Does not include amendments by: (not commenced — to commence on 14.1.2018) Statute Law (Miscellaneous Provisions) Act (No 2) 2017 No 63
(1) In this Act: primary wholesaler means a fuel wholesaler who operates or supplies petrol or diesel fuel from any of the following facilities (whether or not in New South Wales) in connection with fuel wholesaling:
(a) an oil refinery, (b) a shipping facility, (c) a facility to which petrol or diesel fuel is shipped by pipeline from an oil refinery or a shipping facility, (d) a facility to which petrol or diesel fuel is supplied by pipeline from a facility referred to in paragraph (c).
(1) This Act applies to the sale of petrol or diesel fuel by wholesale or retail to a person in New South Wales or for delivery in New South Wales (whether or not the sale is made in New South Wales).
(1) The Minister may, on application, exempt a volume fuel retailer from compliance with a specified minimum biofuel requirement if the retailer satisfies the Minister:
(a) that, if the retailer were prosecuted for failure to comply with the requirement, the retailer would have a defence to the prosecution, or Note— See section 9A (2). (b) that the exemption is reasonable in order to allow the retailer a period within which to take the steps required to establish a defence to a prosecution for failure to comply with the requirement, or (c) that compliance by the retailer may result in a risk to public health or safety, or (d) that the exemption should be granted on other grounds specified in the regulations, or (e) that there are other extraordinary circumstances justifying the grant of the exemption. (1A) (2) The Minister is not to grant an exemption unless the proposed exemption has been referred to the Expert Panel and the Minister has considered any advice of the Panel on the proposed exemption. (3) An exemption can be granted subject to conditions. (3A) A person must not contravene a condition of an exemption. Maximum penalty:
(a) in the case of a first offence—500 penalty units, or (b) in the case of a second or subsequent offence—5,000 penalty units.
(1) The Minister may by order published in the Gazette suspend the operation of a minimum biofuel requirement if satisfied that compliance with that requirement:
(a) is uneconomic as a result of the price at which volume fuel retailers are reasonably able to obtain ethanol or biodiesel or industry-wide ethanol or biodiesel shortages, as appropriate, or (b) may result in a risk to public health or safety, or (c) may have an adverse effect on the retail price of petrol or diesel fuel for motorists, or (d) may have an adverse effect on grain or food stock availability, or (e) may substantially inflate grain or food stock prices, or (f) may have a significant adverse environmental impact on water availability or quality, soil fertility and health or biodiversity, or (g) should be suspended for some other extraordinary reason. Editorial note— For orders under this subsection, see Gazettes No 105 of 17.7.2009, p 4110; No 133 of 10.12.2010, p 5811; No 66 of 30.6.2011, p 4667 and No 133 of 23.12.2011, p 7415. (2) The Minister is not to suspend the operation of a minimum biofuel requirement without first referring the proposed suspension to the Expert Panel for advice and considering the advice of the Expert Panel on the proposed suspension.
(1A) A person who fails to register or keep registration details up-to-date in compliance with section 10 is guilty of an offence. Maximum penalty: 100 penalty units.
(1) IPART has the following functions:
(a) to determine, and periodically review, a reasonable wholesale price for ethanol for use in the production of petrol-ethanol blend, (b) to monitor the retail market (including prices) for petrol-ethanol blend and make reports to the Minister on the effect of a determination under paragraph (a) on that market. (2) In determining a reasonable wholesale price for ethanol, IPART must:
(a) consider the price at which ethanol would need to be sold by wholesale for use in the production of petrol-ethanol blend for the wholesale market for ethanol and petrol-ethanol blend and the retail market for petrol-ethanol blend to be economically viable, and (b) take into account the minimum biofuel requirements and disregard any exemptions from those requirements that may be granted under this Act. (3) IPART may conduct investigations for the purpose of enabling it to perform its functions under this section.
(1) An investigator may exercise the powers conferred by this section for the purpose of:
(a) ascertaining whether the provisions of this Act or the regulations are being complied with or have been contravened, or (b) obtaining evidence, records or information in relation to a matter that constitutes or may constitute a contravention of this Act or the regulations.
(1) The Minister may from time to time publish information about compliance with the requirements of this Act.
(1) An Expert Panel is established consisting of the following as members of the Expert Panel:
(a) the Secretary or the Secretary’s nominee, (a1) a person employed in the Department of Industry with expertise in regional industry development nominated by the Secretary of that Department, (a2) the Chairperson of the Environment Protection Authority or the Chairperson’s nominee, (a3) the Director-General of the Department of Primary Industries within the Department of Industry, Skills and Regional Development or the Director-General’s nominee, (a4) the Commissioner for Fair Trading or the Commissioner’s nominee, (a5) (b) the Secretary of the Treasury or the Secretary’s nominee, (c) up to 3 persons appointed by the Minister who have recent experience or expertise in the petroleum or biofuels industry.
(1) This section applies to the following persons:
(a) the Minister, (b) the Secretary and a person who is or was employed in the Department, (c) a person who is or was a member of the Expert Panel. (2) A person to whom this section applies must not, directly or indirectly, except for the purposes of this Act or otherwise in connection with the exercise of the person’s functions under this Act:
(a) make a record of any information, acquired by the person by reason of, or in the course of, the exercise of the person’s functions under this Act, or (b) divulge or communicate to any person any such information. Maximum penalty: 50 penalty units or imprisonment for 12 months, or both.
(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence. (2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.
(Section 24 (2A))