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Fuel Security Act 2021
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Administered by
Department of Climate Change, Energy, the Environment and Water
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C2024C00688 (C02)
14 October 2024
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Part 1—Preliminary
1 Short title
2 Commencement
3 Objects
4 Simplified outline of this Act
5 Definitions
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Part 2—Minimum stockholding obligation
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Division 1—Introduction to this Part
6 Simplified outline of this Part
Division 2—Minimum stockholding obligation
7 Minimum stockholding obligation
8 Additional responsibility of Australian controlling corporation
Division 3—Entities subject to the minimum stockholding obligation
9 Entities subject to the minimum stockholding obligation
10 Triggering the minimum stockholding obligation
11 Ceasing to be subject to minimum stockholding obligation
12 Exemptions
Division 4—Designated quantity of MSO product
13 Designated quantity of MSO product
14 Target number of days for stockholding
15 Notice of quantity of MSO product
16 Entity’s advice about expected designated quantity
17 Application to temporarily reduce quantity of stocks of MSO product
18 Secretary’s decision on temporary reduction application
Division 5—Holding stocks of an MSO product
19 When an entity holds stocks of an MSO product
20 Excluded stocks
21 Stocks that are stored in Australia
22 Holder of stocks: entity owns stocks and no other entity is the holder
23 Holder of stocks: entity entitled to take ownership of stocks and no other entity is the holder
24 Holder of stocks: stocks held, reserved or quarantined for entity and no other entity is the holder
25 Taking feedstocks at refinery into account
26 Rules in relation to legally enforceable arrangements
Division 6—Suspension of minimum stockholding obligation
27 Suspension by Minister
28 Application for suspension by Secretary
29 Secretary’s decision on suspension application
Division 7—Other duties
30 Notice of MSO activity in relation to MSO product
31 Notice of intention to cease all MSO activities in relation to MSO product
32 Secretary’s decision about cessation of all MSO activities in relation to MSO product
33 Compliance audits
34 Other audits
35 Conduct of audits
36 MSO compliance plan
Division 8—Assumption or division of minimum stockholding obligation
37 Determination of assumption or division of minimum stockholding obligation
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Part 3—Fuel security services payment
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Division 1—Introduction to this Part
38 Simplified outline of this Part
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Division 2—Fuel security services payment
39 Application for fuel security services payment
40 Decision on application
41 Commitment period
42 Payability of fuel security services payment
43 Amount of fuel security services payment
44 Determination of margin sufficient to ensure refineries do not make a loss
45 Payment of fuel security services payment
46 Publication of information
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Division 3—Reporting and notification obligations
47 Reporting during commitment period
48 Notification of events during commitment period
49 False or misleading information
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Division 4—Repayment obligations
50 Repayment if committed refinery ceases refining FSSP fuel
51 Rules in relation to repayment obligation
52 Secretary may extend period of cessation
53 Secretary must notify person of amount repayable under section 50
54 Repayment in other circumstances
55 Secretary must notify person of amount repayable under section 54
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Division 5—Other matters
56 Defeasibility of statutory rights
57 Uniformity
58 Appropriation
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Part 4—Compliance and enforcement
59 Simplified outline of this Part
60 Monitoring powers
61 Investigation powers
62 Civil penalty provisions
63 Requirement for person to assist with applications for civil penalty orders
64 Determining pecuniary penalty for contravention of minimum stockholding obligation
65 Civil penalties for contravention of minimum stockholding obligation
66 Infringement notices
67 Penalties in infringement notices
68 Secretary may publicise certain contraventions
69 Enforceable undertakings
70 Injunctions
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Part 5—Other matters
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Division 1—Introduction to this Part
71 Simplified outline of this Part
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Division 2—Review of decisions
72 Reviewable decisions
73 Notice of reasons and review rights
74 Applications for reconsideration of decisions made by delegates
75 Reconsideration by responsible person
76 Deadline for reconsideration
77 Review by the Administrative Review Tribunal
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Division 3—Other matters
78 Further information about applications, notices and advice
79 Treatment of trusts
80 Appointment of authorised persons
81 Approved forms
82 Delegation by Minister
83 Delegation by Secretary
84 Rules
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
