Trade Measurement (Miscellaneous) Amendment Regulations 2003

Trade Measurement (Miscellaneous) Amendment Regulations 2003

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Trade Measurement Act 1999 .

20 March 2003

G. S. M. Green

Governor

By His Excellency's Command,

Judy Jackson

Minister for Justice and Industrial Relations

1.   Short title

These regulations may be cited as the Trade Measurement (Miscellaneous) Amendment Regulations 2003 .

2.   Commencement

These regulations take effect on 1 April 2003.

3.   Principal Regulations

In these regulations, the Trade Measurement (Miscellaneous) Regulations 2000 are referred to as the Principal Regulations.

4.    Regulation 5 inserted

After regulation 4 of the Principal Regulations , the following regulation is inserted:

5.   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^oC.

Penalty:  Fine not exceeding 20 penalty units.

(2)  However, subregulation (1) does not apply to any of 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 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^oC;

(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 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;

cooperative 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

(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 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 one 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 cooperative 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.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 26 March 2003

These regulations are administered in the Department of Justice and Industrial Relations.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Trade Measurement (Miscellaneous) Regulations 2000 by requiring petrol and diesel fuel delivered directly from refineries and certain shipping facilities to be temperature controlled for the purposes of its measurement by volume.