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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Petroleum Products)
Bill 2007
A BILL FOR
An Act to amend the Controlled Substances Act 1984 and the
Petroleum Products Regulation Act 1995.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Controlled Substances
Act 1984
4 Amendment of section 19—Sale or supply of
volatile solvents
Part 3—Amendment of Petroleum Products Regulation
Act 1995
5 Substitution of long title
6 Amendment of
section 4—Interpretation
7 Amendment of section
7—Non-derogation
8 Substitution of section
8
8 Requirement for licence
9 Amendment of section
10—Licence term etc
10 Amendment of section 11—Conditions of
licence
11 Amendment of section 12—Variation of licence
12 Repeal of
sections 14, 15 and 16
13 Amendment of section 17—Offence relating to
licence conditions
14 Repeal of section 19
15 Repeal of Parts 3 and
4
16 Amendment of section 34—Controls during periods of
restriction
17 Repeal of Parts 6 and 7
18 Amendment of section
44—Powers of authorised officers
19 Amendment of section
47—Appeals
20 Amendment of section 64—Regulations
21 Repeal of
Schedules 1 and 3
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Petroleum Products)
Act 2007.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Controlled Substances
Act 1984
4—Amendment of
section 19—Sale or supply of volatile solvents
Section 19—after its present contents (now to be designated as
subsection (1)) insert:
(2) If a person, acting at the request of another person, purchases a
volatile solvent on behalf of the other person for the purpose of inhalation,
the person is guilty of an offence.
Maximum penalty: $10 000 or imprisonment for 2 years.
(3) A person must not sell or supply a volatile solvent to which this
subsection applies to a person under the age prescribed for the volatile
solvent.
Maximum penalty: $10 000.
(4) Subsection (3) applies to such volatile solvents as may be
prescribed, individually or by class, by the regulations.
(5) An authorised officer may confiscate a volatile solvent (together with
its container) found in the possession of a person if the authorised officer has
reason to suspect that the person has the solvent for the purpose of
inhalation.
(6) Anything confiscated under subsection (5) is forfeited to the
Crown and may be sold, destroyed or otherwise disposed of as the Minister or the
Commissioner of Police directs.
Part 3—Amendment
of Petroleum Products Regulation
Act 1995
Long title—delete the long title and substitute:
An Act to regulate the sale of petroleum products; and for other
purposes.
6—Amendment of
section 4—Interpretation
Section 4(1), definitions of conveyance, dangerous
situation, development authorisation, industrial
pump, plant, prescribed retail sale and
Retail Outlets Board—delete the definitions
7—Amendment of
section 7—Non-derogation
Section 7(2)—delete subsection (2)
Section 8—delete the section and substitute:
8—Requirement for licence
A person must not, other than as a bulk end user, sell petroleum products
by retail sale or wholesale unless authorised to do so under a
licence.
Maximum penalty: $10 000.
9—Amendment of
section 10—Licence term etc
Section 10(2)—delete subsection (2) and substitute:
(2) Subject to this Act, a licence expires on the second anniversary of
the date of its issue and may be renewed on application for successive terms of
2 years.
10—Amendment of
section 11—Conditions of licence
(1) Section 11(2)(a) to (e)—delete paragraphs (a) to (e)
(inclusive)
(2) Section 11(2)(i)—delete "or 6"
(3) Section 11(3)—delete subsection (3)
11—Amendment of
section 12—Variation of licence
Section 12(2)(a)—delete paragraph (a) and substitute:
(a) the Minister may vary a licence by substituting another person as the
licensee;
12—Repeal of
sections 14, 15 and 16
Sections 14, 15 and 16—delete the sections
13—Amendment of
section 17—Offence relating to licence conditions
Section 17—delete "(whether fixed by the Minister or by Part 5
or 6)"
Section 19—delete the section
Parts 3 and 4—delete the Parts
16—Amendment of
section 34—Controls during periods of restriction
Section 34(2)—delete subsection (2) and substitute:
(2) Without limiting the effect of subsection (1), licence conditions
or directions may—
(a) fix maximum prices in relation to classes of sales of petroleum
products; or
(b) prohibit sales of petroleum products.
Parts 6 and 7—delete the Parts
18—Amendment of
section 44—Powers of authorised officers
(1) Section 44(1)(c), (h) and (i)—delete paragraphs (c), (h) and
(i)
(2) Section 44(4)—delete "or a person apparently in charge of any
plant, equipment, vehicle or other thing"
19—Amendment of
section 47—Appeals
(1) Section 47(1)(f)—delete paragraph (f)
(2) Section 47(5)(c)—delete paragraph (c)
(3) Section 47(7)(e)—delete paragraph (e)
(4) Section 47(8)—delete subsection (8)
20—Amendment of
section 64—Regulations
Section 64(3) and (4)—delete subsections (3) and (4)
21—Repeal of
Schedules 1 and 3
Schedules 1 and 3—delete the Schedules