Trade Measurement (Fuel Measurement) Regulations 2002

i Trade Measurement (Fuel Measurement) Regulations 2002 S.R. No. 112/2002 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provisions 1 3. Commencement 1 4. New Division 2 inserted in Part 5 2 Division 2—Sale of fuel by reference to measurement by volume 2 93A. Regulation of sale of fuel by reference to measurement by volume 2 ═══════════════ ENDNOTES 6 -- 1 of 7 -- 1 STATUTORY RULES 2002 S.R. No. 112/2002 Trade Measurement Act 1995 Trade Measurement (Administration) Act 1995 Trade Measurement (Fuel Measurement) Regulations 2002 The Governor in Council makes the following Regulations: Dated: 29 October 2002 Responsible Minister: MARSHA THOMSON Minister for Small Business HELEN DOYE Clerk of the Executive Council 1. Objective The objective of these Regulations is to amend the Trade Measurement Regulations 19951 to regulate the sale of fuel by reference to the measurement of its volume in certain circumstances. 2. Authorising provisions These Regulations are made under section 80 of the Trade Measurement Act 1995 and section 25 of the Trade Measurement (Administration) Act 1995. 3. Commencement These Regulations come into operation on 1 December 2002. -- 2 of 7 -- S.R. No. 112/2002 Trade Measurement (Fuel Measurement) Regulations 2002 2 4. New Division 2 inserted in Part 5 After Division 1 of Part 5 of the Trade Measurement Regulations 1995 insert— 'Division 2—Sale of fuel by reference to measurement by volume 93A. Regulation of sale of fuel by reference to measurement by volume (1) A person must not sell fuel by reference to the measurement of its volume unless the sale is at a price determined by reference to the volume of the fuel as measured by the litres the fuel occupies, or would occupy, at a temperature of 15°C. Penalty: 20 penalty units. (2) However, sub-regulation (1) does not apply to the following sales of fuel— (a) a retail sale; (b) a wholesale sale if— (i) the wholesale sale happens immediately before, or at the same time as, a retail sale of the fuel; and (ii) the volume of the fuel, as measured for the wholesale sale, is the same as the volume of the fuel as measured for the retail sale; (c) a wholesale sale if— (i) before the wholesale sale the fuel— (A) was moved, in any way, from a primary storage facility to a fixed storage r. 4 -- 3 of 7 -- S.R. No. 112/2002 Trade Measurement (Fuel Measurement) Regulations 2002 3 facility at another location; and (B) was unloaded into the fixed storage facility for further distribution or for further sale and distribution; and (ii) for the movement, the fuel was measured by reference to the volume of the fuel as measured by the litres the fuel occupies, or would occupy, at a temperature of 15°C; (d) a wholesale sale (the "relevant sale") if— (i) the relevant sale happens immediately before or after, or at the same time as, another wholesale sale of the fuel; and (ii) before the relevant sale the fuel— (A) was moved, in any way, from a primary storage facility to a fixed storage facility at another location; and (B) was unloaded into the fixed storage facility for further distribution or for further sale and distribution; (e) a wholesale sale if— (i) before the wholesale sale the fuel— (A) was moved, in any way, from a primary storage facility to a fixed storage r. 4 -- 4 of 7 -- S.R. No. 112/2002 Trade Measurement (Fuel Measurement) Regulations 2002 4 facility at another location; and (B) was unloaded into the fixed storage facility for further distribution or for further sale and distribution; and (ii) after the fuel was at the primary storage facility but before the wholesale sale, the fuel was not the subject of another sale. (3) In this regulation— "business entity" means an entity that operates a business, other than a fuel business; "co-operative entity" includes an entity that is a buying group for its members; "diesel fuel" means any fuel commonly known as diesel, diesel oil, distillate, automotive diesel fuel, automotive diesel oil or automotive distillate; "fixed storage facility" means a facility, other than a primary storage facility, at which fuel is unloaded and from which fuel is reloaded for further distribution or further sale and distribution; "fuel" means petrol, or diesel fuel, that a person would reasonably consider is ultimately intended for automotive consumption; "primary storage facility" means— (a) an oil refinery; or (b) a shipping facility; or r. 4 -- 5 of 7 -- S.R. No. 112/2002 Trade Measurement (Fuel Measurement) Regulations 2002 5 (c) a facility connected by product transfer pipeline to an oil refinery or to a shipping facility; or (d) a facility connected by product transfer pipeline to a distribution facility mentioned in paragraph (c); "retail sale", of fuel, means a sale to any of the following— (a) an entity that purchases the fuel only for its own consumption; (b) a business entity that purchases the fuel only for 1 or both of the following purposes— (i) for its own consumption; (ii) for resale to its staff or contractors for consumption by the purchasing staff or contractors; (c) a co-operative entity that purchases the fuel only for resale to its members for consumption by the purchasing members; "shipping facility" means a facility where fuel may be supplied by ship.'. ═══════════════ r. 4 -- 6 of 7 -- S.R. No. 112/2002 Trade Measurement (Fuel Measurement) Regulations 2002 6 ENDNOTES 1 Reg. 1: S.R. No. 194/1995 as amended by S.R. No. 53/2002. Endnotes -- 7 of 7 --