Australian Consumer Law (Tasmania) (Code of Practice for Fuel Price Reporting) Regulations 2020

Australian Consumer Law (Tasmania) (Code of Practice for Fuel Price Reporting) Regulations 2020

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 and on the recommendation of the Minister, make the following regulations under the Australian Consumer Law (Tasmania) Act 2010 .

1 September 2020

C. WARNER

Governor

By Her Excellency's Command,

ELISE ARCHER

Minister for Building and Construction

1.   Short title

These regulations may be cited as the Australian Consumer Law (Tasmania) (Code of Practice for Fuel Price Reporting) Regulations 2020 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Prescribed code of practice

For the purposes of section 37(1) of the Australian Consumer Law (Tasmania) Act 2010 , the code of practice set out in Schedule 1 is prescribed as the code of practice for fuel price reporting.

SCHEDULE 1 - Code of Practice for Fuel Price Reporting

Regulation 3

1.   Interpretation

In this code –

commencement day means the day on which the Australian Consumer Law (Tasmania) (Code of Practice for Fuel Price Reporting) Regulations 2020 commence;

fuel price reporting website means the website maintained for the purpose of fuel price reporting by, or on behalf of, the department responsible for the administration of the Australian Consumer Law (Tasmania) Act 2010 ;

fuel retailer means a person who carries on the business of retail sale of a relevant fuel;

relevant fuel means the following types of fuel:

(a) regular unleaded petroleum (RON 91);

(b) E10 (RON 94);

(c) premium unleaded petroleum of an octane rating of RON 95;

(d) premium unleaded petroleum of an octane rating of RON 98;

(e) E85 (RON 105);

(f) diesel;

(g) premium diesel;

(h) liquefied petroleum gas (LPG);

(i) compressed natural gas or natural gas for vehicles (CNG or NGV);

(j) liquefied natural gas (LNG);

(k) B20 (biodiesel and diesel blend);

standard retail price, in relation to a relevant fuel, means the price per litre at which fuel of that type is available to consumers, not including any discounts or special offers that may be applied to that price.

2.   Registration of fuel retailer

(1) A fuel retailer must register his or her business –

(a) if the fuel retailer commences trading on or before the commencement day, within 14 days after that day; or

(b) if the fuel retailer commences trading after the commencement day, before any relevant fuel is sold by that business to a retail customer.

(2) A fuel retailer is to register the business using the form provided on the fuel price reporting website for that purpose.

3.   Reporting of fuel prices

(1) A fuel retailer registered in accordance with clause 2 must report, on the fuel price reporting website, the standard retail price of each of the relevant fuels offered for sale by the fuel retailer.

(2) A report required under subclause (1) must –

(a) be made –

(i) on commencement of trading by the fuel retailer; and

(ii) within 30 minutes after  a change of the standard retail price of a relevant fuel offered for sale by the fuel retailer; and

(b) include the date and time from which a relevant fuel is offered for sale by the fuel retailer.

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

Notified in the Gazette on 1 September 2020

These regulations are administered in the Department of Justice.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations prescribe a code of practice for fuel price reporting, for the purposes of the Australian Consumer Law (Tasmania) Act 2010 , that prescribes the requirements in relation to –

(a) the registration of fuel retailers; and

(b) the manner of reporting of fuel prices for specified fuel types.