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The Fuel Quality Standards Act 2000 (Cth) (the Act) provides the legislative framework for regulating the quality of fuel supplied in Australia. The objectives of the Act are to reduce the level of pollutants and emissions arising from the use of fuel that may cause environmental and health problems; facilitate the adoption of better engine and emission control technology; allow the more effective operation of engines and ensure that, where appropriate, information about fuel is provided when the fuel is supplied.

Section 21 of the Act provides that the Minister may, by legislative instrument, determine a fuel standard in respect of a specified kind of fuel.

The Fuel Quality Standards (Autogas) Determination 2019 (the Determination) sets out the parameters and testing methods for autogas supplied in Australia.

The purpose of the Determination is to replace the sunsetting Fuel Standard (Autogas) Determination 2003, and to provide certainty for the quality of autogas supplied in Australia.

In this updated standard, some parameter names and specification units have been changed to improve consistency. The test method for water content has been updated.

This instrument is a legislative instrument for the purposes of the Legislation Act 2003.

Background

In October 2015, the Australian Government established the Ministerial Forum on Vehicle Emissions to coordinate a whole-of-government approach to reducing motor vehicle emissions. Part of this work is a measure to improve fuel quality standards which will assist in achieving better environmental, human health and engine operability outcomes.

Consultation

This Determination has been developed following extensive public consultation in relation to a range of policy options to improve Australia’s fuel quality. Two rounds of public consultation were conducted, as well as targeted consultation with key industry stakeholders to finalise options for the legislative instruments that prescribe fuel standards. The stakeholders included fuel producers, fuel importers, vehicle manufacturers and automobile associations. Targeted consultation with key testing laboratories occurred to ensure the proposed changes reflected the most up-to-date testing methods for the relevant parameter.

Under the Act, before making a fuel standard, the Minister must also consult the Fuel Standards Consultative Committee. The committee provided advice on the exposure draft of the Determination.

Regulation impact analysis

The Office of Best Practice Regulation (OBPR) was consulted in relation to the remaking of this legislative instruments under the Act. The Better fuel for cleaner air regulation impact statement was prepared to assess the impacts on industry, the community and the environment of various policy options to improve fuel standards. The OBPR advised that the Better fuel for cleaner air regulation impact statement is compliant with the Government’s requirements and is consistent with best practice (OBPR ID 20699).

The Better fuel for cleaner air regulation impact statement is available under the Supporting Material tab of the www.legislation.gov.au page for this instrument.

Incorporation

The Determination lists testing methods to be used by the Department of the Environment and Energy (the Department) to determine compliance with the parameters. For example ASTM D6667 is used to test the sulfur content of autogas. Testing methods, developed by ASTM International and others, describe procedures that analytical laboratories must follow. The use of such standards is consistent with the Australian Government’s policy of harmonisation with international standards where appropriate.

The parties most likely to access the referenced documents are analytical laboratories testing compliance under the Determination. The incorporation of the testing methods into the Determination does not place undue burden on fuel suppliers. Fuel suppliers can use alternative testing methods to test fuel. Suppliers should note that the Department will test compliance by using the test methods in the Determination. The listed testing methods are incorporated as they are in force at the time the Determination commences on 1 October 2019. ASTM testing methods are available for purchase through ASTM International (www.astm.org). JLPGA-S-03 is available to download free of charge from Japan LP Gas Association (www.j-lpgas.gr.jp/en/download/index.html). EN, EN ISO and ISO testing methods are available for purchase through SAI Global (infostore.saiglobal.com) and other providers. A fee is charged to purchase each testing method in its entirety. The Department also makes the incorporated testing methods available on request free of charge at its offices throughout Australia (ACT, Queensland, NSW, Victoria, NT and Tasmania).

Details of the Fuel Quality Standards (Autogas) Determination 2019

Section 1 – Name of instrument

This section specifies that the name of the Determination is the Fuel Quality Standards (Autogas) Determination 2019 (the Determination).

Section 2 – Commencement

This section provides that the instrument commences on 1 October 2019.

Section 3 – Authority

This section sets out the provision of the Fuel Quality Standards Act 2000 under which the Determination is made.

Section 4 – Definitions

This section provides for definitions of terms used in the Determination.

Section 5 – Fuel standard for autogas

The table in this section details chemical and physical parameters and the specifications that must be met for each parameter in respect of the supply of autogas in Australia.

The following autogas components or additives are limited to reduce emissions and therefore improve air quality and human health: hydrogen sulfide, sulfur (after stenching) and dienes. Some of these parameters also affect engine and vehicle operability. Copper corrosion, motor octane number (MON), vapour pressure, volatile residues, odour, residue on evaporation and water content are specified to ensure that engines can operate optimally, which will increase fuel efficiency and lower emissions from tailpipes.

Compliance with the specification for a parameter is determined by the testing method specified in the table.

The note confirms that the testing methods listed in the table are the methods that will be used by inspectors and other persons authorised to conduct tests on fuel under the Act to determine whether the fuel complies with the relevant fuel standard. Subsection (2) does not prevent other persons (including persons supplying fuel) from using other test methods to ensure that the fuel complies with the relevant fuel standard.

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Fuel Quality Standards (Autogas) Determination 2019

This Determination is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the legislative instrument

The Fuel Quality Standards (Autogas) Determination 2019 sets out the parameters and testing methods for autogas supplied in Australia.

Human rights implications

This Determination does not engage any of the applicable rights or freedoms.

Conclusion

This Determination is compatible with human rights as it does not raise any human rights issues.

Federal Register of Legislation - Australian Government

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