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This Act may be cited as the Low Aromatic Fuel Act 2012 .
This Act commences on the day this Act receives the Royal Assent.
This Act is about promoting the supply of low aromatic fuel and controlling the supply of other fuels in certain areas in order to reduce potential harm to the health of people living in those areas from sniffing fuel (see the object of this Act in section 4).
Part 2—Requirements relating to fuels for low aromatic fuel areas and fuel control areas
Division 1 of Part 2 deals with requirements relating to regular unleaded petrol for low aromatic fuel areas. A corporation must not supply regular unleaded petrol in a low aromatic fuel area.
Division 2 of Part 2 deals with requirements relating to low aromatic fuel for low aromatic fuel areas and fuel control areas. These requirements are determined by the Minister by legislative instrument.
Division 3 of Part 2 deals with requirements for fuels generally for low aromatic fuel areas and fuel control areas. These requirements are determined by the Minister by legislative instrument.
Before making a determination for the purposes of Division 2 or 3 of Part 2, the Minister must be satisfied that making the determination will further the object of this Act.
Part 3—Designating low aromatic fuel areas and fuel control areas
Low aromatic fuel areas and fuel control areas are designated by the Minister under Part 3.
The Minister may only designate an area as a low aromatic fuel area, following appropriate consultation, if satisfied that doing so is reasonably likely to help reduce potential harm from sniffing fuel in that area.
The Minister may only designate an area as a fuel control area, following appropriate consultation, if satisfied that doing so is reasonably likely to help reduce potential harm from sniffing fuel in that area or in a low aromatic fuel area.
Part 4—Exemptions from requirements of this Act
Under Part 4, the Minister may exempt specified conduct from one or more of the requirements that would otherwise apply under Part 2 in relation to a low aromatic fuel area or a fuel control area.
Part 5—Miscellaneous matters
Part 5 deals with miscellaneous matters, including reviewing the operation of this Act and the power to make regulations.
Other introductory matters
Part 1 contains the Dictionary. The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.
In addition, Part 1 deals with the application of this Act to the Crown and the relationship between this Act and State and Territory laws.
The object of this Act is to reduce potential harm to the health of people living in certain areas from sniffing fuel.
In this Act:
conduct means an act, an omission to perform an act or a state of affairs.
corporation means a corporation to which paragraph 51(xx) of the Constitution applies.
emergency law means:
(a) the Liquid Fuel Emergency Act 1984 ; or
(b) a law prescribed by the regulations for the purposes of this definition.
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
fuel control area means an area designated by the Minister under section 15.
low aromatic fuel area means an area designated by the Minister under section 14.
petrol means a petroleum based fuel (whether or not containing ethanol) for spark-ignition internal combustion engines.
regular unleaded petrol means unleaded petrol that has a research octane number of less than 95, but does not include low aromatic fuel.
supply includes give, distribute, barter and exchange, whether or not for consideration, and whether or not the supply is a wholesale or retail supply.
(1) This Act binds the Crown in each of its capacities.
(2) This Act does not make the Crown liable to be prosecuted for an offence.
(3) The protection in subsection (2) does not apply to an authority of the Crown.
7 Relationship to State and Territory laws
This Act is not intended to exclude the operation of any law of a
State or Territory, to the extent that that law is capable of
operating concurrently with this Act.