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SR 1984 No. 96 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Repealed by Enabling provision repealed by Liquid Fuel Emergency Amendment Act 2007 (Act No. 86 of 2007).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. 96*1* GUIDELINES UNDER SUB-SECTION 11 (1) OF THE LIQUID FUEL
EMERGENCY
ACT 1984

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

1984 No. 96 GUIDELINES UNDER SUB-SECTION 11 (1) OF THE LIQUID FUEL EMERGENCY
ACT 1984 - REG 1
Interpretation

1. (1) In these Guidelines, "prescribed product" means a refined liquid petroleum 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.


(2) Without limiting the generality of the expression "essential for the preservation of the health, safety or general welfare of the community" in these Guidelines, the supply of goods or services shall, for the purposes of these Guidelines, be taken to be essential for the preservation of the health, safety or general welfare of the community if a reduction in the provision of those goods or services, or a failure to provide them, would be likely to result in the health, safety or general welfare of members of the community being substantially impaired.

(3) Without limiting the generality of the expression "goods or services the supply of which contributes substantially to the general welfare of the community" in these Guidelines, the supply of goods or services shall, for the purposes of these Guidelines, be taken to contribute substantially to the general welfare of the community if a reduction in the provision of those goods or services, or a failure to provide them, would be likely to cause severe discomfort, inconvenience or financial difficulties to members of the community.

1984 No. 96 GUIDELINES UNDER SUB-SECTION 11 (1) OF THE LIQUID FUEL EMERGENCY
ACT 1984 - REG 2
Essential users

2. (1) A person or an organization shall be taken to be an essential user of a prescribed product in a State or Territory-
(a) if the person or organization-
(i) ordinarily carries on, or proposes to carry on, in the State or Territory, activities that are indispensable for the provision to the community, or to a section of the community, in the State or Territory or in another State or Territory of goods or services the supply of which is essential for the preservation of the health, safety or general welfare of the community or that section of the community;
(ii) is likely to carry on, or to continue to carry on, those activities during the planning period in relation to which the identification of the person or organization as an essential user is to have effect; and
(iii) would be unable to carry on those activities unless the prescribed product was made available to the person or organization; or
(b) where paragraph (a) does not apply, if-
(i) the person or organization will, during the planning period in relation to which the identification of the person or organization as an essential user is to have effect, be unable to carry on, or to continue to carry on, activities (in this paragraph referred to as "normal activities") that the person or organization proposes to carry on, or carries on, in the State or Territory unless the prescribed product is made available to the person or organization; and
(ii) a failure by the person or organization to carry on, or to continue to carry on, those activities during the planning period referred to in sub-paragraph (i) would result in-
(A) the person or organization sustaining substantial financial losses or incurring substantial expenses that would be extremely difficult to recover, being losses or expenses that are substantially in excess of the financial losses sustained or likely to be sustained, or the expenses incurred or likely to be incurred, generally by persons or organizations in the State or Territory or by persons or organizations in the State or Territory included in a class of persons or organizations in which the person or organization is included as a result of their being unable, for the same reason, to carry on their normal activities during the planning period; or
(B) a substantial number of employees (whether of that person or organization or of other persons or organizations) being laid off or dismissed from their employment, being a number that is substantially greater than the average number of employees being laid off or likely to be laid off by a person or organization (as the case may be) in the State or Territory as a result of the circumstances prevailing during the planning period.


1984 No. 96 GUIDELINES UNDER SUB-SECTION 11 (1) OF THE LIQUID FUEL EMERGENCY
ACT 1984 - REG 3
High priority users

3. A person or an organization shall be taken to be a high priority user of a prescribed product in a State or Territory if the person or organization-
(a) is a person or an organization that-
(i) ordinarily carries on, or proposes to carry on, in the State or Territory, activities that are indispensable for the provision to the community, or to a section of the community, in that State or Territory or in another State or Territory of goods or services the supply of which, although not essential for the preservation of the health, safety or general welfare of the community or that section of the community, contributes substantially to the general welfare of the community or that section of the community; or
(ii) ordinarily carries on, or proposes to carry on, in that State or Territory, activities that are indispensable for the provision to the community, or to a section of the community, in that State or Territory or in another State or Territory of goods or services a failure to supply which would increase the magnitude of the shortage of the liquid fuel that is the relevant liquid fuel in relation to the period of national liquid fuel emergency comprising the planning period in relation to which the identification of the person or organization as a high priority user is to have effect;
(b) is likely to carry on, or to continue to carry on, those activities during the planning period in relation to which the identification is to have effect; and
(c) would be unable to carry on those activities unless the prescribed product was made available to the person or organization.