Fair Trading (Product Information Standards) (Petrol) Regulations 2003

i Fair Trading (Product Information Standards) (Petrol) Regulations 2003 S.R. No. 26/2003 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provisions 1 3. Commencement 1 4. Definition 2 5. Information standard for petrol containing 10% or less ethanol— retail supply 2 6. Information standard for petrol containing more than 10% ethanol—retail supply 3 7. Information standard for petrol containing ethanol—wholesale supply 4 8. Wholesaler must supply notice to retailer 5 9. Tolerance allowance 5 __________________ SCHEDULE 6 ═══════════════ -- 1 of 7 -- 1 STATUTORY RULES 2003 S.R. No. 26/2003 Fair Trading Act 1999 Fair Trading (Product Information Standards) (Petrol) Regulations 2003 The Governor in Council makes the following Regulations: Dated: 2 April 2003 Responsible Minister: JOHN LENDERS Minister for Consumer Affairs HELEN DOYE Clerk of the Executive Council 1. Objective The objective of these Regulations is to prescribe information standards under the Fair Trading Act 1999 for the wholesale and retail supply of petrol. 2. Authorising provisions These Regulations are made under sections 47 and 165 of the Fair Trading Act 1999. 3. Commencement These Regulations come into operation on 1 May 2003. -- 2 of 7 -- S.R. No. 26/2003 Fair Trading (Product Information Standards) (Petrol) Regulations 2003 2 4. Definition In these Regulations— "petrol" means petrol— (a) used for automotive purposes; and (b) intended to be used, or of a kind ordinarily used, for personal, household or domestic purposes. 5. Information standard for petrol containing 10% or less ethanol—retail supply (1) The prescribed information standard for the retail supply of petrol containing ethanol, where the ethanol content is 10% or less of the total volume of the petrol, is a notice— (a) containing the following— "PETROL WITH A MAXIMUM OF 10% ETHANOL CAUTION DO NOT USE in any aircraft CHECK SUITABILITY WITH ENGINE MANUFACTURER before use in motor vehicles made before 1986, marine vessels, 2 stroke engines or motor cycles Use of this fuel may decrease fuel economy"; and (b) containing the name and relevant telephone number of the government agency responsible for consumer affairs; and (c) containing a symbol in the form of symbol A in the Schedule. (2) All words in the notice must be clearly legible, a minimum 3 millimetres in height and in black letters on an amber background. r. 4 -- 3 of 7 -- S.R. No. 26/2003 Fair Trading (Product Information Standards) (Petrol) Regulations 2003 3 (3) The notice must be clearly displayed on the bowser from which the petrol is dispensed. (4) If a bowser referred to in sub-regulation (3) dispenses petrol in addition to petrol containing ethanol, or also dispenses petrol to which regulation 6 applies, the notice must be displayed as closely as possible to the nozzle or nozzles dispensing petrol containing ethanol to which this regulation applies. (5) If a bowser referred to in sub-regulation (3) dispenses several types of petrol, all containing ethanol to which this regulation applies, the notice must be displayed as closely as possible to each nozzle dispensing petrol. Note: Section 46 of the Fair Trading Act 1999 makes it an offence to supply petrol if this regulation has not been complied with. 6. Information standard for petrol containing more than 10% ethanol—retail supply (1) The prescribed information standard for the retail supply of petrol containing ethanol, where the ethanol content is more than 10% of the total volume of the petrol, is a notice— (a) containing the following— "PETROL WITH MORE THAN 10% ETHANOL CAUTION DO NOT USE in any aircraft or marine vessels CHECK SUITABILITY WITH ENGINE MANUFACTURER before use in all other engines Use of this fuel may affect vehicle and equipment warranties and decrease fuel economy"; and r. 6 -- 4 of 7 -- S.R. No. 26/2003 Fair Trading (Product Information Standards) (Petrol) Regulations 2003 4 (b) containing the name and relevant telephone number of the government agency responsible for consumer affairs; and (c) containing symbols in the form of symbol A and symbol B in the Schedule. (2) All words in the notice must be clearly legible, a minimum 3 millimetres in height and in white letters on a dark red background. (3) The notice must be clearly displayed on the bowser from which the petrol is dispensed. (4) If a bowser referred to in sub-regulation (3) dispenses petrol in addition to petrol containing ethanol, or also dispenses petrol to which regulation 5 applies, the notice must be displayed as closely as possible to the nozzle or nozzles dispensing petrol containing ethanol to which this regulation applies. (5) If a bowser referred to in sub-regulation (3) dispenses several types of petrol, all containing ethanol to which this regulation applies, the notice must be displayed as closely as possible to each nozzle dispensing petrol. Note: Section 46 of the Fair Trading Act 1999 makes it an offence to supply petrol if this regulation has not been complied with. 7. Information standard for petrol containing ethanol— wholesale supply (1) The prescribed information standard for the wholesale supply of petrol containing ethanol is a written notice setting out the percentage by volume, rounded to the nearest whole number, of that petrol that is comprised of ethanol. r. 7 -- 5 of 7 -- S.R. No. 26/2003 Fair Trading (Product Information Standards) (Petrol) Regulations 2003 5 (2) The notice must be given to the purchaser at the time of supply. Note: Section 46 of the Fair Trading Act 1999 makes it an offence to supply petrol if this regulation has not been complied with. 8. Wholesaler must supply notice to retailer (1) A person ("the supplier") who supplies petrol containing ethanol to a person ("the retailer") who intends to supply that petrol by retail must give the retailer the notice referred to in regulation 5 or 6 (as the case requires) required to be displayed by the retailer. (2) Sub-regulation (1) does not apply if— (a) the retailer informs the supplier, at or immediately before the time of supply— (i) that the retailer does not require a notice; or (ii) that the retailer intends to add ethanol to the petrol after the supply or intends to mix the petrol with petrol containing ethanol that was or is to be supplied by another person; or (b) the retailer requests the supplier to deliver the petrol into a tank containing petrol with ethanol that was supplied by another person. Note: Section 46 of the Fair Trading Act 1999 makes it an offence to supply petrol if this regulation has not been complied with. 9. Tolerance allowance For the purposes of these Regulations, any calculation of the percentage by volume of ethanol in petrol is correct if it is within plus or minus 0⋅6% of the relevant percentage, including where it is claimed that petrol does not contain ethanol. __________________ r. 8 -- 6 of 7 -- S.R. No. 26/2003 Fair Trading (Product Information Standards) (Petrol) Regulations 2003 6 SCHEDULE Regulations 5 and 6 SYMBOL A SYMBOL B ═══════════════ Sch. -- 7 of 7 --