Australian Capital Territory Consolidated Acts

FAIR TRADING (FUEL PRICES) ACT 1993 - NOTES

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

              •     commissioner for fair trading

              •     Minister (see s 162)

              •     person

              •     the Territory.

"base wholesale price", in relation to a specified fuel, means the wholesale price payable for that fuel, excluding—

        (a)     the amount per litre included in that price on account of freight charges in connection with the supply of that fuel; and

        (b)     the amount per litre included in that price on account of any duty payable by the wholesaler under a law of the Commonwealth.

"commissioner" means the commissioner for fair trading.

"determination" means a determination by the Minister under section 4 (1).

"fuel" means leaded petrol, unleaded petrol or distillate.

"leaded petrol" means petrol other than unleaded petrol.

"price" includes a charge of any description.

"Prices Surveillance Authority" means the authority established under that name by the Prices Surveillance Act 1983 (Cwlth).

"recommendation" means a recommendation by the commissioner under section 3 (1).

"regulated transfer" means a single consignment of a fuel that is—

        (a)     at least 2 000L; and

        (b)     delivered to or withdrawn from a place in the Territory under, or because of, an agreement for the sale, purchase or exchange of fuel.

"retail margin", in relation to a specified fuel, means the amount included in the retail price that is equal to the difference between that price and the base wholesale price of that fuel, excluding the amount per litre included in the retail price on account of the freight charges in connection with the supply of that fuel.

"retail price", of a specified fuel, means the price per litre payable on the sale of the fuel by retail.

"specified fuel" means the fuel that is specified in a recommendation or a determination, as the case requires.

"unleaded petrol" means petrol that—

        (a)     contains not more than 0.013g of lead per L; and

        (b)     contains not more than 0.0013g of phosphorous per L; and

        (c)     contains not more than 0.10% of sulphur by weight or, while a determination under the Environment Protection Act 1997, schedule 2 clause 6 specifying a higher percentage is in force, not more than that percentage; and

        (d)     has a research octane number not less than 91.0; and

        (e)     has a motor octane number of not less than 82.0.

"wholesale price", of a specified fuel, means the price per litre payable on the sale of the fuel by wholesale.

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

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

3     Legislation history

Fair Trading (Fuel Prices) Act 1993 No 40

notified 29 June 1993 (Gaz 1993 No S111)

commenced 29 June 1993

as amended by

Environment Protection (Consequential Provisions) Act 1997 No 93 sch 2

notified 1 December 1997 (Gaz 1997 No S380)

s 1, s 2 commenced 21 December 1997 (s 2 (1))

commenced 1 June 1998 (s 2 (3))

Tobacco Licensing (Amendment) Act 1998 No 18 sch 1

notified 10 July 1998 (Gaz 1998 No S190)

commenced 10 July 1998 (s 2)

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))

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

Fair Trading (Fuel Prices) (Amendment) Act 1999 No 45

notified 17 September 1999 (Gaz 1999 No S54)

commenced 17 September 1999 (s 2)

Law Reform (Miscellaneous Provisions) Act 1999 No 66 sch 3

notified 10 November 1999 (Gaz 1999 No 45)

commenced 10 November 1999 (s 2)

Justice and Community Safety Legislation Amendment Act 2000 (No 3) No 17 sch 1

notified 1 June 2000 (Gaz 2000 No 22)

commenced 1 June 2000 (s 2)

Fair Trading (Fuel Prices) Amendment Act 2001 No 50

notified 12 July 2001 (Gaz 2001 No 28)

commenced 12 July 2001 (s 2)

Legislation (Consequential Amendments) Act 2001 No 44 pt 140 (as am by Act 2001 No 70 sch 1)

notified 26 July 2001 (Gaz 2001 No 30)

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

pt 140 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.42

notified LR 22 March 2007

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

sch 3 pt 3.42 commenced 12 April 2007 (s 2 (1))

4     Amendment history

Name of Act
s 1     sub A2007-3 amdt 3.230

Dictionary
s 2     defs reloc to dict A2007-3 amdt 3.231
    sub A2007-3 amdt 3.232
    def director sub 1999 No 66 sch 3
    om 2000 No 17 sch 1

Notes
s 2A     ins A2007-3 amdt 3.232

Commissioner may make recommendation to Minister
s 3 hdg     am 2000 No 17 sch 1
s 3     am 2000 No 17 sch 1

Minister may determine fuel prices
s 4     am 2000 No 17 sch 1; 2001 No 44 amdt 1.1616, amdt 1.1617

Price offences
s 5     am 1998 No 54 sch

Power to obtain information
s 6     am 1998 No 54 sch; 2000 No 17 sch 1

Use of information
s 7     am 1998 No 54 sch; 2000 No 17 sch 1

When a volume of fuel must be temperature converted
s 8     ins 1999 No 45 s 5

Section 8 must not be circumvented
s 9     ins 1999 No 45 s 5

Record of temperature converted volume
s 10     ins 2001 No 50 s 5

Charging for temperature conversion of fuel prohibited
s 11     ins 2001 No 50 s 5

Regulation-making power
s 12     (prev s 8) renum as s 10 1999 No 45 s 6
    renum 2001 No 50 s 4
    sub 2001 No 44 amdt 1.1618 (as sub by 2001 No 70 sch 1)

Dictionary
dict     ins A2007-3 amdt 3.233
    def base wholesale price am 1998 No 18 sch 1
    reloc from s 2 A2007-3 amdt 3.231
    def commissioner ins 2000 No 17 sch 1
    reloc from s 2 A2007-3 amdt 3.231
    def determination reloc from s 2 A2007-3 amdt 3.231
    def fuel reloc from s 2 A2007-3 amdt 3.231
    def leaded petrol reloc from s 2 A2007-3 amdt 3.231
    def price reloc from s 2 A2007-3 amdt 3.231
    def Prices Surveillance Authority reloc from s 2 A2007-3 amdt 3.231
    def recommendation am 2000 No 17 sch 1
    reloc from s 2 A2007-3 amdt 3.231
    def regulated transfer ins 1999 No 45 s 4
    reloc from s 2 A2007-3 amdt 3.231
    def retail margin am 1998 No 18 sch 1
    reloc from s 2 A2007-3 amdt 3.231
    def retail price ins A2007-3 amdt 3.233
    def specified fuel reloc from s 2 A2007-3 amdt 3.231
    def unleaded petrol am 1997 No 93 sch 2
    reloc from s 2 A2007-3 amdt 3.231
    def wholesale price ins A2007-3 amdt 3.233

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	A1999-45	17 September 1999
2	A2000-17	24 July 2000
3	A2001-44	12 September 2001

© Australian Capital Territory 2007

Australian Capital Territory

A1993-40

Republication No 4

Effective: 12 April 2007

Republication date: 12 April 2007

Last amendment made by A2007-3





Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the Fair Trading (Fuel Prices) Act 1993 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 12 April 2007. It also includes any amendment, repeal or expiry affecting the republished law to 12 April 2007.

              • 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 or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.

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 Legislation Act 2001, section 95.

Penalties

The value of a penalty unit for an offence against this republished law at the republication date is—

(a) if the person charged is an individual—$100; or

(b) if the person charged is a corporation—$500.

Australian Capital Territory

Fair Trading (Fuel Prices) Act 1993

Endnotes

Australian Capital Territory

Fair Trading (Fuel Prices) Act 1993