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SR 1984 No. 95 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Repealed by Enabling provision repealed by Liquid Fuel Emergency Amendment Act 2007 (Act No. 86 of 2007).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. 95*1* GUIDELINES UNDER SUB-SECTION 12 (1) OF THE LIQUID FUEL
EMERGENCY
ACT 1984

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

1984 No. 95 GUIDELINES UNDER SUB-SECTION 12 (1) OF THE LIQUID FUEL EMERGENCY
ACT 1984 - REG 1
Interpretation

1. (1) In these Guidelines, unless the contrary intention appears-
"month" means a month of the year;
"the Act" means the Liquid Fuel Emergency Act 1984.

(2) In these Guidelines, a reference, in relation to a liquid fuel of a particular kind, to the prescribed quantity in respect of a relevant fuel industry corporation shall be read as a reference to the quantity of reserve supplies of liquid fuel of that kind-
(a) that should be maintained in Australia by the corporation at all times prior to the making of a declaration by the Governor-General that a national liquid fuel emergency will exist; or
(b) that should be accumulated in Australia by the corporation prior to the making of such a declaration and thereafter be maintained in Australia by the corporation at all times prior to the making of such a declaration.


1984 No. 95 GUIDELINES UNDER SUB-SECTION 12 (1) OF THE LIQUID FUEL EMERGENCY
ACT 1984 - REG 2
Quantity of reserve supplies of liquid fuel

2. (1) The prescribed quantity of liquid fuel of a particular kind in respect of a relevant fuel industry corporation shall, subject to sub-clause (3), be such proportion of the total quantity of liquid fuel of that kind that, in accordance with the policy for the time being of the Australian Government, is to be stockpiled as reserve supplies in Australia as must be kept by the corporation to ensure that, during a period of national liquid fuel emergency, distribution of the liquid fuel to customers of the corporation will be effected so as to achieve, as far as possible, the objectives of the Australian Government.

(2) For the purpose of ascertaining, in accordance with sub-clause (1), the prescribed quantity of liquid fuel of a particular kind in respect of a relevant fuel industry corporation, regard shall be had to-
(a) the ratio that the quantity of liquid fuel of that kind supplied by the corporation to its customers during the period of one year immediately preceding the month in which a direction under sub-section 12 (2) of the Act to maintain, or to accumulate and thereafter maintain, the prescribed quantity of liquid fuel of that kind is to be given to the corporation bears to the total quantity of liquid fuel of that kind supplied during that period to persons in Australia; and
(b) the normal distribution system and stockholding pattern of the corporation.


(3) In determining the prescribed quantity of liquid fuel of a particular kind in respect of a relevant fuel industry corporation-
(a) account shall, as far as possible, be taken of the maximum quantity of liquid fuel of that kind that can be maintained, or accumulated and thereafter maintained, by the corporation, at the place or places at which it would, if a direction were given by the Minister under sub-section 12 (2) of the Act, be required to maintain, or accumulate and maintain, reserve supplies of that liquid fuel, without its competitive position in relation to other relevant fuel industry corporations that are, or will be, required to maintain, or to accumulate and thereafter maintain, liquid fuel of that kind being adversely affected to any significant degree; and
(b) every attempt shall, as far as possible, be made to ensure that the relevant ratio in relation to the costs that would be incurred by the corporation in maintaining during such period as the Minister may, subject to sub-clause (5), from time to time determine, or in accumulating and thereafter maintaining during that period, that quantity of liquid fuel of that kind is not significantly higher or less than the ratio that is the relevant ratio in relation to the costs that would be incurred during that period by any other relevant fuel industry corporation that is or will be required to maintain, the prescribed quantity of liquid fuel of that kind in respect of that other corporation.


(4) In paragraph (3) (b), "relevant ratio", in relation to the costs incurred by a relevant fuel industry corporation in maintaining during a particular period, or accumulating and thereafter maintaining during that period, the prescribed quantity of liquid fuel of a particular kind in respect of the corporation, means the ratio that those costs bear to the costs incurred by the corporation in maintaining, distributing and marketing the quantity of liquid fuel of that kind that it makes available to its customers during that period.

(5) The Minister shall, before determining a period for the purposes of paragraph (3) (b), have regard to any views expressed by relevant fuel industry corporations in relation to the length of the period.

1984 No. 95 GUIDELINES UNDER SUB-SECTION 12 (1) OF THE LIQUID FUEL EMERGENCY
ACT 1984 - REG 3
Places at which liquid fuel is to be kept

3. (1) Subject to sub-clause (2), where a relevant fuel industry corporation is to be required to maintain or to accumulate and maintain, as the case may be, particular quantities of reserve supplies of liquid fuel of a particular kind prior to the making by the Governor-General of a declaration that a national liquid fuel emergency will exist, the corporation should, as far as possible, be required to maintain, or to accumulate and thereafter maintain, those reserve supplies at those places from which they can be distributed in the most efficient manner to the present or prospective customers of the corporation.

(2) Where a relevant fuel industry corporation already possesses storage facilities for liquid fuel of the kind in respect of which it is required to maintain, or to accumulate and maintain, reserve supplies, those storage facilities should, as far as possible, be utilized.

1984 No. 95 GUIDELINES UNDER SUB-SECTION 12 (1) OF THE LIQUID FUEL EMERGENCY
ACT 1984 - REG 4
Period within which liquid fuel is to be accumulated

4. Where a relevant fuel industry corporation is to be required to accumulate, prior to the making of a declaration by the Governor-General that a national fuel emergency will exist, at a particular place, a quantity of reserve supplies of liquid fuel of a particular kind, the period within which the corporation is to be required so to accumulate that quantity of reserve supplies-
(a) shall be such as is reasonably necessary to accumulate at the particular place that quantity of liquid fuel of that particular kind, regard being had to-
(i) the storage facilities that the corporation possesses at that place;
(ii) the necessity (if any) for the corporation to acquire storage facilities or additional storage facilities at that place; and
(iii) the facilities available to the corporation for the transportation to that place of the quantity of liquid fuel of that kind; and
(b) shall be sufficient to allow the corporation to comply with the requirements without undue financial burdens being imposed on it.