Petroleum Products (Terminal Gate Pricing) Regulations 2001

i Petroleum Products (Terminal Gate Pricing) Regulations 2001 S.R. No. 72/2001 TABLE OF PROVISIONS Regulation Page 1. Objectives 1 2. Authorising provision 2 3. Commencement 2 4. Definition 2 5. Manner of publication of terminal gate price 2 6. Manner of notification of shortfall 2 7. Record keeping 4 8. Records to be retained for 7 years 5 ═══════════════ -- 1 of 6 -- 1 STATUTORY RULES 2001 S.R. No. 72/2001 Petroleum Products (Terminal Gate Pricing) Act 2000 Petroleum Products (Terminal Gate Pricing) Regulations 2001 The Governor in Council makes the following Regulations: Dated: 24 July 2001 Responsible Minister: MARSHA THOMSON Minister for Consumer Affairs HELEN DOYE Clerk of the Executive Council 1. Objectives The objectives of these Regulations are— (a) to prescribe the manner in which declared suppliers must publish the terminal gate price of declared classes of petroleum products under section 7(1) of the Petroleum Products (Terminal Gate Pricing) Act 2000; (b) to prescribe the manner in which declared suppliers must notify the Director of any shortfall in the availability of declared classes of petroleum products under section 9(2)(a) of the Petroleum Products (Terminal Gate Pricing) Act 2000; and (c) to prescribe the procedures for the keeping of records by declared suppliers. -- 2 of 6 -- S.R. No. 72/2001 Petroleum Products (Terminal Gate Pricing) Regulations 2001 2 2. Authorising provision These Regulations are made under section 13 of the Petroleum Products (Terminal Gate Pricing) Act 2000. 3. Commencement These Regulations come into operation on the day on which the Petroleum Products (Terminal Gate Pricing) Act 2000 comes into operation. 4. Definition In these Regulations "Act" means the Petroleum Products (Terminal Gate Pricing) Act 2000. 5. Manner of publication of terminal gate price (1) For the purpose of section 7(1) of the Act, a terminal gate price or variation must be published by notice on the internet site of the declared supplier as soon as practicable after the price or variation has been determined by the declared supplier and before the price or variation takes effect. (2) The notice must specify each terminal of the declared supplier at which the terminal gate price or variation applies. 6. Manner of notification of shortfall (1) Subject to sub-regulation (2), a notice to the Director under section 9(2)(a) of the Act about a shortfall in the availability of petroleum products must— (a) be in writing; and (b) state that there is a shortfall in the availability of the petroleum products, specifying— (i) the location of each terminal at which the shortfall has arisen; and r. 2 -- 3 of 6 -- S.R. No. 72/2001 Petroleum Products (Terminal Gate Pricing) Regulations 2001 3 (ii) each class of petroleum products to which the shortfall relates; and (iii) the reason for the shortfall; and (iv) the expected duration of the shortfall; and (c) state that to comply with section 9(1) of the Act would hinder the supplier's ability to comply with its contracts with its customers, specifying— (i) the total volume of each class of petroleum products to which the shortfall relates that is available for sale or supply by the declared supplier; and (ii) the volume of each class of petroleum products to which the shortfall relates that is required to enable the supplier to comply with its contracts with its customers. (2) A notice to the Director under section 9(2)(a) of the Act about a shortfall in the availability of petroleum products may be given by telephone, and, if so given, must— (a) state that there is a shortfall in the availability of the petroleum products, specifying— (i) the location of each terminal at which the shortfall has arisen; and (ii) each class of petroleum products to which the shortfall relates; and (iii) the reason for the shortfall; and (iv) the expected duration of the shortfall; and r. 6 -- 4 of 6 -- S.R. No. 72/2001 Petroleum Products (Terminal Gate Pricing) Regulations 2001 4 (b) state that to comply with section 9(1) of the Act would hinder the supplier's ability to comply with its contracts with its customers. (3) A declared supplier who gives telephone notice in accordance with sub-regulation (2) must send to the Director within 48 hours of the telephone notice, notice in writing in the manner set out in sub-regulation (1). 7. Record keeping (1) A declared supplier must keep records of the following matters for the purposes of the Act— (a) in respect of each terminal gate price determined by the supplier under section 5 of the Act— (i) that terminal gate price; and (ii) the class of petroleum products to which the price relates; and (iii) the date the price was determined; (b) each formula used to calculate the terminal gate price; (c) in respect of each refusal to sell or supply under section 9(2) of the Act— (i) any request in writing for supply from the terminal from a person not in a contractual relationship with the supplier for the supply of petroleum products; and (ii) the date of the refusal of such a request; and (iii) the location of the fuel supply terminal at which the refusal was made; and (iv) the class of petroleum products to which the refusal relates; and r. 7 -- 5 of 6 -- S.R. No. 72/2001 Petroleum Products (Terminal Gate Pricing) Regulations 2001 5 (v) the reason for the refusal; (d) in respect of a declared supplier's obligation under section 7(5) of the Act to include certain matters in invoices, copies of those invoices or the details contained in those invoices. (2) A declared supplier must make available the records referred to in sub-regulation (1)— (a) for inspection by an inspector in accordance with the Act; and (b) at a place of business in Victoria of the declared supplier; and (c) in a form that can be readily and expeditiously inspected by an inspector under the Act. 8. Records to be retained for 7 years A declared supplier must retain for 7 years any records kept by the declared supplier under regulation 7. ═══════════════ r. 8 -- 6 of 6 --