Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this Act unless
the context otherwise requires —
authorised officer means a person designated
as an authorised officer under section 12;
bulk storage means a storage tank or a number of
storage tanks for motor fuel installed at a site;
Commissioner has the meaning given by
section 3 of the Petroleum Products Pricing Act 1983 ;
Department has the meaning given by section 3
of the Petroleum Products Pricing Act 1983 ;
dispensing equipment means —
(a) in
relation to petrol or diesel fuel, a pump that transfers motor fuel from any
bulk storage into the part of a road vehicle designed to hold that kind of
motor fuel for use in the propulsion of that vehicle;
(b) in
relation to LPG fuel, a device that transfers LPG fuel from any bulk storage
into the part of a road vehicle designed to hold LPG fuel for use in the
propulsion of that vehicle;
landlord means, in relation to a site at which the
retailer is a tenant, the person who has granted to the retailer the right to
occupy the site;
motor fuel means LPG (liquefied petroleum gas),
petrol or diesel fuel used in propelling a road vehicle;
primary supplier , in relation to a particular
kind and, where applicable, grade of motor fuel, means the person, if any,
from whom the retailer would, but for this Act, be obliged to purchase more
than 50% of that kind and, where applicable, grade of motor fuel for the site
concerned;
retailer means a person who sells motor fuel by
retail at a site;
section means a section of this Act;
site means premises at which motor fuel is sold by
retail and is usually dispensed through dispensing equipment;
subsection means a subsection of the section in
which that term is used;
tenant means, in relation to a site, a retailer
whose right to occupy the site at which motor fuel is sold is not as the owner
of the site but derives through another person.
(2) Nothing in this
Act shall apply to a site which is being lawfully operated by a prescribed
corporation within the meaning of the Petroleum Retail Marketing Sites
Act 1980 of the Commonwealth in accordance with that Act.
(3) Nothing in
this Act shall apply to or in relation to a site which is primarily used
for and in connection with the wholesaling of motor fuel.
[Section 3 amended by No. 57 of 1997
s. 39(10); No. 11 of 2001 s. 5; No. 28 of 2006 s. 129.]