Western Australian Consolidated Acts

PETROLEUM PRODUCTS PRICING ACT 1983 - NOTES

Notes

¹ This is a compilation of the Petroleum Products Pricing Act 1983 and includes the amendments made by the other written laws referred to in the following table ^1a. The table also contains information about any reprint.

Compilation table

Short title	Number and year	Assent	Commencement
Prevention of Excessive Prices Act 1983 2	1 of 1983	25 Mar 1983	25 Mar 1983 (see s. 2 and Gazette 25 Mar 1983 p. 1059)
Acts Amendment (Prevention of Excessive Prices) Act (No. 2) 1983 Pt. III	72 of 1983	22 Dec 1983	30 Dec 1983 (see s. 2(b))
Acts Amendment (Consumer Affairs) Act 1985 Pt. VI	1 of 1985	8 Mar 1985	8 Mar 1985 (see s. 2(3))
Acts Amendment (Financial Administration and Audit) Act 1985 s. 3	98 of 1985	4 Dec 1985	1 Jul 1986 (see s. 2 and Gazette 30 Jun 1986 p. 2255)
Acts Amendment (Public Sector Management) Act 1994 s. 3(2)	32 of 1994	29 Jun 1994	1 Oct 1994 (see s. 2 and Gazette 30 Sep 1994 p. 4948)
Industrial Relations Legislation Amendment and Repeal Act 1995 s. 69(2)	79 of 1995	16 Jan 1996	16 Jan 1996 (see s. 3(1))
Local Government (Consequential Amendments) Act 1996 s. 4	14 of 1996	28 Jun 1996	1 Jul 1996 (see s. 2)
Statutes (Repeals and Minor Amendments) Act 1997 s. 39(10) and 93	57 of 1997	15 Dec 1997	15 Dec 1997 (see s. 2(1))
Petroleum Products Pricing Amendment Act 2000	73 of 2000	4 Dec 2000	1 Jan 2001
Petroleum Legislation Amendment Act 2001 Pt. 3	11 of 2001	13 Jul 2001	s. 20: 24 Aug 2001 (see s. 2(2) and Gazette 23 Aug 2001 p. 4377); balance: 1 Jan 2002 (see s. 2(1) and Gazette 31 Dec 2001 p. 6761)
Reprint of the Petroleum Products Pricing Act 1983 as at 11 Jan 2002 (includes amendments listed above) (correction in Gazette 20 Sep 2002 p. 4693)
Courts Legislation Amendment and Repeal Act 2004 s. 141	59 of 2004	23 Nov 2004	1 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7128)
Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 s. 80 and 82	84 of 2004	16 Dec 2004	2 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7129 (correction in Gazette 7 Jan 2005 p. 53))
Oaths, Affidavits and Statutory Declarations (Consequential Provisions) Act 2005 s. 63	24 of 2005	2 Dec 2005	1 Jan 2006 (see s. 2(1) and Gazette 23 Dec 2005 p. 6244)
Machinery of Government (Miscellaneous Amendments) Act 2006 Pt. 4 Div. 17 3	28 of 2006	26 Jun 2006	1 Jul 2006 (see s. 2 and Gazette 27 Jun 2006 p. 2347)
Reprint 2: The Petroleum Products Pricing Act 1983 as at 13 Oct 2006 (includes amendments listed above)
Financial Legislation Amendment and Repeal Act 2006 s. 17 4	77 of 2006	21 Dec 2006	1 Feb 2007 (see s. 2 and Gazette 19 Jan 2007 p. 137)

Acts Amendment (Bankruptcy) Act 2009 s. 66

18 of 2009

16 Sep 2009

17 Sep 2009 (see s. 2(b))

^1a On the date as at which this compilation was prepared, provisions referred to in the following table had not come into operation and were therefore not included in this compilation. For the text of the provisions see the endnotes referred to in the table.

Provisions that have not come into operation

Short title	Number and year	Assent	Commencement
Road Traffic Legislation Amendment Act 2012 Pt. 4 Div. 40 6	8 of 2012	21 May 2012	Operative on commencement of the Road Traffic (Administration) Act 2008 (see s. 2(d))

² Now known as the Petroleum Products Pricing Act 1983; short title changed (see note under s. 1).

(a) the Associations Incorporation Act 1987;

(b) the Business Names Act 1962;

(c) the Chattel Securities Act 1987;

(d) the Companies (Co-operative) Act 1943;

(e) Part 8 of the Competition Policy Reform (Western Australia) Act 1996;

(f) the Consumer Affairs Act 1971;

(g) the Co-operative and Provident Societies Act 1903;

(h) the Credit Act 1984;

(i) the Credit (Administration) Act 1984;

(j) the Employment Agents Act 1976;

(k) the Hire-Purchase Act 1959;

(l) the Limited Partnerships Act 1909;

(m) the Motor Vehicle Dealers Act 1973;

(n) the Petroleum Products Pricing Act 1983;

(o) the Petroleum Retailers Rights and Liabilities Act 1982;

(p) the Residential Tenancies Act 1987;

(q) the Retirement Villages Act 1992;

(r) the Travel Agents Act 1985.

(2) A thing done or omitted to be done by, to or in relation to, the Commissioner for Fair Trading (including in his or her capacity as the Prices Commissioner) before commencement under a provision of the Consumer Affairs Act 1971 for the purposes of another enactment listed in subsection (1) has the same effect after commencement, to the extent that it has any force or significance after commencement, as if it had been done or omitted —

(a) by, to or in relation to, the Commissioner or Registrar (as the case requires) as defined in that other enactment as in force after commencement; and

(b) where relevant, under the corresponding provision of that other enactment as in force after commencement.

(3) To the extent that a thing done or omitted to be done by, to or in relation to, the Commissioner for Fair Trading (including in his or her capacity as the Prices Commissioner) before commencement under, or for the purposes of, an enactment listed in subsection (1) is not covered by subsection (2), it has the same effect after commencement, to the extent that it has any force or significance after commencement, as if it had been done or omitted by, to or in relation to, the Commissioner or Registrar (as the case requires) as defined in that enactment as in force after commencement.

(4) A thing done or omitted to be done by, to or in relation to, the Commissioner for Fair Trading before commencement under, or for the purposes of, an enactment not listed in subsection (1) has the same effect after commencement, to the extent that it has any force or significance after commencement, as if it had been done or omitted by, to or in relation to, the Commissioner as defined in the Consumer Affairs Act 1971 as in force after commencement.

(5) A reference in an enactment to the Commissioner for Fair Trading is to have effect after commencement as if it had been amended to be a reference to —

(a) in the case of an enactment listed in subsection (1) or subsidiary legislation made under such an enactment — the Commissioner or Registrar (as the case requires) as defined in the enactment as in force after commencement; or

(b) in the case of any other enactment or subsidiary legislation — the Commissioner as defined in the Consumer Affairs Act 1971 as in force after commencement.

152. Commissioner for Corporate Affairs and Registrar of Co-operative and Financial Institutions

(1) A thing done or omitted to be done by, to or in relation to, the Commissioner for Corporate Affairs before commencement under, or for the purposes of, the Companies (Co-operative) Act 1943 has the same effect after commencement as if it had been done or omitted by, to or in relation to, the Registrar as defined in that Act as in force after commencement.

(2) A thing done or omitted to be done by, to or in relation to, the Registrar of Co-operative and Financial Institutions before commencement under, or for the purposes of, the Co-operative and Provident Societies Act 1903 has the same effect after commencement as if it had been done or omitted by, to or in relation to, the Registrar as defined in that Act as in force after commencement.

153. Consumer Affairs Act 1971

Each office in existence immediately before commencement because of section 15(1) of the Consumer Affairs Act 1971 does not cease merely because that subsection is repealed by this Act.

154. Petroleum Products Pricing Act 1983

Each office in existence immediately before commencement because of section 5(2)(b) of the Petroleum Products Pricing Act 1983 does not cease merely because that paragraph is deleted by this Act.

155. Interpretation

In this Division —

commencement means the time at which this Division comes into operation;

Commissioner for Fair Trading means the Commissioner for Fair Trading referred to in section 15 of the Consumer Affairs Act 1971 as in force before commencement;

Prices Commissioner means the Prices Commissioner referred to in section 5(1) of the Petroleum Products Pricing Act 1983 as in force before commencement.

”.

⁴ The amendment to s. 7(5) in the Financial Legislation Amendment and Repeal Act 2006 s. 17, which gives effect to Sch. 1 cl.126, is not included because the subsection it sought to amend was repealed by the Machinery of Government (Miscellaneous Amendments) Act 2006 s. 116(3).

⁵ The Petroleum Retail Marketing Franchise Act 1980 (Cwlth) has been repealed by the Petroleum Retail Legislation Repeal Act 2006 (Cwlth) (No. 2006/113).

⁶ On the date as at which this compilation was prepared, the Road Traffic Legislation Amendment Act 2012 Pt. 4 Div. 40 had not come into operation. It reads as follows:

Division 40 — Petroleum Products Pricing Act 1983 amended

158. Act amended

This Division amends the Petroleum Products Pricing Act 1983.

159. Section 3 amended

In section 3(1) in the definition of motor vehicle delete “section 5 of the Road Traffic Act 1974;” and insert:

the Road Traffic (Administration) Act 2008 section 4;

Defined Terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined Term Provision(s)
authorised person 31A
calendar month 22C(2)
Commissioner 3(1)
committee 3(1)
consumer representative 8(7)
controlled petroleum product 3(1)
controlled petroleum service 3(1)
date of fixation 16(4)
declared petroleum product 3(1)
declared petroleum service 3(1)
declared terminal 22A(1)
Department 3(1)
dispensing equipment 3(1)
displayed price 22A(1)
documents 3(1)
executive officer 5(3)
franchise agreement 3(1)
kind of motor fuel 22A(1), 22H
landed cost 3(1)
LPG 3(1)
motor fuel 3(1)
motor vehicle 3(1)
offer 22A(1)
officer 31H(3)
order 3(1)
paragraph 3(1)
Part 3(1)
petroleum 3(1)
petroleum product 3(1)
petroleum service 3(1)
prescribed 31A
previous month 22C(2)
price 3(1)
rate 3(1)
relevant supply 22E(1)
section 3(1)
services 3(1)
standard retail price 22H
subsection 3(1)
supplier 22A(1)
terminal 22A(1)
the aggrieved person 22G(2)
the impost rate 12(4a)
the new impost 12(4a)
the vendor 18(1)
trade representative 8(7)
working day 11(3)