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This is a Bill, not an Act. For current law, see the Acts databases.


PETROLEUM LEGISLATION AMENDMENT BILL 2001

                       Western Australia


Petroleum Legislation Amendment Bill 2001

                          CONTENTS


       Part 1 -- Preliminary
1.     Short title                                          2
2.     Commencement                                         2
       Part 2 -- Petroleum Retailers Rights and
            Liabilities Act 1982
3.     The Act amended                                      3
4.     Long title amended                                   3
5.     Section 3 amended                                    3
6.     Section 4 amended                                    5
7.     Section 5 amended                                   11
8.     Section 6 amended                                   16
9.     Section 7 amended                                   17
10 .   Section 10 repealed                                 17
11 .   Section 12 amended                                  17
12 .   Section 13 amended                                  17
13 .   Certain references to underground storage amended   18
14 .   Certain references to tenants amended               18
15 .   Certain references to power corrected               18
       Part 3 -- Petroleum Products Pricing
            Act 1983
16 .   The Act amended                                     20
17 .   Section 22H amended                                 20
18 .   Section 22J replaced                                20
19 .   Penalties amended                                   21




                                                           page i
                              4--2
                           Western Australia


                     LEGISLATIVE ASSEMBLY

                         (Proforma Committal)

   Petroleum Legislation Amendment Bill 2001


                               A Bill for


An Act to amend the Petroleum Retailers Rights and Liabilities
Act 1982 and the Petroleum Products Pricing Act 1983 and for related
purposes.



The Parliament of Western Australia enacts as follows:




                                                              page 1
    Petroleum Legislation Amendment Bill 2001
    Part 1         Preliminary

    s. 1



                             Part 1 -- Preliminary
    1.         Short title
               This Act may be cited as the Petroleum Legislation Amendment
               Act 2001.

5   2.         Commencement
         (1)   This Act comes into operation on a day fixed by proclamation.
         (2)   The day fixed under subsection (1) for section 18 may be
               different from the day fixed for the other provisions.




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                  Petroleum Retailers Rights and Liabilities Act 1982    Part 2

                                                                             s. 3



          Part 2 -- Petroleum Retailers Rights and Liabilities
                             Act 1982
     3.       The Act amended
              The amendments in this Part are to the Petroleum Retailers
5             Rights and Liabilities Act 1982*.
              [* Act No. 105 of 1982.
                 For subsequent amendments see 2000 Index to Legislation of
                 Western Australia, Table 1, p. 338.]

     4.       Long title amended
10            The long title is amended by deleting "Persons occupying Land
              for the purpose of " and inserting instead the following --
              "    certain persons   ".

     5.       Section 3 amended
              Section 3(1) is amended as follows:
15              (a) by deleting the definition of "dispensing equipment" and
                     inserting instead the following definition --
              "
                     "dispensing equipment" means --
                         (a) in relation to petrol or diesel fuel, a pump
20                            that transfers motor fuel from any bulk
                              storage into the part of a road vehicle
                              designed to hold that kind of motor fuel for
                              use in the propulsion of that vehicle;
                         (b) in relation to LPG fuel, a device that
25                            transfers LPG fuel from any bulk storage
                              into the part of a road vehicle designed to
                              hold LPG fuel for use in the propulsion of
                              that vehicle;
                                                                              ";


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     Part 2         Petroleum Retailers Rights and Liabilities Act 1982

     s. 5



                  (b)    by deleting the definition of "franchise agreement";
                  (c)    by deleting the definition of "landlord" and inserting
                         instead the following definition --
              "
5                       "landlord" means, in relation to a site at which the
                            retailer is a tenant, the person who has granted to
                            the retailer the right to occupy the site;
                                                                                   ";
                  (d)    in the definition of "motor fuel", by inserting before
10                       "petrol" the following --
                         " LPG (liquefied petroleum gas), ";
                  (e)    by deleting the definition of "primary supplier" and
                         inserting instead the following definition --
              "
15                      "primary supplier", in relation to a particular kind
                            and, where applicable, grade of motor fuel, means
                            the person, if any, from whom the retailer would,
                            but for this Act, be obliged to purchase more than
                            50% of that kind and, where applicable, grade of
20                          motor fuel for the site concerned;
                                                                                   ";
                  (f)    by inserting, in its appropriate alphabetical position, the
                         following definition --
              "
25                      "retailer" means a person who sells motor fuel by
                            retail at a site;
                                                                                   ";
                  (g)    by deleting the definition of "tenant" and inserting
                         instead the following definition --
30            "
                        "tenant" means, in relation to a site, a retailer whose
                            right to occupy the site at which motor fuel is sold


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                        Petroleum Retailers Rights and Liabilities Act 1982    Part 2

                                                                                          s. 6



                                  is not as the owner of the site but derives through
                                  another person.
                                                                                         ";
                        (h)    by deleting the definition of "underground storage" and
5                              inserting instead, in its appropriate alphabetical position,
                               the following definition --
                    "
                              "bulk storage" means a storage tank or a number of
                                  storage tanks for motor fuel installed at a site;
10                                                                                         ".

     6.             Section 4 amended
          (1)       Section 4(1) is repealed and the following subsections are
                    inserted instead --
                "
15                  (1)       A retailer at a site may --
                               (a) purchase motor fuel, for resale at the site, from
                                      a supplier other than the primary supplier for
                                      that kind and, where applicable, grade of motor
                                      fuel for that site; and
20                             (b) if, under paragraph (a) or otherwise, the retailer
                                      is lawfully able to purchase motor fuel for
                                      resale at the site from a supplier other than the
                                      primary supplier for that kind and, where
                                      applicable, grade of motor fuel for that site --
25                                       (i) use, for the storage of that motor fuel,
                                               any bulk storage at the site that is
                                               suitable; and
                                        (ii) use, for the dispensing of that motor
                                               fuel, any dispensing equipment on the
30                                             site that is suitable.




                                                                                    page 5
     Petroleum Legislation Amendment Bill 2001
     Part 2         Petroleum Retailers Rights and Liabilities Act 1982

     s. 6



              (1a)   Subsection (1) applies subject to this section but,
                     except as stated in subsection (1b), despite --
                       (a) any Act or law affecting the contractual
                             relationship between a landlord and a tenant;
5                            or
                       (b) any agreement to the contrary, whether made
                            between the primary supplier and the retailer or
                            not.
              (1b)   Subsection (1)(a) does not apply if a purchase under
10                   that paragraph would be contrary to an agreement that
                     was entered into before 10 February 2001.
              (1c)   An agreement resulting from the modification,
                     continuation, or renewal of an agreement entered into
                     before 10 February 2001 is to be considered, when
15                   applying subsection (1b), to have been entered into on
                     the day on which it was most recently modified,
                     continued, or renewed, but --
                       (a) a modification is not to be taken into
                             consideration if it had no necessary connection
20                           with the duration of the agreement; and
                       (b) a modification, continuation, or renewal is not
                             to be taken into consideration if the retailer was
                             the only party who had a choice about whether
                             the modification, continuation, or renewal
25                           would be made.
              (1d)   Nothing in this section limits any right that the retailer
                     may, independently of this section, have to purchase
                     motor fuel, for resale at the site, from a supplier other
                     than the primary supplier for that kind and, where
30                   applicable, grade of motor fuel for that site.
                                                                                  ".




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                   Petroleum Retailers Rights and Liabilities Act 1982    Part 2

                                                                                     s. 6



     (2)       Section 4(2) is repealed and the following subsection is inserted
               instead --
           "
               (2)       A right conferred on the retailer by subsection (1) is
5                        not exercisable until 7 days after notice in writing of
                         the intention to exercise it has been given --
                           (a) if it is a right conferred by subsection (1)(a), to
                                 the retailer's primary supplier, if any, for the
                                 kind and, where applicable, grade of motor fuel
10                               concerned;
                           (b) if it is a right conferred by subsection (1)(b), to
                                 the retailer's landlord, if the retailer is a tenant,
                                 and to the retailer's primary supplier, if any, for
                                 the kind and, where applicable, grade of motor
15                               fuel concerned.
                                                                                         ".
     (3)       Section 4(3)(a) is amended by inserting before "grade" the
               following --
               "     , where applicable,      ".
20   (4)       Section 4(3)(b)(i) and (ii) are each amended as follows --
                (a) by inserting after "purchases motor fuel" the
                      following --
                      " of a particular kind and, where applicable, grade ";
                (b) by inserting after "other than his primary supplier" the
25                    following --
                                   "
                                         for that kind and, where applicable,
                                         grade of motor fuel
                                                                                         ";
30                 (c)    by deleting "each kind or grade from" and inserting
                          instead the following --
                          " that kind and, where applicable, grade from ".

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     Petroleum Legislation Amendment Bill 2001
     Part 2         Petroleum Retailers Rights and Liabilities Act 1982

     s. 6



        (5)   Section 4(3)(b)(ii) is amended by deleting "each kind or grade
              as" and inserting instead the following --
              " that kind and, where applicable, grade that        ".
        (6)   Section 4(3)(c) is amended by deleting "does not display" and
5             inserting instead the following --
                      "
                             for the kind and, where applicable, grade of
                             fuel dispensed does not, and any bulk storage
                             on the site that is not underground and is used
10                           to store motor fuel other than motor fuel
                             supplied by the primary supplier for the kind
                             and, where applicable, grade of fuel stored does
                             not, display
                                                                                    ".
15      (7)   Section 4(3)(h) is amended by deleting "petrol and diesel fuel"
              and inserting instead the following --
              "   different kinds, grades, or brands of motor fuel ".
        (8)   Section 4(3)(i) is amended by deleting "that".
        (9)   At the foot of section 4(3), the following is inserted --
20            "   Penalty:    $20 000.    ".
       (10)   After section 4(3) the following subsection is inserted --
              "
                    (3a)     For the purposes of deciding whether a
                             person has, as required by subsection
25                           (3)(a), ensured, so far as is practicable, that
                             motor fuel that the retailer is obliged to
                             purchase from the primary supplier is
                             available for sale at the site, the lack of
                             availability of storage is not relevant.
30                                                                             ".


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                   Petroleum Retailers Rights and Liabilities Act 1982    Part 2

                                                                                   s. 6



     (11)        Section 4(3) the following subsection is inserted --
            "
                 (4)   Subsection (3)(b) does not apply for a particular kind
                       or grade of motor fuel in any 6 month period if --
5                        (a) the primary supplier has not, as reasonably
                              requested by the retailer, supplied the
                              reasonable requirements of the retailer for that
                              kind or grade of motor fuel in that period; and
                         (b) after the failure to supply --
10                               (i) the retailer has given the primary
                                      supplier notice in writing that it is
                                      intended to rely on this subsection if the
                                      supply requested is not made within a
                                      further time reasonably specified in the
15                                    notice; and
                                (ii) the primary supplier does not make the
                                      supply within that further time.
                                                                                    ".
     (12)        After section 4(4), the following subsection is inserted --
20          "
                (4a)   For the purposes of deciding whether a person has, as
                       required by subsection (3)(g) or (h), ensured, so far as
                       is practicable, that bulk storage does not contain a
                       particular motor fuel, the lack of availability of other
25                     storage is not relevant.
                                                                                    ".
     (13)        Section 4(5) is amended as follows --
                   (a) by deleting "Where a term of provision of a franchise
                        agreement" and inserting instead the following --
30                      " If a provision of an agreement ";




                                                                              page 9
     Petroleum Legislation Amendment Bill 2001
     Part 2         Petroleum Retailers Rights and Liabilities Act 1982

     s. 7



                   (b)   in paragraph (a) --
                            (i) by inserting before "or any colour" the
                                following --
                                " of a kind or grade of motor fuel "; and
5                          (ii) by inserting after "dispensing equipment" the
                                following --
                                " or on bulk storage that is not underground ";
                   (c)   in paragraph (c) --
                            (i) by deleting "or" after "landlord" and inserting
10                              instead the following --
                                " , if the retailer is a tenant, or a "; and
                           (ii) by inserting after "operated" the following --
                                " , or bulk storage being used, ";
                   (d)   by deleting "term or";
15                 (e)   by deleting "tenant's" and inserting instead the
                         following --
                         " retailer's ".
       (14)    Section 4(6) is amended by inserting before "purchased" the
               following --
20             " of the kind and, where applicable, grade concerned         ".
       (15)    At the foot of section 4(6), the following is inserted --
               "    Penalty:   $20 000.   ".
       (16)    Section 4(7) is amended by deleting "who fails to make an entry
               in a register as required by this Act or".
25     (17)    At the foot of section 4(7), the following is inserted --
               "    Penalty for an offence under subsection (7): $20 000.        ".




     page 10
                                      Petroleum Legislation Amendment Bill 2001
                  Petroleum Retailers Rights and Liabilities Act 1982    Part 2

                                                                                    s. 7



     7.         Section 5 amended
          (1)   Section 5(1) is amended as follows:
                 (a)       in paragraph (a), by inserting after "site" the
                           following --
5                          " if the retailer is a tenant ";
                 (b)       by deleting paragraphs (b) and (c), and "and" between
                           those paragraphs, and inserting instead the following --
                       "
                           (b)   may --
10                                  (i) with the permission of the owner of any
                                         bulk storage, if the retailer does not own
                                         it, isolate from the bulk storage any
                                         other bulk storage;
                                   (ii) with the permission of the landlord of
15                                       the site if the retailer is a tenant and, if
                                         neither the retailer nor the landlord
                                         owns the bulk storage to which the
                                         dispensing equipment is to be
                                         connected, the permission of the owner
20                                       of the bulk storage, install additional
                                         dispensing equipment; and
                                  (iii) with the permission of the owner of the
                                         dispensing equipment, if the retailer
                                         does not own it, connect any existing
25                                       dispensing equipment to any bulk
                                         storage installed by the retailer;
                                 and
                           (c)   may, with the permission of the owner of the
                                 dispensing equipment, if the retailer does not
30                               own it, replace any dispensing equipment
                                 connected to any existing bulk storage.
                                                                                        ".



                                                                                page 11
     Petroleum Legislation Amendment Bill 2001
     Part 2         Petroleum Retailers Rights and Liabilities Act 1982

     s. 7



        (2)    Section 5(2) is amended by deleting all of the subsection before
               "notice" and inserting instead the following --
               "
                    A retailer at a site intending to exercise a right under
5                   subsection (1) that is exercisable only with another
                    person's permission may give to the other person
                                                                                 ".
        (3)    Section 5(3) is amended as follows:
                (a) by deleting "14" and inserting instead the following --
10                    " 28 ";
                (b) by deleting paragraph (b) and inserting the following
                      paragraph instead --
                           "
                               (b)   refuse to give permission, or give
15                                   permission subject to any condition, and
                                     state the ground upon which permission is
                                     refused or any condition is imposed.
                                                                          ".
        (4)    Section 5(3) and (4) are each amended by deleting "landlord or
20             a primary supplier" and inserting instead the following --
               "   person ".
        (5)    Section 5(4) is amended as follows:
                (a) by deleting "or unreasonably refuses to give permission
                      to the tenant under that subsection";
25              (b) by deleting "to the tenant" after "given".




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                                      Petroleum Legislation Amendment Bill 2001
                  Petroleum Retailers Rights and Liabilities Act 1982    Part 2

                                                                                    s. 7



     (6)        After section 5(4), the following subsections are inserted --
           "
               (4a)   A retailer who, under subsection (3), is refused
                      permission to exercise a right under subsection (1) is
5                     deemed to have been given that permission if --
                        (a) the person who refused to give permission
                              concedes that the refusal was unreasonable; or
                        (b) the Commissioner has determined under
                              subsection (9) that the refusal was
10                            unreasonable.
               (4b)   A retailer who, under subsection (3), is given
                      permission to exercise a right under subsection (1)
                      subject to any condition --
                        (a)   is deemed to have been given that permission
15                            unconditionally if --
                                (i)   the person who gave permission concedes
                                      that any condition was unreasonable; or
                               (ii)   the Commissioner has determined under
                                      subsection (9) that any condition was
20                                    unreasonable without specifying conditions
                                      to which the retailer and the person giving
                                      permission have agreed;
                        (b)   if the Commissioner has determined under
                              subsection (9) that any condition was unreasonable
25                            but specifies conditions to which the retailer and the
                              person giving permission have agreed, is deemed to
                              have been given that permission subject to those
                              conditions.
               (4c)   A determination of the Commissioner does not take
30                    effect for the purposes of subsection (4a) or (4b)
                      unless --
                        (a)   the time within which an appeal against the
                              determination may be made under subsection (10)
                              has elapsed without an appeal having been made; or


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     Petroleum Legislation Amendment Bill 2001
     Part 2         Petroleum Retailers Rights and Liabilities Act 1982

     s. 7



                       (b)   although an appeal against the determination was
                             made under subsection (10), the appeal has been
                             withdrawn or has been finally disposed of without a
                             finding that the refusal or condition that the
5                            Commissioner found to be unreasonable was
                             reasonable.
                                                                                   ".
        (7)    Section 5(5) is amended by inserting after "have been given"
               the following --
10             "
                     nor contrary to any condition to which the permission
                     is subject
                                                                              ".
        (8)    Section 5(6)(a) is amended by inserting after "manner" the
15             following --
               "
                     and, subject to this paragraph, in accordance with any
                     relevant proposal given under subsection (2)
                                                                           ".
20      (9)    Section 5(6)(b) is amended by deleting "insure" and inserting
               instead --
               " ensure ".
       (10)    At the foot of section 5(6), the following is inserted --
               " Penalty: $20 000. ".
25     (11)    Section 5(7) is amended as follows:
                 (a) by inserting after "under this section" the following --
                      " with the permission of another person ";
                (b) by deleting "and hold harmless the landlord and the
                      primary supplier" and inserting instead the following --
30                    " that person and hold that person harmless ";



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                Petroleum Retailers Rights and Liabilities Act 1982    Part 2

                                                                             s. 7



                (c)   by deleting "either" and inserting instead the
                      following --
                      " the person ".
     (12)   After section 5(7) the following subsection is inserted --
5           "
                      (7a) Where a retailer exercises a right under this
                           section with the permission of another
                           person the retailer has no claim or suit
                           against that person in relation to any loss or
10                         damage which the retailer or another person
                           may suffer by reason of the workmanship or
                           materials employed in the exercise of such
                           right or arising in respect of or from the use
                           of the bulk storage or dispensing equipment,
15                         as the case may be, affected by that exercise.
                                                                            ".
     (13)   Section 5(8)(a) is amended by deleting "the landlord or primary
            supplier may reasonably require;" and inserting instead --
            "    is prescribed by the regulations;   ".
20   (14)   Section 5(8)(b) is amended by deleting "landlord or primary
            supplier" and inserting instead the following --
            "    person indemnified     ".
     (15)   At the foot of section 5(8), the following is inserted --
            "    Penalty:    $20 000.   ".
25   (16)   Section 5(9) is amended by deleting "the landlord or primary
            supplier" and inserting instead the following --
            "    a person ".




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     Petroleum Legislation Amendment Bill 2001
     Part 2         Petroleum Retailers Rights and Liabilities Act 1982

     s. 8



          (17)   Section 5(9) is further amended by inserting before "shall" the
                 following --
                 "
                          or to the reasonableness of a condition subject to which
5                         permission is given
                                                                               ".
          (18)   Section 5(10) is amended by deleting "tenant, landlord, or
                 primary supplier" and inserting instead the following --
                 "   retailer or other person referred to in this section     ".

10   8.          Section 6 amended
           (1)   Section 6(1) is amended by deleting "or primary supplier" after
                 "maintained by the landlord" and inserting instead the
                 following --
                 "
15                       , if the retailer is a tenant, or a primary supplier of any
                         kind or grade of motor fuel for the site
                                                                                        ".
           (2)   Section 6(1) is further amended as follows --
                  (a) by deleting "50 per cent" and inserting instead the
20                      following --
                        " 100% ";
                  (b) by inserting after "equipment" at the end of the
                        subsection the following --
                     "
25                               while it is being used for the dispensing of
                                 motor fuel supplied otherwise than by the
                                 primary supplier
                                                                                   ".




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                     Petroleum Retailers Rights and Liabilities Act 1982    Part 2

                                                                                     s. 9



     9.          Section 7 amended
           (1)   Section 7(1) is amended by deleting "or primary supplier of "
                 and inserting instead the following --
                 "
5                          of, or a primary supplier of any kind or grade of motor
                           fuel for,
                                                                                      ".
           (2)   At the foot of section 7(1), the following is inserted --
                 "    Penalty:     $20 000.    ".
10         (3)   Section 7(2)(c) is amended by deleting "tenants" and inserting
                 instead the following --
                 "    retailers    ".

     10.         Section 10 repealed
                 Section 10 is repealed.

15   11.         Section 12 amended
                 Section 12 is amended by deleting "Permanent Head of the
                 Department within the meaning of the Consumer Affairs
                 Act 1971" and inserting instead the following --
                 "    Commissioner       ".

20   12.         Section 13 amended
           (1)   Section 13 is amended by inserting before "The Governor" the
                 subsection designation "(1)".
           (2)   At the end of section 13, the following subsection is inserted --
             "
25                   (2)     The regulations may make contravention of any of
                             their provisions an offence and may provide for a
                             penalty for the offence not exceeding a fine of


                                                                              page 17
     Petroleum Legislation Amendment Bill 2001
     Part 2         Petroleum Retailers Rights and Liabilities Act 1982

     s. 13



                            $20 000 for an individual or $100 000 for a body
                            corporate.
                                                                                 ".

     13.         Certain references to underground storage amended
5                A provision listed in the Table to this section is amended by
                 deleting "underground" and inserting instead the following --
                 "   bulk     ".
                                                 Table
                            s. 4(3)(g) and (h)           s. 5(7)
                            s. 5(1)(a)

     14.         Certain references to tenants amended
10         (1)   A provision listed in the Table to this subsection is amended by
                 deleting "tenant" (including where, in section 4(5)(b), it is
                 incorrectly spelt as "tentant") and inserting instead the
                 following --
                 "   retailer      ".
15                                               Table
                            s. 4(3) (in 2 places)        s. 5(7) and (8)
                            s. 4(5)(a), (b), and (c)     s. 6(1) and (2)
                            s. 4(6) (in 2 places)        s. 7(1) (in 2 places)
                            s. 5(3)(a)
           (2)   Each of section 5(1), (5), and (6) is amended by deleting "tenant
                 of " and inserting instead the following --
                 "   retailer at        ".

     15.         Certain references to power corrected
20         (1)   Section 5(9) is amended by deleting "of power" and "of a
                 power" and in each case inserting instead the following --
                 " of a right           ".

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              Petroleum Retailers Rights and Liabilities Act 1982    Part 2

                                                                          s. 15



    (2)   Section 7(1) is amended by deleting "or power".
    (3)   A provision listed in the Table to this subsection is amended by
          deleting "power" and inserting instead the following --
          "    right   ".
5                                       Table
                   s. 4(3)(g) and (h)           s. 5(6) (in 4 places)
                   s. 5(3)(a) and (5)           s. 5(7) (in 2 places)




                                                                        page 19
     Petroleum Legislation Amendment Bill 2001
     Part 3         Petroleum Products Pricing Act 1983

     s. 16



             Part 3 -- Petroleum Products Pricing Act 1983
     16.       The Act amended
               The amendments in this Part are to the Petroleum Products
               Pricing Act 1983*.
5              [* Act No. 1 of 1983.
                  For subsequent amendments see 2000 Index to Legislation of
                  Western Australia, Table 1, p. 337.]
     17.       Section 22H amended
               Section 22H is amended by deleting the definition of "kind of
10             motor fuel" and inserting the following definition instead --
               "
                     "kind of motor fuel" refers to the type of motor fuel
                         and, if there are different grades or brands of a
                         particular type of motor fuel, motor fuel of that
15                       type has to be of the same grade and brand for it to
                         be the same kind of motor fuel;
                                                                                 ".
     18.       Section 22J replaced
               Section 22J is repealed and the following section is inserted
20             instead --
     "
             22J.    Regulations requiring notification of, and
                     restricting change of, price
               (1)   The regulations may --
25                    (a) require a person who offers motor fuel for retail
                            sale at a particular place to have notified the
                            Commissioner, in accordance with the
                            regulations, of the standard retail price at which
                            each kind of motor fuel is to be offered for sale
30                          at that place for a period fixed by the
                            regulations;

     page 20
                                          Petroleum Legislation Amendment Bill 2001
                                   Petroleum Products Pricing Act 1983       Part 3

                                                                                      s. 19



                           (b)    prohibit a person from offering motor fuel for
                                  sale at a standard retail price that differs from
                                  the standard retail price that was notified as
                                  required by regulations under paragraph (a).
5                (2)     If a kind of motor fuel is not available for retail sale at
                         a particular place except in accordance with an existing
                         agreement or arrangement between the customer and
                         the retailer, subsection (1) does not apply to the sale of
                         that kind of motor fuel at that place.
10               (3)     The regulations may include provision for the
                         Commissioner to be notified if a person ceases,
                         temporarily or not, to be required by regulations under
                         subsection (1)(a) to notify in respect of all motor fuel
                         or any kind of motor fuel.

15   19.         Penalties amended
           (1)   Under the provisions identified in the Table to this subsection
                 "Penalty: in the case of an individual, $4 000 and, in the case of
                 a body corporate, $10 000." is deleted and the following is
                 inserted instead --
20               "     Penalty: $20 000.    ".
                                              Table
                       s. 11(1)                  s. 21
                       s. 14(1)                  s. 22B
                       s. 14(2)                  s. 22C
                       s. 15                     s. 22D
                       s. 16(1)                  s. 22E
                       s. 17                     s. 22F
                       s. 18(3)                  s. 27(5)
                       s. 19(1)                  s. 27A(5)
                       s. 20(1)
           (2)   The penalties specified under the provisions identified in
                 column 1 of the Table to this subsection are amended by


                                                                                page 21
     Petroleum Legislation Amendment Bill 2001
     Part 3         Petroleum Products Pricing Act 1983

     s. 19



                deleting the amounts shown in column 2 and inserting instead
                the amounts shown in column 3.
                                        Table
              column 1              column 2               column 3
              provision             amount deleted         amount inserted
              s. 25(1)              $4 000                 $20 000
              s. 26                 $4 000                 $20 000
              s. 33(1)              $10 000                $20 000
        (3)     Section 34(a) is amended as follows --
5                (a) in subparagraph (i), by deleting "$1 000" and inserting
                       instead --
                       " $20 000 ";
                 (b) in subparagraph (ii), by deleting "$2 000" and inserting
                       instead --
10                     " $100 000 ".

                                                                               ".




 


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