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This is a Bill, not an Act. For current law, see the Acts databases.
ENVIRONMENT PROTECTION (FUEL SALES DATA) AMENDMENT BILL 2007
2007
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for the Environment, Water and Climate
Change)
Environment
Protection (Fuel Sales Data) Amendment Bill 2007
Contents
Page
2007
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for the Environment, Water and Climate
Change)
Environment
Protection (Fuel Sales Data) Amendment Bill 2007
A Bill for
An Act to amend the
Environment Protection Act
1997, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Environment Protection (Fuel Sales Data) Amendment Act
2007.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
Part
2 Environment Protection Act
1997
3 Legislation
amended—pt 2
This part amends the Environment Protection Act 1997.
insert
Part 9A Fuel sales
information
92 Fuel sales—provision of
information
(1) The occupier of a service station (the occupier) must,
not later than 30 September, give the chief executive details (the fuel
information) of the amount of each kind of liquid fuel sold at the
service station in the year ending on the preceding 30 June.
Note If a form is approved under s 165A for information required
under this section, the form must be used.
(2) The occupier must also give the chief executive any further
information reasonably required by the chief executive to verify the fuel
information.
(3) If the occupier fails to comply with subsection (1) or (2), the chief
executive may, in writing, require the occupier to do so by a stated
day.
(4) The occupier commits an offence if the occupier fails to comply with a
requirement under subsection (3).
Maximum penalty: 50 penalty units.
(5) An offence against subsection (4) is a strict liability
offence.
(6) In this section:
occupier, in relation to a service station, means a person
who carries on the business of a service station.
service station means any place where unpackaged liquid fuel
is offered for sale by retail.
92A Confidential commercial information must not be
disclosed
(1) This section applies to information given to the chief executive under
section 92.
(2) A person commits an offence if—
(a) the person discloses confidential commercial information that the
person has only because of exercising a function under this Act; and
(b) the person knows that the information is confidential commercial
information; and
(c) the disclosure is not—
(i) to the Territory or a Territory agency; or
(ii) by order of a court; or
(iii) with the consent of each person to whom the information has a
commercial or other value.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(3) A person commits an offence if—
(a) the person discloses confidential commercial information that the
person has only because of a disclosure permitted under subsection (2); and
(b) the person knows that the information is confidential commercial
information; and
(c) the disclosure is not—
(i) to the Territory or a Territory agency; or
(ii) by order of a court; or
(iii) with the consent of each person to whom the information has a
commercial or other value.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(4) In this section:
confidential commercial information means—
(a) information that has a commercial or other value that would be, or
could reasonably be expected to be, destroyed or diminished if the information
were disclosed; or
(b) other information that—
(i) concerns the lawful commercial or financial affairs of a person or
undertaking; and
(ii) if it were disclosed, could unreasonably affect the person or
undertaking.
court includes a tribunal, authority or person having power
to require the production of documents or the answering of questions.
Territory agency means—
(a) a Minister; or
(b) an administrative unit; or
(c) a Territory instrumentality; or
(d) a corporation established for a public purpose under a Territory
Act.
Part
3 Magistrates Court (Environment
Protection Infringement Notices) Regulation 2005
5 Legislation
amended—pt 3
This part amends the Magistrates Court (Environment Protection
Infringement Notices) Regulation 2005.
6 Schedule
1, part 1.1, new item 14A
insert
14A
|
92 (4)—if failure to comply with 92 (1)
|
50
|
1 000
|
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2007.
2 Notification
Notified under the Legislation Act on 2007.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2007
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