Federal Register of Legislation - Australian Government

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SR 2003 No. 355 Regulations as made
These Regulations amend the Fuel Quality Standards Regulations 2001.
Administered by: DEW
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR10-Feb-2004
Tabled Senate10-Feb-2004
Gazetted 23 Dec 2003
Date of repeal 19 Mar 2014
Repealed by Environment (Spent and Redundant Instruments) Repeal Regulation 2014

Fuel Quality Standards Amendment Regulations 2003 (No. 1)1

Statutory Rules 2003 No. 3552

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Fuel Quality Standards Act 2000.

Dated 18 December 2003

P. M. JEFFERY

Governor-General

By His Excellency’s Command

DAVID KEMP


1              Name of Regulations

                These Regulations are the Fuel Quality Standards Amendment Regulations 2003 (No. 1).

2              Commencement

                These Regulations commence on gazettal.

3              Amendment of Fuel Quality Standards Regulations 2001

                Schedule 1 amends the Fuel Quality Standards Regulations 2001.


Schedule 1        Amendments

(regulation 3)

  

[1]           Subregulation 3 (1), definition of blend

substitute

blend, for fuel, means to combine fuel with:

                (a)    another kind of fuel; or

               (b)    any other substance.

[2]           Subregulation 3 (1), after definition of contact details

insert

distributor, of fuel, means a person who supplies fuel between any 2 of an import terminal, a refinery, a blending facility or a retail outlet for fuel.

[3]           Paragraph 3 (2) (f)

substitute

                (f)    diesohol (that is, a blend primarily comprising diesel and an alcohol);

[4]           Paragraphs 3 (2) (h) and (i)

substitute

               (h)    ethanol;

                (i)    any substance that is used as a substitute for a fuel mentioned in paragraphs (a) to (h);

                (j)    any substance that is supplied or represented as:

                          (i)    a fuel mentioned in paragraphs (a) to (h); or

                         (ii)    a substitute substance under paragraph (i).

[5]           Regulation 3A

omit

[6]           Subregulations 7A (3), (4) and (5)

substitute

         (3)   For paragraph 19 (e) of the Act, the information mentioned in subregulation (4) must be provided by a supplier who:

                (a)    imports fuel; or

               (b)    produces or blends fuel; or

                (c)    is a distributor of fuel.

         (4)   For subregulation (3), the information is:

                (a)    the supplier’s name, contact details and ABN or ACN; and

               (b)    if the supplier is an agent for another person, the other person’s name and contact details; and

                (c)    the delivery docket number provided by the supplier for the fuel supplied; and

               (d)    the kind and grade of the fuel supplied or its product code; and

                (e)    the date and time when the fuel was supplied; and

                (f)    the total quantity of fuel supplied; and

               (g)    the place where the fuel was supplied; and

               (h)    if the fuel does not comply with a fuel standard:

                          (i)    particulars of the requirements of the standard that are not met; and

                         (ii)    reasons why the requirements are not met; and

                (i)    if a vehicle was used in the supply of the fuel and the vehicle is registered under a law of the Commonwealth, a State or Territory for the registration of vehicles, its registration number; and

                (j)    if a vehicle was used in the supply but the vehicle was not registered as described in paragraph (i), other particulars that uniquely identify the vehicle.

[7]           Paragraph 25 (g)

substitute

               (g)    stock reconciliation records (except in relation to fuel for which it is not possible for the supplier to keep separate reconciliation records).

[8]           Paragraph 26 (2) (i)

substitute

                (i)    stock reconciliation records (except in relation to fuel for which it is not possible for the supplier to keep separate reconciliation records).

[9]           Regulation 27

substitute

27            Records for operators of vehicles

         (1)   This regulation applies to a supplier who is a distributor of fuel:

                (a)    that the supplier distributes using the supplier’s vehicle; or

               (b)    that a person engaged by the supplier distributes, for the supplier, using the person’s vehicle.

         (2)   A supplier to whom this regulation applies:

                (a)    must keep copies of all documents received or provided under section 19 of the Act in relation to fuel described in paragraph (1) (a) or (b); and

               (b)    for each instance when a vehicle is loaded with fuel by or for the supplier — must keep a record of the place, date and time the fuel was loaded.

[10]         Regulation 28

omit everything before paragraph (a), insert

         (1)   Subject to subregulation (2), a supplier who operates a service station or is a distributor of fuel must keep the following records:

[11]         Regulation 28

insert

         (2)   A supplier who operates a service station or is a distributor need not keep reconciliation records referred to in paragraph (1) (b) in relation to fuel for which it is not possible for the supplier to keep separate reconciliation records.

[12]         Paragraph 29 (b)

omit

fuel.quality@ea.gov.au.

insert

fuel.quality@deh.gov.au.


Notes

1.       These Regulations amend Statutory Rules 2001 No. 236, as amended by 2001 No. 255; 2002 No. 116.

2.       Notified in the Commonwealth of Australia Gazette on 23 December 2003.