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SR 1984 No. 93 Guides & Guidelines as made
Principal Guidelines
Tabling HistoryDate
Tabled HR31-May-1984
Tabled Senate31-May-1984
Gazetted 30 May 1984
Date of repeal 22 Dec 2007
Repealed by Enabling provision repealed by Liquid Fuel Emergency Amendment Act 2007 (Act No. 86 of 2007).

1984 No. 93*1* GUIDELINES UNDER SUB-SECTION 21 (1) OF THE LIQUID FUEL
EMERGENCY
ACT 1984

*1* Notified in the Commonwealth of Australia Gazette on 30 May 1984.

1984 No. 93 GUIDELINES UNDER SUB-SECTION 21 (1) OF THE LIQUID FUEL EMERGENCY
ACT 1984 - REG 1

1. In these Guidelines, unless the contrary intention appears-
"prescribed product" means a refined liquid petroleum product of one of the following kinds:


(a) aviation gasoline;
(b) motor spirit;
(c) aviation turbine fuel;
(d) lighting kerosine;
(e) heating oil;
(f) power kerosine;
(g) automotive distillate;
(h) industrial diesel fuel;
(j) liquid petroleum gas;
(k) fuel oil;
(l) bitumen;
(m) naphtha;
(n) lubricating oil;
(o) lubricating grease;
"the Act" means the Liquid Fuel Emergency Act 1984.


1984 No. 93 GUIDELINES UNDER SUB-SECTION 21 (1) OF THE LIQUID FUEL EMERGENCY
ACT 1984 - REG 2
Calculation of quantities of prescribed product to be made available by
corporations to bulk customers

2. The quantity of a prescribed product that, in the event that the Governor-General declares that a national liquid fuel emergency will exist, would be required to be made available by a relevant fuel industry corporation during a planning period in relation to that period of national liquid fuel emergency to each person or organization that is, in relation to the prescribed product, a bulk customer of the corporation shall be a function of-
(a) the quantity of the prescribed product that the person or organization would, in normal circumstances, be likely to purchase from the corporation during the month in which, if the Governor-General declares that the national liquid fuel emergency will exist, the planning period would, in accordance with the relevant determination of the Minister under section 9 of the Act, commence, being-
(i) in the case of a person or organization that has, during a period of not less than 3 months immediately preceding the month in which the period of national emergency commences, regularly purchased the prescribed product from the corporation-that quantity as ascertained in accordance with the principles set out in Schedule 1; or
(ii) in any other case-that quantity as determined by the Minister, having regard to the nature and extent of the activities for the purposes of which the prescribed product will be required by the person or organization;
(b) the percentage that, for the purposes of the allocation of the prescribed product during the planning period, is applicable, in accordance with the principles set out in Schedule 2, in respect of the class of persons and organizations in which the person or organization is included; and
(c) the length of the planning period.


1984 No. 93 GUIDELINES UNDER SUB-SECTION 21 (1) OF THE LIQUID FUEL EMERGENCY
ACT 1984 - SCHEDULE 1

SCH

SCHEDULE 1
PRINCIPLES FOR THE PURPOSES OF PARAGRAPH 2 (a)
1. In this Schedule, unless the contrary intention appears-
"month" means a month of the year;
"prescribed month" means-
(a) in relation to a period of national liquid fuel emergency-the month,
being a month in the year immediately preceding the year in which the period of
national liquid fuel emergency commences, that corresponds to the month in which
the period of national liquid fuel emergency commences; and
(b) in relation to a planning period in relation to a period of national
liquid fuel emergency-the month, being a month in the year immediately preceding
the year in which the planning period commences, that corresponds to the month
in which the planning period commences;
"year" means a period of 12 months commencing on 1 January.

2. The quantity of a prescribed product that a person or organization that is,
in relation to the prescribed product, a bulk customer of a relevant fuel
industry corporation would, in normal circumstances, be likely to purchase from
the corporation during any month (in this Schedule referred to as the "relevant
month") that is the month in which a planning period in relation to a period of
national liquid fuel emergency commences shall, subject to clause 3, be
ascertained by-
(a) determining the average quantity of the prescribed product purchased
monthly by the person or organization from the corporation during the period of
3 months immediately preceding the month in which the period of national liquid
fuel emergency commences; and
(b) in the case of a person or organization that has purchased the prescribed
product from the corporation during a period of not less than 15 months
immediately preceding the month in which the period of national liquid fuel
emergency commences-adjusting the quantity determined in accordance with
paragraph (a) in relation to that person or organization regard being had to the
ratio that the first of the following quantities bears to the other:
(i) the quantity of the prescribed product purchased by the person or
organization from the corporation during the period of 3 months that comprises-
(A) the prescribed month in relation to the planning period;
(B) the month immediately preceding that month; and
(C) the month immediately succeeding that month;
(ii) the quantity of the prescribed product purchased by the person or
organization from the corporation during the period of 3 months immediately
preceding the prescribed month in relation to the period of national liquid fuel
emergency.


3. (1) Where it appears, in relation to a person in relation to whom or an
organization in relation to which a quantity of a prescribed product has been
ascertained under clause 2, that the requirements of the person or organization
for the prescribed product during the relevant month would, in normal
circumstances, be likely to be affected by factors that, by reason of their
nature, have not affected the quantity of the prescribed product purchased by
the person or organization from the relevant fuel industry corporation in the
period referred to in paragraph 2 (a) or in the period referred to in
sub-paragraph 2 (b) (i) or (ii), the quantity of the prescribed product
ascertained in accordance with clause 2 in relation to the person or
organization shall, subject to sub-clauses (2), (3) and (4) of this clause, be
adjusted so as to take into account the effect that those factors would be
likely to have on the quantity of the prescribed product that the person or
organization would, in normal circumstances, purchase from the corporation
during the relevant month.

(2) The quantity of a prescribed product ascertained in accordance with clause
2 in relation to a person or an organization shall not be adjusted under this
clause by the quantity being increased or decreased by an amount that exceeds 10
per cent of the quantity unless the adjustment is effected by or with the
approval of-
(a) in the case of a person or organization that has been identified by the
Energy Minister of a State or Territory as an essential user, or high priority
user, of the prescribed product in that State or Territory-that Energy Minister;
or
(b) in any other case-the Minister.


(3) Sub-clauses (1) and (2) do not apply in relation to a person or an
organization that is, in relation to a prescribed product, a bulk customer of a
relevant fuel industry corporation where, by reason of the number of persons or
organizations that are, in relation to the prescribed product, bulk customers of
the corporation, it would not be practicable to adjust, in accordance with those
sub-clauses, the quantity of the prescribed product ascertained in accordance
with clause 2 in relation to the person or organization.

(4) Where quantities of a prescribed product ascertained in accordance with
clause 2 in relation to persons or organizations that are, in relation to the
prescribed product, bulk customers of a relevant fuel industry corporation are
to be adjusted in accordance with this clause, those quantities shall be so
adjusted that the aggregate of those quantities as adjusted shall be equal to
the aggregate of the first-mentioned quantities.

1984 No. 93 GUIDELINES UNDER SUB-SECTION 21 (1) OF THE LIQUID FUEL EMERGENCY
ACT 1984 - SCHEDULE 2

SCH

SCHEDULE 2
PRINCIPLES FOR THE PURPOSES OF PARAGRAPH 2 (b)
1. For the purposes of the allocation of a prescribed product during a
planning period in relation to a period of national liquid fuel emergency, a
percentage shall be applicable in accordance with clause 2 in respect of each of
the following classes of persons and organizations:
(a) classes each comprising persons and organizations that are, in relation
to the prescribed product, bulk customers of relevant fuel industry corporations
and have been identified by the Energy Minister of a particular State or
Territory as essential users of the prescribed product in that State or
Territory;
(b) classes each comprising persons and organizations that are, in relation
to the prescribed product, bulk customers of relevant fuel industry corporations
and have been identified by the Minister as essential users of the prescribed
product in a particular State or Territory;
(c) classes each comprising persons and organizations that are, in relation
to the prescribed product, bulk customers of relevant fuel industry corporations
and have been identified by the Energy Minister of a particular State or
Territory as high priority users of the prescribed product in that State or
Territory;
(d) classes each comprising persons and organizations that are, in relation
to the prescribed product, bulk customers of relevant fuel industry corporations
and have been identified by the Minister as high priority users of the
prescribed product in a particular State or Territory;
(e) a class comprising persons and organizations that are, in relation to the
prescribed product, bulk customers of relevant fuel industry corporations and
have not been identified as essential users, or high priority users, of the
prescribed product in a State or Territory.


2. The percentage that, for the purposes of the allocation of a prescribed
product during a planning period in relation to a period of national liquid fuel
emergency, is applicable in respect of a class of persons and organizations
referred to in clause 1 shall be such percentage as will ensure that the total
quantity of the prescribed product that, in accordance with the relevant
direction made by the Minister under section 21 of the Act, will be made
available for purchase during the planning period by persons or organizations
included in that class of persons and organizations is equal to the quantity
that, in relation to the prescribed product, is the prescribed quantity in
respect of that class of persons and organizations for the planning period.

3. For the purposes of clause 2, the quantity that, in relation to a
prescribed product, is the prescribed quantity for a planning period in relation
to a period of national liquid fuel emergency is:
(a) in respect of a class of persons and organizations that are, in relation
to the prescribed product, bulk customers of relevant fuel industry corporations
and have been identified by the Energy Minister of a particular State or
Territory as essential users of the prescribed product in that State or
Territory-such quantity as is determined by the Minister to be the total
quantity of the prescribed product that should be made available during the
planning period to those persons and organizations in order to ensure that
during the planning period the supply to the community, or to a section of a
community, of those goods or services by reference to which those persons and
organizations have been identified as essential users of the prescribed product
is maintained at the highest possible level regard being had to the
circumstances prevailing during the planning period;
(b) in respect of a class of persons and organizations that are, in relation
to the prescribed product, bulk customers of relevant fuel industry corporations
and have been identified by the Minister as essential users of the prescribed
product in a particular State or Territory-such quantity as is determined by the
Minister to be the total quantity of the prescribed product that should be made
available during the planning period to those persons and organizations in order
to ensure that during the planning period the supply to the community, or to a
section of a community, of those goods or services by reference to which those
persons and organizations have been identified as essential users of the
prescribed product is maintained at the highest possible level regard being had
to the circumstances prevailing during the planning period;
(c) in respect of a class of persons and organizations that are, in relation
to the prescribed product, bulk customers of relevant fuel industry corporations
and have been identified by the Energy Minister of a particular State or
Territory as high priority users of the prescribed product in that State or
Territory-such quantity as is determined by the Minister to be the total
quantity of the prescribed product that should be made available during the
planning period to those persons and organizations in order to ensure that
during the planning period the supply to the community, or to a section of a
community, of those goods or services by reference to which those persons and
organizations have been identified as high priority users of the prescribed
product, although reduced to a level lower than the normal level, is such that
the discomfort, inconvenience or financial difficulties caused to members of the
community by the reduction in the supply of those goods or services is minimized
regard being had to the circumstances prevailing during the planning period;
(d) in respect of a class of persons and organizations that are, in relation
to the prescribed product, bulk customers of relevant fuel industry corporations
and have been identified by the Minister as high priority users of the
prescribed product in a particular State or Territory-such quantity as is
determined by the Minister to be the total quantity of the prescribed product
that should be made available during the planning period to those persons and
organizations in order to ensure that during the planning period the supply to
the community, or to a section of a community, of those goods or services by
reference to which those persons and organizations have been identified as high
priority users of the prescribed product, although reduced to a level lower than
the normal level, is such that the discomfort, inconvenience or financial
difficulties caused to members of the community by the reduction in the supply
of those goods or services is minimized regard being had to the circumstances
prevailing during the planning period;
(e) in respect of the class of persons and organizations that are, in
relation to the prescribed product, bulk customers of relevant fuel industry
corporations and have not been identified as essential users, or high priority
users, of the prescribed product in a State or Territory-the residual quantity
of the prescribed product after the deduction of the aggregate of the quantities
referred to in paragraphs (a), (b), (c) and (d) in relation to the prescribed
product from the total quantity of the prescribed product available for
distribution during the planning period to all persons and organizations that
are, in relation to the prescribed product, bulk customers of relevant fuel
industry corporations.