Australian Capital Territory

fuels control act 1979
This consolidation has been prepared by the ACT Parliamentary Counsel’s Office
Reprinted as at 31 March 1999
TABLE OF PROVISIONS
Section
	1.	Short title
	2.	Interpretation
	3.	Controller of Fuels
	4.	Delegation
	5.	Inspectors
	5A.	Identity cards
	6.	Controller may make recommendations to the Minister
	7.	Person carrying on prescribed business to notify controller of business address etc
	8.	Controller may require information
	9.	Powers of inspector
	10.	Controller may require information from persons having storage capacity exceeding the prescribed capacity
	11.	Declaration
	12.	Powers of controller of Fuels during emergency
	13.	Expiration of requirements
	15.	Inspector may inspect vehicle suspected of transporting fuel
	16.	Control of disposal of certain fuel brought into the Territory
	17.	Application
	18.	Obstruction of controller or an inspector
	19.	Service of notices
	19A.	Information not admissible in evidence
	20.	Regulations

Australian Capital Territory

fuels control act 1979
An Act relating to the distribution of certain fuels in the Australian Capital Territory
1. 	Short title
	This Act may be cited as the Fuels Control Act 1979.1
2. 	Interpretation
	In this Act, unless the contrary intention appears—
“controller” means the Controller of Fuels under section 3; 
“declared fuel” means a fuel in relation to which a declaration under section 11 is in force;
“fuel” means petroleum, a petroleum product or a petrochemical;
“inspector” means an inspector under section 5;
“petrochemical” means a substance, whether in a gaseous, liquid or solid state, but not being a petroleum product, manufactured from any of, or from a mixture of any of, the following substances, that is to say, a petroleum product, petroleum or a petroliferous mineral;
“petroleum” means—
	(a)	any naturally occurring hydrocarbon, whether in a gaseous, liquid or solid state;

	(b)	any naturally occurring mixture of hydrocarbons, whether in a gaseous, liquid or solid state; or 
	(c)	any naturally occurring mixture of a hydrocarbon or hydrocarbons, whether in a gaseous, liquid or solid state, and 1 or more of the following, that is to say, hydrogen sulphide, nitrogen, helium and carbon dioxide;
“petroleum product” means—
	(a)	any hydrocarbon or mixture of hydrocarbons produced by subjecting petroleum to a process of refining or produced from petroliferous minerals; or
	(b)	any mixture of a hydrocarbon or hydrocarbons so produced with another substance or other substances;
“prescribed business” means a business of selling fuels, whether by wholesale or retail.
3. 	Controller of Fuels
(1) 	There shall be a Controller of Fuels.
(2) 	The chief executive shall create and maintain 1 or more offices in the government service the duties of which include performing the functions of the Controller of Fuels.
(3) 	The controller shall be the public servant for the time being performing the duties of the government service office referred to in subsection (2).
4. 	Delegation
	The controller may, by instrument, delegate any or all of his or her powers to a public servant.
5. 	Inspectors
(1) 	There may be 1 or more inspectors for the purposes of this Act.
(2) 	An inspector shall perform such functions, subject to this Act, as the controller directs.
(3) 	The chief executive shall create and maintain 1 or more offices in the government service the duties of which include performing the functions of an inspector.
(4) 	An inspector shall be any public servant for the time being performing the duties of a government service office referred to in subsection (3).
5A. 	Identity cards
(1) 	The chief executive shall issue to an inspector an identity card that specifies the inspector’s name and office, and on which appears a recent photograph of the inspector.
(2) 	Upon ceasing to occupy, or to act in, an office of inspector, a person shall not, without reasonable excuse, fail to return his or her identity card to the chief executive.
Penalty:  1 penalty unit.
6. 	Controller may make recommendations to the Minister
	The controller may make recommendations to the Minister on any matter relating to the storage, supply or use of fuels in the Territory.
7. 	Person carrying on prescribed business to notify controller of business address etc
(1) 	A person who carries on a prescribed business shall give to the controller a notice in writing setting out particulars of—
	(a)	the name of the person and the address and telephone number of the place or each place, as the case may be, at which the person carries on that business;
	(b)	the kinds of fuel that are able to be stored at that place or at each of those places, as the case may be; and
	(c)	the quantity of each kind of fuel that is capable of being so stored at the place or at each of those places, as the case may be.
(2) 	A person who, on the date of commencement of this Act, is carrying on a prescribed business shall give the notice required by subsection (1) not later than 14 days after that date.
(3) 	A person who, after the date of commencement of this Act, commences to carry on a prescribed business shall give the notice required by subsection (1) not later than 14 days after the day on which he or she commences to carry on that business.
(4) 	A person who has given a notice to the controller for the purpose of subsection (1) shall, not later than 14 days after a change occurs in any of the particulars stated in the notice, give to the controller a notice in writing setting out particulars of the change.
(5) 	A person who ceases to carry on a prescribed business shall, not later than 14 days after the day on which he or she ceases to carry on that business, give to the controller a notice in writing stating that he or she has ceased to carry on that business and specifying the date on which he or she ceased to carry on the business.
(6) 	A person who fails to give a notice in accordance with a provision of this section is guilty of an offence punishable, on conviction, by a fine not exceeding—
	(a)	if the offender is a natural person—5 penalty units; or
	(b)	if the offender is a body corporate—25 penalty units.
8. 	Controller may require information
(1) 	The controller may, by notice in writing given to a person who carries on a prescribed business, require that person to give to the controller, in respect of each kind of fuel specified in the notice, particulars of—
	(a)	the quantity of fuel that is held by the person;
	(b)	the amount of fuel sold by the person during the period specified in the notice; and
	(c)	the usual source of supply of the fuel.
(2) 	Particulars given for the purpose of a requirement under subsection (1) shall—
	(a)	be given in writing; and
	(b)	be given as soon as is reasonably practicable after the requirement is made.
(3) 	A person shall comply with a requirement made of him or her in accordance with subsection (1).
Penalty:
	(a)	if the offender is a natural person—50 penalty units;
	(b)	if the offender is a body corporate—250 penalty units.
9. 	Powers of inspector
(1) 	Where a declaration under subsection 11 (1) is in force, an inspector may, at any reasonable hour of the day or night—
	(a)	inspect premises at which a prescribed business is carried on, and any books or documents at those premises that relate to that business;
	(b)	inspect any receptacles or equipment on the premises;
	(c)	inspect any vehicle that is on the premises, being a vehicle that is so constructed as to be capable of transporting fuel;
	(d)	require the occupier, or person for the time being in charge of the premises, to inform him or her of the nature of the substance held in any receptacle or equipment on the premises;
	(e)	require the occupier, or any person employed at the premises, in the presence of the inspector—
	(i)	to open any receptacle or equipment on the premises; and
	(ii)	to measure the contents of any such receptacle or equipment;
	(f)	require the driver, or the person in charge, of a vehicle referred to in paragraph (c) to inform him or her whether the vehicle is carrying fuel and, if so, inform him or her of the nature of the fuel; and
	(g)	require the driver, or the person in charge, of a vehicle referred to in paragraph (c), in the presence of the inspector—
	(i)	to open any tank or receptacle on the vehicle; and
	(ii)	to measure the contents of the tank or receptacle.
(2) 	Subject to subsection (3), a person shall comply with a requirement made by an inspector in pursuance of subsection (1).
Penalty:
	(a)	if the offender is a natural person—50 penalty units;
	(b)	if the offender is a body corporate—250 penalty units. 
(3) 	An inspector who enters upon premises in pursuance of this section is not authorised to remain on the premises if, on request by the occupier, or the person in charge, of the premises, the inspector does not produce his or her identity card.
10. 	Controller may require information from persons having storage capacity exceeding the prescribed capacity
(1) 	The controller may, by notice in writing given to a person who is the occupier of premises on which there are storage facilities for fuel to a capacity exceeding the capacity specified in the notice, require that person to give to the controller, within the period specified in the notice, a notice in writing signed by the occupier and stating—
	(a)	the capacity of those storage facilities;
	(b)	the kind or kinds of fuel held in those storage facilities when the notice was signed;
	(c)	the quantity of each kind of fuel so held when the notice was signed;
	(d)	the usual rate of use of each kind of fuel held in those storage facilities; and
	(e) 	the persons or class of persons who are the usual users of each kind of fuel held in those storage facilities.
(2) 	A person shall comply with a requirement made of him or her in accordance with subsection (1).
Penalty:
	(a)	if the offender is a natural person—50 penalty units;
	(b)	if the offender is a body corporate—250 penalty units. 
 (3) 	A notice under subsection (1) shall be given to a person by delivering it to the person personally or by leaving it with a person apparently over the age of 16 years at his or her last-known place of residence or business.
(5) 	The controller may, in a notice under subsection (1), specify a different capacity for storage facilities on residential and commercial premises.
11. 	Declaration
(1) 	Where there are reasonable grounds for believing—
	(a)	that the maintenance of essential services in the Territory is, or is about to be, affected by a reduction of the supply of a fuel to the Territory;
	(b)	that undue hardship is being suffered, or is likely to be suffered, by residents of the Territory by reason of a reduction of the supply of a fuel to the Territory; or
	(c)	that undue hardship is being suffered, or is likely to be suffered, by residents of the Territory by reason of difficulties in the distribution of a fuel within the Territory;
the Minister may, by notice published in the Gazette, declare that an emergency exists in relation to that fuel.
(2) 	Unless it is sooner revoked, a declaration under subsection (1) remains in force for the period of 28 days from and including the day on which the notice is published in the Gazette.
(3) 	A declaration may be made immediately upon the expiration of a previous declaration.
12. 	Powers of Controller of Fuels during emergency
(1) 	Where a declaration under subsection 11 (1) is in force, the controller may, by instrument in writing given to a person who is carrying on a prescribed business either wholly or partly in the Territory, make any 1 or more of the following requirements:
	(a)	a requirement that the person not sell a declared fuel specified in the instrument unless the quantity of that fuel that would remain in storage at the premises, or each of the premises, as the case may be, at which the person conducts his or her business in the Territory exceeds a quantity specified in the instrument;
	(b)	a requirement that the person not sell that fuel by retail to persons other than persons approved by the controller;
	(ba)	a requirement that the person not sell that fuel by retail to any person, except on such days and at such times as are specified in the instrument;
	(bb)	a requirement that the person sell that fuel by retail to the owner or driver of a motor vehicle—
	(i)	where the last number on the numberplates affixed to the motor vehicle is an even number—only on even numbered days of the month; and
	(ii)	where the last number on the numberplates affixed to the motor vehicle is an odd number—only on odd numbered days of the month;
	(bc)	a requirement that the person not refuse to sell that fuel by retail to any person who does not operate an account with, or who is not a regular customer of, the prescribed business carried on by the firstmentioned person;
	(bd) 	a requirement that the person not display or exhibit on or near the premises at which he or she carries on the prescribed business any notice or sign containing the words ‘account customers only’ or ‘regular customers only’, either alone or in combination with any other words, or any other words indicating or implying that the person will sell fuel only to persons who operate an account with, or who are regular customers of, that business;
	(c)	a requirement that the person not sell that fuel by wholesale except to such persons, and at such times and in such quantities, as the controller approves;
	(d)	a requirement that the person not sell, to any person at one time, a quantity of that fuel exceeding a quantity specified in the instrument;
	(e)	a requirement that the total quantity of that fuel sold by the person during a period specified in the instrument not exceed a quantity specified in the instrument;
	(f)	a requirement that the person not remove that fuel from the Territory unless the quantity of that fuel that would remain in storage at the premises, or each of the premises, as the case may be, at which the person conducts his or her business in the Territory exceeds a quantity specified in the instrument.
(2) 	A person shall not refuse or fail to comply with a requirement made by the controller under subsection (1).
Penalty:
	(a)	if the offender is a natural person—50 penalty units or imprisonment for 6 months, or both;
	(b)	if the offender is a body corporate—250 penalty units.
13. 	Expiration of requirements
(1) 	Subject to subsection (2) and unless it is sooner revoked, a requirement made under subsection 12 (1) ceases to have effect when the declaration under subsection 11 (1) ceases to be in force.
(2) 	Where—
	(a)	a declaration under subsection 11 (1) ceases to be in force; and
	(b) 	a further declaration under that subsection is made immediately upon the expiration of the firstmentioned declaration in relation to the same fuel;
a requirement made under subsection 12 (1) while the firstmentioned declaration was in force remains in force as if it had been made after the secondmentioned declaration was made.
15. 	Inspector may inspect vehicle suspected of transporting fuel
(1) 	Where there are reasonable grounds for believing that a vehicle is being used, or is so constructed as to be capable of being used, for the transport of fuel, an inspector may—
	(a)	inspect the vehicle and any receptacle or equipment on the vehicle; and
	(b)	require the driver of the vehicle to inform him or her of—
	(i)	the nature of any substance being transported on the vehicle;
	(ii)	the place where the substance was loaded on the vehicle; and
	(iii)	the person to whom, and the place at which, the substance is to be delivered.
(2) 	For the purpose of inspecting a vehicle in pursuance of subsection (1) an inspector may—
	(a)	require the driver of the vehicle to stop the vehicle;
	(b)	require the driver of the vehicle to remove the vehicle to a place specified by the inspector;
	(c)	require the driver of the vehicle to open any receptacle or equipment on the vehicle; or
	(d)	enter, at any reasonable hour of the day or night, any land or premises on which the vehicle is found.
(3) 	The driver of a vehicle shall comply with any requirement made by an inspector under this section.
Penalty:
	(a)	if the offender is a natural person—50 penalty units;
	(b)	if the offender is a body corporate—250 penalty units.
16. 	Control of disposal of certain fuel brought into the Territory
(1) 	A person who brings declared fuel into the Territory shall not—
	(a)	dispose of that fuel in the Territory; or
	(b)	remove that fuel from the Territory;
except in accordance with the directions of the controller.
Penalty:
	(a)	if the offender is a natural person—50 penalty units;
	(b)	if the offender is a body corporate—250 penalty units. 
(2) 	Subsection (1) does not apply to a person in relation to whom the controller has made a requirement under section 12.
17. 	Application
	A power conferred on an inspector by section 15—
	(a)	may only be exercised while a declaration under subsection 11 (1) is in force;
	(b)	where a declaration is made in relation to the supply of a fuel specified in the declaration, may be exercised only in respect of the fuel so specified; and
	(c)	does not affect the exercise by the controller or an inspector of a power conferred by any other provision of this Act.
18. 	Obstruction of controller or an inspector
(1) 	A person shall not obstruct, threaten or intimidate the controller in the exercise of a power or function vested in, or the discharge of a duty imposed on, the controller by this Act.
(2) 	A person shall not obstruct, threaten or intimidate an inspector in the exercise of a power or function vested in, or the discharge of a duty imposed on, the inspector by this Act.
Penalty:
	(a)	if the offender is a natural person—50 penalty units or imprisonment for 6 months, or both;
	(b)	if the offender is a body corporate—250 penalty units.
19. 	Service of notices
	Subject to this Act, a notice or instrument that is required by this Act to be given to a person may be given—
	(a)	sending it to him or her by post addressed to him or her at his or her last-known place of residence or business; or
	(b)	in the case of a notice or instrument required to be given to a person carrying on a prescribed business—by delivering it to him or her personally or by leaving it with a person apparently over the age of 16 years at his or her last-known place of residence or business.
19A. 	Information not admissible in evidence
	A statement in a notice given to the controller or any information given to the controller or to an inspector in compliance with a requirement made by the controller or an inspector under this Act is not admissible in evidence in a prosecution for an offence other than for an offence against this Act.
20. 	Regulations
	The Executive may make regulations, not inconsistent with this Act, prescribing all matters that are by this Act required or permitted to be prescribed or that are necessary or convenient to be prescribed for carrying out or giving effect to this Act.

NOTES
1.	The Fuels Control Act 1979 in this reprint is Act No. 14, 1979 amended as indicated in the Tables below.
2.	The Legislation (Republication) Act 1996 (No. 51, 1996) authorises the Parliamentary Counsel in preparing a law for republication, to make certain editorial and other formal amendments in accordance with current legislative drafting practice.  The amendments do not change the law.  Amendments made under the Act do not appear in the Table of Amendments but details may be obtained on request from the Parliamentary Counsel’s Office.
Table 1
Table of Ordinances
Ordinance	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Fuels Control Ordinance 1979	14, 1979	20 June 1979	20 June 1979		
Fuels Control (Amendment) Ordinance 1982	5, 1982	4 Mar 1982	4 Mar 1982	—	
Self-Government (Consequential Amendments) Ordinance 1989	38, 1989	10 May 1989	Ss. 1 and 2:  10 May 1989
Remainder:  11 May 1989 (see s. 2 (2) and Gazette 1989, No. S164)
	—	
Self-Government day 11 May 1989

Table 2
Table of Acts
Act	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

(Reprinted as at 31 July 1991)	
Statutory Offices (Miscellaneous Provisions) Act 1994	97, 1994	15 Dec 1994	Ss. 1 and 2:  15 Dec 1994
Remainder:  15 Dec 1994 (see Gazette 1994, No. S293)	Part III
(ss. 4-9)	
Statute Law Revision (Penalties) Act 1998	54, 1998	27 Nov 1998	Ss. 1 and 2:  27 Nov 1998
Remainder:  9 Dec 1998 (see Gazette 1998, No. 49, p. 1078)
	—	
Table of Amendments
ad. = added or inserted      am. = amended     rep. = repealed      rs. = repealed and substituted

Provision	How affected

S. 2	am. Act No. 97, 1994
S. 3	rs. Act No. 97, 1994
S. 4	am. No. 5, 1982; No. 38, 1989
	rs. Act No. 97, 1994
S. 5	rs. Act No. 97, 1994
S. 5A	ad. Act No. 97, 1994
	am. No. 54, 1998
Ss. 7, 8	am. Act No. 54, 1998
S. 9	am. No. 5, 1982; Act No. 97, 1994; No. 54, 1998
S. 10	am. No. 5, 1982; Act No. 54, 1998
S. 12	am. No. 5, 1982; Act No. 54, 1998
S. 14	rep. No. 5, 1982
Ss. 15, 16	am. Act No. 54, 1998
S. 18	am. Act No. 54, 1998
S. 19	am. No. 5, 1982
S. 19A	ad. No. 5, 1982
S. 20	am. No. 38, 1989

Fuels Control Act 1979

(Changes undertaken pursuant to the Legislation (Republication) Act 1996)

Provision	Approved alteration	Date	
Change the following from caps to lower case wherever applicable	“Controller” to “controller”	8/4/99	
Table of Provisions (s. 7); 
s. 7	“etc.” to “etc”	“	
Ss. 2 (def. “pertroleum” (c); 12 (1)	“one” to “1”	“	
Ss. 3 (2); 5 (3); 5A (1), (2)	“Chief Executive” to “chief executive”	“	
Ss. 3 (2), (3); 5 (3), (4)	“Government Service” to “government service”	“	
Ss. 7 (3), (5); 12 (1) (bd)	“he” to “he or she”	“	
Ss. 8 (3); 9 (1) (d), (f); 10 (2); 15 (1) (b); 19 (a), (b)	“him” to “him or her”	“	
S. 9 (3)	“authorized” to “authorised”	“	
Ss. 10 (3); 12 (1) (a), (f); 19 (a), (b)	“his” to “his or her”	“	
Ss. 10 (3) ; 19 (a), (b)	“last known” to “last-known”	“	
At the end of paragraphs (wherever occurring)	comma to semi colon	“	
S. 12 (1) (bb) (i), (ii)	“number-plates” to “numberplates”	“	
S. 12 (1) (bc); 13 (2)	“first-mentioned” to “firstmentioned”	“	
S. 12 (1) (bd)	double quotes to single quotes	“	
S. 13 (2)	“second-mentioned” to “secondmentioned”	“