Australian Capital Territory Consolidated Acts

FUELS CONTROL ACT 1979 - NOTES

Note 2     For example, the Legislation Act, dict, pt 1, defines the following terms:

              •     director-general (see s 163)

              •     emergency services commissioner

              •     exercise

              •     public servant.

"controller" means the Controller of Fuels under section 3.

"declared fuel" means a fuel in relation to which a declaration under section 11 is in force.

"fuel" means petroleum, a petroleum product or a petrochemical.

"inspector" means an inspector under section 5.

"petrochemical" means a substance, whether in a gaseous, liquid or solid state, but not being a petroleum product, manufactured from any of, or from a mixture of any of, the following substances, that is to say, a petroleum product, petroleum or a petroliferous mineral.

"petroleum" means—

        (a)     any naturally occurring hydrocarbon, whether in a gaseous, liquid or solid state; or

        (b)     any naturally occurring mixture of hydrocarbons, whether in a gaseous, liquid or solid state; or

        (c)     any naturally occurring mixture of a hydrocarbon or hydrocarbons, whether in a gaseous, liquid or solid state, and 1 or more of the following, that is to say, hydrogen sulphide, nitrogen, helium and carbon dioxide.

"petroleum product" means—

        (a)     any hydrocarbon or mixture of hydrocarbons produced by subjecting petroleum to a process of refining or produced from petroliferous minerals; or

        (b)     any mixture of a hydrocarbon or hydrocarbons so produced with another substance or other substances.

"prescribed business" means a business of selling fuels, whether by wholesale or retail.

Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

3     Legislation history

This Act was originally a Commonwealth ordinance—the Fuels Control Ordinance 1979 (Cwlth).

The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).

As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 No 21, s 5 on 11 May 1989 (self-government day).

Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).

    Legislation before becoming Territory enactment

Fuels Control Act 1979 No 14

notified 20 June 1979

commenced 20 June 1979

as amended by

Fuels Control (Amendment) Ordinance 1982 No 5

notified 4 March 1982

commenced 4 March 1982

Self-Government (Consequential Amendments) Ordinance 1989 No 38 sch 1

notified 10 May 1989 (Cwlth Gaz 1989 No S160)

s 1, s 2 commenced 10 May 1989 (s 2 (1))

sch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989 No S164)

    Legislation after becoming Territory enactment

Statutory Offices (Miscellaneous Provisions) Act 1994 No 97 sch pt 1

notified 15 December 1994 (Gaz 1994 No S280)

s 1, s 2 commenced 15 December 1994 (s 2 (1))

sch pt 1 commenced 15 December 1994 (s 2 (2) and Gaz 1994 No S293)

Statute Law Revision (Penalties) Act 1998 No 54 sch

notified 27 November 1998 (Gaz 1998 No S207)

s 1, s 2 commenced 27 November 1998 (s 2 (1))

sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)

Legislation (Consequential Amendments) Act 2001 No 44 pt 160

notified 26 July 2001 (Gaz 2001 No 30)

s 1, s 2 commenced 26 July 2001 (IA s 10B)

pt 160 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 2 pt 2.39

notified LR 26 March 2004

s 1, s 2 commenced 26 March 2004 (LA s 75 (1))

sch 2 pt 2.39 commenced 9 April 2004 (s 2 (1))

Criminal Code Harmonisation Act 2005 A2005-54 sch 1 pt 1.23

notified LR 27 October 2005

s 1, s 2 commenced 27 October 2005 (LA s 75 (1))

sch 1 pt 1.23 commenced 24 November 2005 (s 2)

Emergencies Amendment Act 2005 A2005-56 sch 1 pt 1.1

notified LR 23 November 2005

s 1, s 2 commenced 23 November 2005 (LA s 75 (1))

sch 1 pt 1.1 commenced 24 November 2005 (s 2)

Administrative (Miscellaneous Amendments) Act 2006 A2006-30 sch 1 pt 1.5

notified LR 16 June 2006

s 1, s 2 commenced 16 June 2006 (LA s 75 (1))

sch 1 pt 1.5 commenced 1 July 2006 (s 2 (1))

Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.50

notified LR 22 March 2007

s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))

sch 3 pt 3.50 commenced 12 April 2007 (s 2 (1))

Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.69

notified LR 30 June 2011

s 1, s 2 commenced 30 June 2011 (LA s 75 (1))

sch 1 pt 1.69 commenced 1 July 2011 (s 2 (1))

4     Amendment history

Name of Act
s 1     sub A2007-3 amdt 3.276

Dictionary
s 2     defs reloc to dict A2007-3 amdt 3.277
    sub A2007-3 amdt 3.278

Notes
s 2A     ins A2005-54 amdt 1.156

Offences against Act—application of Criminal Code etc
s 2B     ins A2005-54 amdt 1.156

Controller of Fuels
s 3     sub 1994 No 97 sch pt 1; A2007-3 amdt 3.279
    (2)-(4) exp 12 April 2008 (s 3 (4) (LA s 88 declaration applies))
    am A2011-22 amdt 1.214

Delegation by controller
s 4     am 1982 No 5; 1989 No 38 sch 1
    sub 1994 No 97 sch pt 1; A2007-3 amdt 3.280

Inspectors
s 5     sub 1994 No 97 sch pt 1; A2007-3 amdt 3.281
    (3)-(5) exp 12 April 2008 (s 5 (5) (LA s 88 declaration applies))
    am A2011-22 amdt 1.214

Identity cards
s 5A     ins 1994 No 97 sch pt 1
    am 1998 No 54 sch
    sub A2005-54 amdt 1.157
    (5)-(7) exp 24 November 2005 (s 5A (7))
    am A2011-22 amdt 1.214

Person carrying on prescribed business must give controller notice
s 7     am 1998 No 54 sch
    sub A2005-54 amdt 1.158

Controller may require information
s 8     am 1998 No 54 sch
    sub A2005-54 amdt 1.158

Powers of inspector
s 9     am 1982 No 5; 1994 No 97 sch pt 1; 1998 No 54 sch; A2005-54 amdt 1.159

Controller may require information from persons having storage capacity exceeding the prescribed capacity
s 10     am 1982 No 5; 1998 No 54 sch; A2005-54 amdts 1.160-1.162

Declaration
s 11     am 2001 No 44 amdt 1.1862, amdt 1.1863

Powers of emergency services commissioner during emergency
s 12 hdg     sub A2005-56 amdt 1.1
s 12     am 1982 No 5; 1998 No 54 sch; pars renum R3 LA; A2005-54 amdt 1.163; A2005-56 amdt 1.2
    sub A2006-30 amdt 1.63

Controller to give information to emergency services commissioner
s 12A     ins A2005-56 amdt 1.3
    sub A2006-30 amdt 1.63

Powers of inspector
s 14     om 1982 No 5

Inspector may inspect vehicle suspected of transporting fuel
s 15     am 1998 No 54 sch; A2005-54 amdt 1.164

Control of disposal etc of certain fuel brought into ACT
s 16     am 1998 No 54 sch
    sub A2005-54 amdt 1.165
    am A2005-56 amdt 1.4

Application
s 17     am A2005-56 amdt 1.5; A2006-30 amdt 1.64

Obstruction of controller or an inspector
s 18     am 1998 No 54 sch
    om A2004-15 amdt 2.87

Service of notices
s 19     am 1982 No 5
    om A2005-54 amdt 1.166

Information not admissible in evidence
s 20     orig s 20 am 1989 No 38 sch
    sub as s 21 2001 No 44 amdt 1.1864
    pres (prev s 19A) ins 1982 No 5
    renum 2001 No 44 amdt 1.1865
    am A2004-15 amdt 2.88

Regulation-making power
s 21     ins 2001 No 44 amdt 1.1864

Dictionary
dict     ins A2007-3 amdt 3.282
    am A2011-22 amdt 1.215
    def controller sub 1994 No 97 sch pt 1
    reloc from s 2 A2007-3 amdt 3.277
    def declared fuel reloc from s 2 A2007-3 amdt 3.277
    def fuel reloc from s 2 A2007-3 amdt 3.277
    def inspector sub 1994 No 97 sch pt 1
    reloc from s 2 A2007-3 amdt 3.277
    def petrochemical reloc from s 2 A2007-3 amdt 3.277
    def petroleum reloc from s 2 A2007-3 amdt 3.277
    def petroleum product reloc from s 2 A2007-3 amdt 3.277
    def prescribed business reloc from s 2 A2007-3 amdt 3.277

5     Earlier republications

Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No	Amendments to	Republication date
1	ord 1989 No 38	31 July 1991
2	Act 1998 No 54	31 March 1999
3	A2001-44	14 January 2002
4	A2004-15	9 April 2004
5	A2005-56	24 November 2005
6	A2005-56	25 November 2005
7	A2006-30	1 July 2006
8	A2007-3	12 April 2007
9	A2007-3	13 April 2008

© Australian Capital Territory 2011

Australian Capital Territory

A1979-14

Republication No 10

Effective: 1 July 2011

Republication date: 1 July 2011

Last amendment made by A2011-22





Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the Fuels Control Act 1979

(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 July 2011

. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 July 2011

.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):

              • authorised republications to which the Legislation Act 2001 applies

              • unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory

Fuels Control Act 1979

Endnotes

Australian Capital Territory

Fuels Control Act 1979