AUSTRALIAN CAPITAL TERRITORY

Fair Trading (Fuel Prices) (Amendment) Act 1999
No. 45 of 1999
	
An Act to amend the Fair Trading (Fuel Prices) Act 1993
[Notified in ACT Gazette S54: 17 September 1999]
	The Legislative Assembly for the Australian Capital Territory enacts as follows:
1 	Short title 
	This Act is the Fair Trading (Fuel Prices) (Amendment) Act 1999.
2 	Commencement
	This Act commences on the day it is notified in the Gazette.
3 	Act amended
	This Act amends the Fair Trading (Fuel Prices) Act 1993. 1
4 	Interpretation
	Section 2 is amended by inserting in subsection (1) the following definition:
“regulated transfer means a single consignment of a fuel that is—
	(a)	at least 2,000 litres; and
	(b)	delivered to or withdrawn from a place in the Territory under, or because of, an agreement for the sale, purchase or exchange of fuel.”.
5 	Insertion
	After section 7 the following sections are inserted:
“8 	When a volume of fuel must be temperature converted
“(1) 	The volume of a fuel in a regulated transfer must be measured or calculated as if the fuel were at the temperature of 15oC.
“(2) 	A person must not, without reasonable excuse, authorise a regulated transfer in which—
	(a)	the volume of the fuel is measured or calculated contrary to subsection (1); or
	(b)	the price or value of the fuel transferred is fixed by reference to a volume measured or calculated contrary to subsection (1).
Penalty for contravention of subsection (2):
	(a)	for a natural person—50 penalty units or imprisonment for 6 months, or both;
	(b)	for a body corporate—250 penalty units.
“9 	Section 8 must not be circumvented
“(1) 	Section 8 applies even if there is an agreement or understanding to the contrary.
“(2) 	A provision in an agreement is void so far as it is inconsistent with section 8 or a right or remedy arising from the section.
“(3) 	Section 8 applies even if the proper law of the agreement is that of another jurisdiction.
“(4) 	Nothing in section 8 affects the operation of an agreement so far as it can operate consistently with that section.”.
6 	Renumbering
	Section 8 (Regulations) is renumbered as section 10.

NOTES
Act amended
1.	Act 1993 No 40. See also Acts 1997 No 93; 1998 Nos 18 and 54.
Penalty units
2.	See section 33AA of the Interpretation Act 1967.
[Presentation speech made in Assembly on 2 July 1999]

©  Australian Capital Territory 1999