Fuel Quality Standards (Ethanol E85) Determination 2019
made under section 21 of the
Fuel Quality Standards Act 2000
Compilation No. 1
Compilation date: 21 July 2022
Includes amendments up to: F2022L00996
Registered: 16 August 2022
About this compilation
This compilation
This is a compilation of the Fuel Quality Standards (Ethanol E85) Determination 2019 that shows the text of the law as amended and in force on 21 July 2022 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1............ Name............................................................................................................................. 1
3............ Authority....................................................................................................................... 1
4............ Definitions..................................................................................................................... 1
5............ Fuel standard for E85.................................................................................................... 2
Endnotes 4
Endnote 1—About the endnotes 4
Endnote 2—Abbreviation key 5
Endnote 3—Legislation history 6
Endnote 4—Amendment history 7
Endnote 5—Editorial changes 8
1 Name
This instrument is the Fuel Quality Standards (Ethanol E85) Determination 2019.
3 Authority
This instrument is made under section 21 of the Fuel Quality Standards Act 2000.
4 Definitions
Note: A number of expressions used in this instrument are defined in section 4 of the Act, including the following:
(a) fuel
(b) supply
(c) inspector
In this instrument:
Act means the Fuel Quality Standards Act 2000.
ASTM followed by an alphanumeric code means the testing method developed under that code by the standards development organisation called ASTM International.
CEN/TS followed by a numeric code means the testing method developed under that code by the European Committee for Standardization.
DVPE means dry vapour pressure equivalent.
E85 means a mixture of petrol and ethanol that is supplied or represented as E85 fuel.
Note: Section 5 requires the fuel to be 70–85% v/v ethanol.
EN followed by a numeric code means the testing method developed under that code by the European Committee for Standardization.
mg/kg means milligrams per kilogram, and is equivalent to ‘parts per million’ or ‘ppm’ by mass.
petrol has the same meaning as in the Fuel Quality Standards (Petrol) Determination 2019.
% v/v means per cent volume by volume, and is equivalent to ‘volume %’, ‘vol %’ and ‘% vol’.
% m/m means per cent mass by mass, and is equivalent to ‘mass %’, ‘% mass’ and ‘weight %’.
5 Fuel standard for E85
(1) In relation to a parameter mentioned in an item of the following table, E85 must comply with the specification for that parameter mentioned in that item.
| Item | Parameter | Specification | Testing Method |
| 1 | Acidity—as acetic acid | 0.006% m/m maximum | ASTM D7795 |
| 2 | Benzene | 0.35% v/v maximum | ASTM D5580 |
| 3 | Copper | 0.10 mg/kg maximum | EN 15837 (as modified in CEN/TS 15293) |
| 4 | Distillation—final boiling point | 210°C maximum | ASTM D86 |
| 5 | Ethanol | 70–85% v/v | ASTM D6839 |
| 6 | Ethers—5 or more C atoms | 1.0% v/v maximum | ASTM D6839 |
| 7 | Inorganic chloride | 10 mg/kg maximum | ASTM D7328 |
| 8 | Lead | 5 mg/L maximum | ASTM D3237 |
| 9 | Methanol | 0.5% v/v maximum | ASTM D5501 |
| 10 | Motor octane number (MON) | 87 minimum | (See note) |
| 11 | Oxidation stability | 360 minutes minimum | ASTM D525 |
| 12 | pHe | 6.5–9.0 | ASTM D6423 |
| 13 | Phosphorus | 1.3 mg/L maximum | ASTM D3231 |
| 14 | Research octane number (RON) | 100 minimum | (See note) |
| 15 | Solvent washed gum | 5.0 mg/100 mL maximum | ASTM D381 |
| 16 | Sulfate | 4.0 mg/kg maximum | ASTM D7328 |
| 17 | Sulfur | From commencement
52 mg/kg maximum From 15 December 2024
10 mg/kg maximum | ASTM D5453 |
| 18 | Vapour pressure (DVPE) at 37.8°C | 38–63 kPa | ASTM D5191 |
| 19 | Water | 1.0% m/m maximum | ASTM E1064 |
Note : Testing methods for determining the MON and RON of E85 are not yet available. The minimum targets specified in the table are interim targets until a testing method is available. These minimum targets allow for engine calibration.
(2) For subsection (1), compliance with the specification for a parameter is determined by using the testing method for that parameter mentioned in that item of the table.
Note: 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.
(3) Any petrol component of E85 must meet the requirements of the fuel quality standard for petrol set out in the Fuel Quality Standards (Petrol) Determination 2019.
(4) Any ethanol component of E85 must meet the requirements of the fuel quality standard for ethanol set out in the Fuel Quality Standards (Petrol) Determination 2019.
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
Endnote 2—Abbreviation key
| ad = added or inserted | o = order(s) |
| am = amended | Ord = Ordinance |
| amdt = amendment | orig = original |
| c = clause(s) | par = paragraph(s)/subparagraph(s) |
| C[x] = Compilation No. x | /sub‑subparagraph(s) |
| Ch = Chapter(s) | pres = present |
| def = definition(s) | prev = previous |
| Dict = Dictionary | (prev…) = previously |
| disallowed = disallowed by Parliament | Pt = Part(s) |
| Div = Division(s) | r = regulation(s)/rule(s) |
| ed = editorial change | reloc = relocated |
| exp = expires/expired or ceases/ceased to have | renum = renumbered |
| effect | rep = repealed |
| F = Federal Register of Legislation | rs = repealed and substituted |
| gaz = gazette | s = section(s)/subsection(s) |
| LA = Legislation Act 2003 | Sch = Schedule(s) |
| LIA = Legislative Instruments Act 2003 | Sdiv = Subdivision(s) |
| (md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
| effect | SR = Statutory Rules |
| (md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
| cannot be given effect | SubPt = Subpart(s) |
| mod = modified/modification | underlining = whole or part not |
| No. = Number(s) | commenced or to be commenced |
Endnote 3—Legislation history
Endnote 4—Amendment history
| Provision affected | How affected |
| s 2............................................. | rep LA s 48D |
| s 5............................................. | am F2022L00996 |
| | ed C1 |
Endnote 5—Editorial changes
In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.
Subsection 5(1) (table item 17)
Kind of editorial change
Give effect to the misdescribed amendment as intended
Details of editorial change
Schedule 1 of the Fuel Quality Standards (Ethanol E85) Amendment Determination 2022 provides as follows:
Schedule 1—Amendments
Fuel Quality Standards (Ethanol 85) Determination 2019
5 Subsection 5(1) (item 17 of the table)
Omit “1 July 2027”, substitute “15 December 2024”.
The title to be amended reads “Fuel Quality Standards (Ethanol 85) Determination 2019” rather than the correct title of “Fuel Quality Standards (Ethanol E85) Determination 2019”.
This compilation was editorially changed by applying the amendment from Schedule 1 of the Fuel Quality Standards (Ethanol E85) Amendment Determination 2022 to the Fuel Quality Standards (Ethanol E85) Determination 2019 to give effect to the misdescribed amendment as intended.