Commonwealth Consolidated Acts

FUEL QUALITY STANDARDS ACT 2000 - SECT 20A

             (1)  A person contravenes this subsection if:

                     (a)  the person alters in any way fuel in Australia that is the subject of a fuel standard; and

                     (b)  the person is a constitutional corporation or a Commonwealth entity or the person alters the fuel in the course of, or for any purpose that is incidental to, constitutional trade or commerce; and

                     (c)  the person alters the fuel with the intention of using it in Australia; and

                     (d)  in the case where the fuel standard specifies the circumstances in which the standard applies--the person alters the fuel with the intention of using it in Australia in those circumstances; and

                     (e)  if the fuel standard applies only in specified circumstances--the fuel is intended to be used in those circumstances; and

                      (f)  the fuel as altered does not comply with the base standard (whether or not the fuel complied with that standard before the alteration); and

                     (g)  another person (the supplier ) supplied the fuel to the person in Australia, and either:

                              (i)  if the supplier held an approval varying the standard in respect of the supply--the fuel as altered does not comply with the standard as varied (whether or not the fuel complied with that standard as varied before the alteration); or

                             (ii)  if another person held an approval varying the standard in respect of the supply by the supplier--the fuel as altered does not comply with the standard as varied (whether or not the fuel complied with that standard as varied before the alteration).

Note:       See section 5 for the applicable standard in respect of that supply.

Civil penalty:

                     (a)  for an individual--500 penalty units; and

                     (b)  for a body corporate--2,500 penalty units.

             (2)  For the purposes of subsection (1), base standard means the standard determined under section 21, disregarding the application of subsection 21(2).