Petroleum Products Pricing Amendment Act 2020 00-00-00 Xml

Western Australia

Petroleum Products Pricing Amendment Act 2020

No. 4 of 2020

An Act to amend the Petroleum Products Pricing Act 1983.

[Assented to 24 March 2020]

The Parliament of Western Australia enacts as follows:

1.Short title

This is the Petroleum Products Pricing Amendment Act 2020.

2.Commencement

This Act comes into operation as follows —

(a)sections 1 and 2 — on the day on which this Act receives the Royal Assent;

(b)the rest of the Act — on the day after that day.

3.Act amended

This Act amends the Petroleum Products Pricing Act 1983.

4.Section 22H replaced

Delete section 22H and insert:

22H.Terms used

(1)In this Division —

business includes the following —

(a)a business not carried on for profit;

(b)a trade or profession;

(c)the functions of a public body, other public organisation or public office holder;

exempt sale has the meaning given in subsections (2) and (3);

kind of motor fuel refers to the type of motor fuel and, if there are different grades or brands of a particular type of motor fuel, motor fuel of that type has to be of the same grade and brand for it to be the same kind of motor fuel;

standard retail price means the price at which the motor fuel concerned is offered for retail sale without any discounts or special offers.

(2)A retail sale of motor fuel at a particular place is an exempt sale if —

(a)a business of hiring out, leasing out or selling motor vehicles is carried on at the place and the motor fuel is sold in the course of that business incidentally to a hire, lease or sale of a motor vehicle; or

(b)the motor fuel is sold in bulk to be delivered or collected by tanker; or

(c)the motor fuel is sold for fuelling a motor vehicle that is used for a business and not used for any other purpose.

(3)The regulations may prescribe other cases in which a retail sale of motor fuel at a particular place is an exempt sale.

5.Section 22I amended

In section 22I(2) delete “in accordance with an existing agreement or arrangement between the customer and the retailer,” and insert:

for exempt sale,

6.Section 22J amended

In section 22J(2) delete “in accordance with an existing agreement or arrangement between the customer and the retailer,” and insert:

for exempt sale,

This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit legislation.wa.gov.au.

By Authority: KEVIN J. McRAE, Government Printer