8   Prohibition on supplying etc. regular unleaded petrol in low aromatic fuel areas

Offence—supplying regular unleaded petrol in low aromatic fuel area

             (1)  A corporation must not supply regular unleaded petrol to a person if the person is in a low aromatic fuel area.

Penalty:  300 penalty units.

Note:          Low aromatic fuel areas are designated by the Minister under section 14.

Offence—transporting regular unleaded petrol for supply in low aromatic fuel area

             (2)  A corporation must not transport regular unleaded petrol:

                     (a)  intending to supply any of it to a person (the recipient ); or

                     (b)  believing that another person intends to supply any of it to a third person (the recipient );

if the recipient is in a low aromatic fuel area.

Penalty   300 penalty units.

Offence—possessing regular unleaded petrol for supply in low aromatic fuel area

             (3)  A corporation must not possess regular unleaded petrol intending to supply any of it to a person if the person is in a low aromatic fuel area.

Penalty   300 penalty units.

Exceptions

             (4)  A corporation does not commit an offence against subsection (1), (2) or (3) by engaging in particular conduct if:

                     (a)  both:

                              (i)  the conduct is exempt under section 17; and

                             (ii)  the corporation complies with any conditions of the exemption in engaging in the conduct; or

                     (b)  the corporation engages in the conduct in order to comply with a direction or order under an emergency law.

Note:          A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code ).

9   Requirements relating to low aromatic fuel for low aromatic fuel areas and fuel control areas

Minister may determine requirements

             (1)  The Minister may, by legislative instrument, determine requirements relating to the following:

                     (a)  communicating information in connection with the supply of low aromatic fuel in, or in relation to, a low aromatic fuel area or fuel control area , including information promoting low aromatic fuel;

                     (b)  making and keeping records relating to the supply, transport, possession or storage of low aromatic fuel in, or in relation to, a low aromatic fuel area or a fuel control area;

                     (c)  giving the Minister specified information relating to the supply, transport, possession or storage of low aromatic fuel in, or in relation to, a low aromatic fuel area or a fuel control area.

Note 1:       Low aromatic fuel areas and fuel control areas are designated by the Minister under sections 14 and 15.

Note 2:       For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003 .

             (2)  Without limiting subsection (1), a determination under that subsection may determine requirements in relation to one or more specified areas or areas in a specified class.

             (3)  Before making a determination under subsection (1), the Minister must be satisfied that making the determination will further the object of this Act.

10   Offence—contravening requirements relating to low aromatic fuel

             (1)  A corporation must not contravene a requirement determined under section 9.

Penalty:  100 penalty units.

Exceptions

             (2)  A corporation does not commit an offence against subsection (1) by engaging in particular conduct if both:

                     (a)  the conduct is exempt under section 17; and

                     (b)  the corporation complies with any conditions of the exemption in engaging in the conduct.

Note:          A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code ).

11   Requirements relating to fuels generally for low aromatic fuel areas and fuel control areas

Minister may determine requirements

             (1)  The Minister may, by legislative instrument, determine requirements relating to the supply, transport, possession or storage of a fuel in, or in relation to, a low aromatic fuel area or a fuel control area.

Note:          Low aromatic fuel areas and fuel control areas are designated by the Minister under sections 14 and 15.

             (2)  Without limiting subsection (1), a determination under that subsection may do any or all of the following:

                     (a)  prohibit (either absolutely or subject to conditions), limit, restrict or otherwise affect the supply, transport, possession or storage, of a fuel in, or in relation to, a low aromatic fuel area or a fuel control area;

                     (b)  require a fuel in a low aromatic fuel area or a fuel control area to be stored or secured in accordance with the determination;

                     (c)  require a fuel in a low aromatic fuel area or a fuel control area to be supplied in a specified kind of container;

                     (d)  specify requirements in relation to communicating information, in accordance with the determination, in connection with a supply of a fuel in, or in relation to, a low aromatic fuel area or a fuel control area;

                     (e)  specify requirements in relation to the information or documentation that a person must provide before a fuel is supplied to the person in a low aromatic fuel area or a fuel control area;

                      (f)  require a person to make and keep records relating to the supply, transport, possession or storage of a fuel in, or in relation to, a low aromatic fuel area or a fuel control area in accordance with the determination;

                     (g)  require a person to give the Minister specified information relating to the supply, transport, possession or storage of a fuel in, or in relation to, a low aromatic fuel area or a fuel control area, including information relating to a suspected offence against this Act.

             (3)  The paragraphs of subsection (2) do not limit each other.

             (4)  Without limiting subsection (1), a determination under that subsection may determine requirements in relation to one or more specified areas or areas in a specified class.

             (5)  Before making a determination under subsection (1), the Minister must be satisfied that making the determination will further the object of this Act.

             (6)  In making a determination under subsection (1), the Minister must have regard to:

                     (a)  the wellbeing of people living in and near the area; and

                     (b)  any submissions of the kind referred to in paragraph 13(2)(b); and

                     (c)  any other matter that the Minister considers relevant.

12   Offence—contravening requirements relating to fuels generally

             (1)  A corporation must not contravene a requirement determined under section 11.

Penalty:  300 penalty units.

Exceptions

             (2)  A corporation does not commit an offence against subsection (1) by engaging in particular conduct if:

                     (a)  both:

                              (i)  the conduct is exempt under section 17; and

                             (ii)  the corporation complies with any conditions of the exemption in engaging in the conduct; or

                     (b)  the corporation engages in the conduct in order to comply with a direction or order under an emergency law.

Note:          A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code ).

13   Consultation before determining requirements relating to fuels generally

             (1)  Before making a determination under section 11, the Minister must consult with such persons and bodies from among the following as the Minister considers appropriate:

                     (a)  community representatives and bodies;

                     (b)  suppliers of fuel;

                     (c)  persons with an interest in or knowledge of human health;

                     (d)  any other person that the Minister considers appropriate.

             (2)  Without limiting subsection (1), the Minister must ensure that:

                     (a)  information setting out the following has been made available in the area or areas to which the determination relates:

                              (i)  the proposed requirements;

                             (ii)  an explanation, in summary form, of the proposed requirements; and

                     (b)  people living in the area, and businesses and organisations operating in the area, have been given a reasonable opportunity to make submissions to the Minister about:

                              (i)  the proposed requirements; and

                             (ii)  the consequences of determining the proposed requirements; and

                            (iii)  their circumstances, concerns and views, so far as they relate to the proposed requirements.