Western Australian Consolidated Acts

PETROLEUM PRODUCTS PRICING ACT 1983 - SECT 3

3 .         Definitions

        (1)         In this Act, unless the contrary intention appears — 

        Commissioner means the person for the time being designated as the Commissioner under section 5;

        committee means prices advisory committee established under section 8;

        controlled petroleum product means petroleum product the price of which is for the time being regulated under an order;

        controlled petroleum service means petroleum service the rate for which is for the time being regulated under an order;

        declared petroleum product means petroleum product for the time being declared under section 10;

        declared petroleum service means petroleum service for the time being declared under section 10;

        Department means the department of the Public Service principally assisting in the administration of this Act;

        dispensing equipment has the meaning given by section 3 of the Petroleum Retailers Rights and Liabilities Act 1982 ;

        documents includes books, papers, forms and accounts and any other written records and any device by means of which information is recorded or stored;

        franchise agreement has the meaning given by section 3 of the Petroleum Retail Marketing Franchise Act 1980  ⁵ of the Commonwealth;

        landed cost means actual cost of petroleum products landed in the store in this State of the person to or for whom or on whose behalf the petroleum products were originally supplied or ordered, or at such other point of delivery as is determined under subsection (3);

        LPG means liquefied petroleum gas;

        motor fuel means petrol, LPG, or diesel fuel intended for use in propelling motor vehicles;

        motor vehicle has the meaning given by section 5 of the Road Traffic Act 1974 ;

        order means order made under section 12;

        paragraph means paragraph of the section or subsection in which the term appears;

        Part means Part of this Act;

        petroleum means —

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

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

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

        petroleum product means a product derived from petroleum, but not petroleum itself, except that it does not include —

            (a)         a product listed in Schedule 1; or

            (b)         a product that is excluded from this definition by an order under subsection (4),

        and it includes LPG (whether motor fuel or not, and whether or not the LPG is petroleum);

        petroleum service means service consisting of the provision for reward in accordance with a franchise agreement of any premises, being premises at which motor fuel is — 

            (a)         sold by retail to persons within the State; and

            (b)         usually dispensed through dispensing equipment;

        price , in relation to any goods, or rate , in relation to any service, includes every valuable consideration, whether direct or indirect; and a reference to price includes a reference to rate;

        section means section of this Act;

        services means services (not being services provided by an employee, in his capacity as such, to his employer) provided by a person in the carrying on of an industrial, commercial, business, profit-making or remunerative undertaking (including a professional practice), and includes the provision for reward of lodging or of residential, industrial or commercial accommodation;

        subsection means subsection of the section in which the term appears.

        (2)         Expressions used in an order or notice or in any other instrument made, given or issued under this Act shall, unless the contrary intention appears, have the same respective meanings as in this Act.

        (3)         The Commissioner may from time to time determine a point of delivery for the purpose of the definition of “landed cost” in subsection (1), and may revoke such a determination.

        (4)         The Minister may, by an order published in the Gazette , exclude a product derived from petroleum but not listed in Schedule 1 from the definition of “petroleum product” in subsection (1), and may subsequently amend or revoke the order by another order published in the Gazette .

        [Section 3 amended by No. 72 of 1983 s. 7 and 15; No. 73 of 2000 s. 3; No. 28 of 2006 s. 114.]