regulation 3A(3)) and to exempt places from display obligations for exceptional circumstances (regulation 6(6)). Administrative law challenges to the exercise of those discretions would be the natural judicial path for disputing adverse administrative decisions, although the Regulations themselves do not record any judicial outcomes.

• The definition of certain terms is moved into the Act or other statutes. For example, “exempt sale” is excluded from the definition of “retail sale” (regulation 2A) but is not defined in the Regulations; the Act must be consulted to determine the meaning and potential defence. Litigation on that statutory interface could arise where a supplier or retailer claims an exemption.

Because the compilation does not record litigation, practitioners should treat the absence of reported cases in the text as an absence of information in this source, not as confirmation that the regime has not been litigated. To identify any contested judicial interpretations and precedents, a separate case-law search in West Australian courts (and any national courts where relevant) would be required.

This section lists practical, source-based pitfalls and non-obvious compliance traps that regulated parties and advisers should attend to when working under the Regulations.

Time-window and “day” definition. The notification window in the default rule is narrow: unless the Commissioner has fixed a different period by Gazette order, notifications under regulation 3(2) must be given during the period beginning at 8.30 a.m. and ending at 2.00 p.m. on the day before the day for which the price is notified (regulation 3A(1)(a)). Coupled with the definition of “day” as a 24-hour period beginning immediately after 6.00 a.m. (regulation 2A), this creates a specific coverage period for which the notification must be made and recorded. Retailers that rely on delayed internal decision processes or on remote price-setting could miss the window, and a late notification is a compliance breach.

Notification persistence risk. Regulation 3A(2) provides that a notified price for a particular day continues to apply to subsequent days until a different price is notified. This persistence is operationally convenient but creates a liability risk: if a business intends the price to change or if a manual error occurs, the previously notified price will continue in effect until replaced by a fresh notification. The practical consequence is that a failure to actively notify a change creates continued binding effect and potential contravention if a retailer sells at a different price from what remains notified.

Manner of notification can change by Gazette. The Commissioner may by Gazette order fix the period, manner and form for giving notifications (regulation 3A(3)), and may revoke such orders (regulation 3A(5)). Regulated parties cannot rely solely on the default telephone/website modes and must monitor Gazette notices and Commissioner orders for procedural changes. Failure to follow a newly Gazetteed method could be a breach even if the operator used the default route.

FuelWatch as primary channel and IT outage exposure. Several duties require upload via the Commissioner’s FuelWatch website (regulations 7 and 10(1)); reg 3A also permits website notification. Where statutory notification is tied to an IT portal, outages, server errors, or authentication failures can create operational exposure. The Regulations do not specify a statutory fallback if the FuelWatch site is unavailable, other than permitting the Commissioner to fix the manner and form by order (reg 3A(3)). Practically, this means operators should keep proof of attempted uploads and use the telephone option where available, and seek written confirmation from the Commissioner if technical issues prevent compliance.

Geographic complexity and Schedule 1 coverage. The carve-out in regulation 4 excludes regulation 3(1) for places outside the Perth metropolitan region that are not in Schedule 1. Schedule 1 is a long and periodically amended list of local government districts, localities and townsites. Operators need to be precise about their physical location and which list entries apply, and must track Schedule 1 amendments: an area can be added or removed over time and such changes alter regulatory obligations. Confusion between “townsite”, “locality” and local government district in Schedule 1 and the statutory definitions in other Acts (regulation 2AA) is a practical risk.

Display content rules when more than three kinds are offered. Regulation 6(2)(b) contains a specific prioritisation scheme that can be non‑intuitive: if a retailer offers more than three kinds of motor fuel, the display must show prices for three of the kinds offered, and those three must include LPG if offered, the regular unleaded (if only one is regular unleaded), or two regular unleaded prices if multiple regular unleaded petrol products are offered (regulation 6(2)(b)(i)-(iii)). The rule forces prioritisation choices that must be implemented consistently and correctly. Retailers may inadvertently breach the display content rules by choosing the wrong combination of fuels to display.

Legibility and illumination requirement. Regulation 6(3) requires displays to be in a suitable position and illuminated if necessary so that prices and fuel descriptions are clearly legible to passing motorists. The phrase “if necessary sufficiently illuminated” imposes a practical duty to assess visibility at night or in adverse conditions. Signage contractors or site managers who fail to ensure legibility risk infringement even if the numerical price displayed is technically the notified price.

Invoice component disclosure specificity. Regulation 9 requires invoices to describe each component of a price difference with “sufficient particularity” and to express amounts so cumulative effects are readily quantified (regulation 9(1)-(3)). That language demands granular, componentised disclosures on invoices that may require changes to accounting and billing systems. A supplier that provides vague summaries or pooled line items risks breaching the regulation.

Differing penalty regimes and enforcement pathways. The Regulations set high maximum court fines for key contraventions (regs 3(1) and 6(1)) while Schedule 2 prescribes a $4,000 modified penalty for a wide range of offences. Practically, this means that many common lapses will lead to an infringement notice with a $4,000 modified penalty rather than immediate pursuit of maximum fines, but repeat or egregious breaches could still give rise to prosecution. Operators must therefore treat infringement notices seriously and manage the 28-day response clock (Schedule 3, Form 1).

Form and procedural pitfalls. The prescriptions for the infringement notice and withdrawal forms (Schedule 3) contain procedural deadlines and instructions (e.g. 28 days to pay or to request withdrawal). Failure to follow the precise procedural steps, or to provide required evidence with a withdrawal request, can lead to loss of procedural protections.

Undefined cross-references (exempt sale). The Regulations exclude “exempt sale” from the definition of retail sale (regulation 2A) but do not define “exempt sale”. That term is in the Act. Operators relying on an “exempt sale” classification must consult the Act to confirm the statutory definition; incorrectly characterising a sale as “exempt” while it falls within the Act’s definition of retail sale risks non-compliance.

Gazette and FuelWatch monitoring obligation. Several powers (notification periods and exemptions) are exercised by Gazette order or through the Commissioner’s portal. Regulated parties must maintain a practice of monitoring Gazette notices and the FuelWatch site for administrative changes to avoid using obsolete procedures.

In sum, the main “gotchas” are: strict and narrow notification timing; persistence of old notifications until actively replaced; FuelWatch dependency and limited fallback if the system fails; complex display content rules; invoice specificity obligations; geographic boundary complexities; and procedural traps around infringement notices and the 28-day payments/election process.

This section outlines practical, source-grounded compliance steps and an operational checklist for retailers, suppliers and terminal operators subject to the Regulations. It assumes a regulated entity is operating a retail fuel outlet or supplying fuel through declared terminals and is located in a place to which the Regulations apply (check Schedule 1 and regulation 4).

1. Confirm geographic application and definitions

• Check whether your place of sale is inside the Perth metropolitan region or listed in Schedule 1 (regulations 2AA, 4, 5 and Schedule 1). If outside the Perth metropolitan region and not in Schedule 1, regulation 3(1) does not apply (regulation 4). Maintain a current copy of Schedule 1 and watch Gazette amendments listed in the compilation table.
• Verify the meaning of “retail sale” and “exempt sale” by consulting the Petroleum Products Pricing Act 1983, because regulation 2A excludes “exempt sale” but does not define it.

2. Register and test notification channels

• Register for access to the Commissioner’s FuelWatch website and obtain any necessary credentials. The Regulations make FuelWatch the primary upload channel for notifications (reg 3A(1)(b)(ii), reg 7, reg 10(1)).
• Ensure telephone procedures are in place as a backup where applicable, using the dedicated number 1800 445 757 (reg 3A(1)(b)(i)). Keep standard operating procedures (SOPs) for phone notifications including who calls, caller authentication details, and call record retention.
• Test upload functionality and maintain logs or screenshots of successful uploads; FuelWatch logs will be central to evidencing compliance.

3. Implement a price‑setting and notification process

• Establish an internal daily pricing routine that delivers the final permitted standard retail price decision in time to notify the Commissioner in the statutory window: by default between 8.30 a.m. and 2.00 p.m. on the day before the day for which the price is notified (reg 3A(1)(a)). If the Commissioner has fixed a different period by Gazette order, follow that period.
• Create a checklist for the notification content and a confirmation protocol to capture FuelWatch receipts or telephone call reference numbers. Retain copies for the statutory persistence rule and enforcement defence.
• Note that notification of a price for a day continues to apply until a different price is notified (reg 3A(2)). If you intend a price to change on a particular day, ensure a fresh notification is lodged in the required window.

4. Ensure price display compliance at the retail site

• For places where regulation 6 applies, install price displays that comply with content, positioning and illumination requirements (reg 6(1)-(4)). If three or fewer kinds of motor fuel are offered display the standard retail price for each (reg 6(2)(a)). If more than three kinds are offered, display three prices following the prioritisation rules to include LPG and regular unleaded where applicable (reg 6(2)(b)(i)-(iii)).
• Confirm that displays are legible to passing motorists and are adequately illuminated if necessary (reg 6(3)). Maintain photographic records of displays at multiple times of day as contemporaneous evidence of compliance.
• If signage is outsourced, ensure contracts include rapid update capabilities to reflect notified prices and allocate responsibility for the correct selection of the three kinds to display where more than three kinds are sold.

5. Prepare invoice and reporting systems

• Modify invoice templates to include the component-level breakdown required by regulation 9 where s.22E(2) of the Act applies: each component description and amount must be sufficiently particular and expressed so cumulative effects can be quantified (reg 9(1)-(3)).
• Implement accounting procedures that tag and reconcile the invoice components to source costs and terminal prices so the supplier can substantiate the invoice breakdown if audited.
• For monthly reporting required under s.22E(4), implement a monthly upload routine to FuelWatch within 14 days after the end of each calendar month (reg 10(2)). Maintain evidence of uploads and a reconciliation between the uploaded reports and invoicing records.

6. Record-keeping and evidence retention

• Keep contemporaneous records of each notification (FuelWatch upload confirmations and telephone call logs with timestamps), evidence of price displays (photos, maintenance logs), invoice copies showing the required component breakdowns, and copies of monthly uploads (regulations 3A, 6, 9 and 10).
• Retain records longer than the immediate reporting period to enable defence against infringement notices or prosecutions; administrative evidence will drive outcomes in enforcement actions.

7. Monitor Gazette orders and Commissioner notices

• Subscribe to the WA Government Gazette and the Commissioner’s public notices to track any changes to the notification period, manner and form (reg 3A(3)), or any exemptions granted under reg 6(6). Keep a compliance calendar to note when Gazette orders take effect.
• If the Commissioner issues a Gazette order changing notification procedures, update SOPs and staff training immediately.

8. Prepare for enforcement interactions

• Train staff on the receipt and immediate handling of an infringement notice, including the 28-day deadline to pay the modified penalty or to elect prosecution (Schedule 3, Form 1). Establish a decision protocol for whether to pay, contest, or seek withdrawal.
• If you intend to seek withdrawal of an infringement notice, follow the content and timing requirements set out in Schedule 3, Form 1 and Form 2 and provide the evidence required for withdrawal within 28 days.

9. Apply for exemptions where applicable

• If “exceptional circumstances” exist that justify exemption from the display requirement, apply to the Commissioner for an exemption by the procedure set out in reg 6(6), and monitor for Gazette publication of a decision. Keep supporting documentary evidence to explain the exceptional circumstances.

10. Manage technical and third-party dependencies

• Implement technical redundancy for upload and notification (dual IT links, telephone backup), and a change-control process to ensure signage updates synchronise with FuelWatch notifications.
• Contractually require third-party signage and software vendors to indemnify or at least cooperate on enforcement matters and to provide service-level guarantees for sign updates tied to FuelWatch notifications.

11. Legal and compliance review

• Regularly review the Act and Regulations with legal counsel, particularly in relation to the definition of “exempt sale”, the precise content requirements for invoices under s.22E and regulation 9, and any operational changes recorded in Gazette orders or FuelWatch practice notes.
• Consider routine internal audits of FuelWatch notification logs, invoice componentisation and price-display accuracy to identify recurring risks and remediate gaps before enforcement action.

12. Contingency planning for system outages

• Document attempted upload evidence, time-stamped communications with the Commissioner and any immediate remedial steps taken if FuelWatch is unavailable. Where a technical failure prevents compliance, promptly notify the Commissioner and record the exchange.

This checklist focuses on the obligations and mechanisms specified in the Regulations themselves (regs 3, 3A, 6, 7, 9, 10, Schedule 2 and Schedule 3). It is operationally practical to integrate these steps into daily retail and supplier workflows to reduce the risk of infringement notices or prosecution.