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SR 1984 No. 94 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Repealed by Enabling provision repealed by Liquid Fuel Emergency Amendment Act 2007 (Act No. 86 of 2007).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. 94*1* GUIDELINES UNDER SUB-SECTION 13 (1) OF THE LIQUID FUEL
EMERGENCY
ACT 1984

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

1984 No. 94 GUIDELINES UNDER SUB-SECTION 13 (1) OF THE LIQUID FUEL EMERGENCY
ACT 1984 - REG 1
Interpretation

1. (1) In these Guidelines, unless the contrary intention appears-
"prospective bulk customer", in relation to a relevant fuel industry corporation, means a person or an organization that, in the event that the Governor-General declares that a national liquid fuel emergency will exist, will be likely to be, during the whole or a part of the period of the national liquid fuel emergency, a bulk customer of the corporation in relation to a prescribed product;
"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;
"purchase" means purchase in bulk;
"the Act" means the Liquid Fuel Emergency Act 1984.


(2) In these Guidelines, a reference to a prescribed class of relevant fuel industry corporations is a reference to one of the following classes of relevant fuel industry corporations:


(a) corporations engaged in the refining, distributing and marketing of liquid petroleum products as their principal activities;
(b) corporations engaged in the distributing and marketing of liquid petroleum products as their principal activities.


1984 No. 94 GUIDELINES UNDER SUB-SECTION 13 (1) OF THE LIQUID FUEL EMERGENCY
ACT 1984 - REG 2
Allocation of bulk supplies of prescribed product

2. Bulk supplies of a prescribed product shall be allocated by a relevant fuel industry corporation included in a prescribed class of relevant fuel industry corporations to a prospective bulk customer of the corporation on the basis that the quantity of the prescribed product that the prospective bulk customer will, during a planning period in relation to a period of national liquid fuel emergency, be entitled to receive will be a percentage of 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-
(a) in the case of a prospective bulk customer who 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 the Schedule; or
(b) 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 customer.


1984 No. 94 GUIDELINES UNDER SUB-SECTION 13 (1) OF THE LIQUID FUEL EMERGENCY
ACT 1984 - SCHEDULE

SCH

SCHEDULE
PRINCIPLES FOR PURPOSES OF CLAUSE 2
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 prospective 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) shall not apply in relation to a person
or an organization that is, in relation to a prescribed product, a
prospective 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, prospective 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, prospective 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.