Petroleum Products Pricing Act 1983
Petroleum Products Pricing Regulations 2000
Western Australia
Petroleum Products Pricing Regulations 2000
Contents
Part 1 — Preliminary
1.Citation1
2.Commencement1
2AA.Terms used1
Part 2 — Special provisions about motor fuel
Division 1 — Retail sale
2A.Terms used2
3.Standard retail price to be as notified2
3A.Requirements for giving notification3
4.Price changes in certain places need not be notified3
5.Places where regulation 6 applies4
6.Retailer to display retail prices4
Division 2 — Before retail sale
7.How to notify Commissioner of price changes5
9.Details of price differences6
10.Notifying Commissioner of price differences6
Part 3 — Infringement notices and modified penalties
11.Prescribed offences (s. 31B)8
12.Prescribed modified penalties (s. 31C)8
13.Prescribed form of infringement notice (s. 31C)8
14.Prescribed form of withdrawal of notice (s. 31E)8
Schedule 1 — Places where regulations 3(1) and 6 apply
Schedule 2 — Prescribed offences and modified penalties
Schedule 3 — Forms
Notes
Compilation table18
Other notes20
Defined terms
Petroleum Products Pricing Act 1983
Petroleum Products Pricing Regulations 2000
[Heading inserted: Gazette 11 Jul 2001 p. 3459.]
These regulations may be cited as the Petroleum Products Pricing Regulations 2000.
These regulations come into operation on 1 January 2001 unless they are published in the Gazette after that day, in which case they come into operation on the day on which they are published in the Gazette.
In these regulations —
Perth metropolitan region means the metropolitan region as defined in the Planning and Development Act 2005 section 4(1);
townsite means an area that, under the Land Administration Act 1997, has been or is to be treated as having been constituted a townsite.
[Regulation 2AA inserted: Gazette 17 Oct 2017 p. 5335.]
Part 2 — Special provisions about motor fuel
[Heading inserted: Gazette 11 Jul 2001 p. 3459.]
[Heading inserted: Gazette 11 Jul 2001 p. 3459.]
In this Division —
day means a period of 24 hours beginning immediately after 6.00 a.m.;
retail sale does not include an exempt sale.
[Regulation 2A inserted: Gazette 23 Aug 2001 p. 4379; amended: SL 2020/34 r. 4.]
3.Standard retail price to be as notified
(1)Subject to regulation 4, a person who offers a particular kind of motor fuel for retail sale on a particular day at a particular place commits an offence unless —
(a)under subregulation (2), the person has established the permitted standard retail price for that sale; and
(b)the standard retail price at which that kind of motor fuel is offered is that day’s permitted standard retail price.
Penalty: in the case of an individual, $20 000 and, in the case of a body corporate, $100 000.
(2)A person establishes the permitted standard retail price for the retail sale by that person of a particular kind of motor fuel on a particular day at a particular place by notifying the Commissioner, in accordance with regulation 3A, of the standard retail price at which the motor fuel is to be offered for sale on that day.
[Regulation 3 inserted: Gazette 23 Aug 2001 p. 4379; amended: Gazette 31 Dec 2001 p. 6764.]
3A.Requirements for giving notification
(1)Notification under regulation 3(2) has to be given to the Commissioner —
(a)during a period fixed under subregulation (3) or, if no period is so fixed, during the period beginning at 8.30 a.m. and ending at 2.00 p.m. on the day before the day for which the price is notified; and
(b)in a manner and form fixed under subregulation (3) or, if no manner and form is so fixed —
(i)by a message given by a telephone call made to telephone number 1800 445 757; or
(ii)by using the FuelWatch website at <www.fuelwatch.wa.gov.au>.
(2)The notification under regulation 3(2) of a price for a particular day has effect as notification of the same price for each subsequent day until the beginning of a day for which the Commissioner has been notified under regulation 3(2) of a different price.
(3)The Commissioner may by order published in the Gazette fix the period during which, and the manner and form in which, notification under regulation 3(2) can be given.
(4)A period fixed under subregulation (3) has to end before the beginning of the day for which the price is notified.
(5)The Commissioner may revoke an order under subregulation (3) by a subsequent order published in the Gazette.
[Regulation 3A inserted: Gazette 23 Aug 2001 p. 4380; amended: Gazette 12 Aug 2008 p. 3535; SL 2020/34 r. 5.]
4.Price changes in certain places need not be notified
Regulation 3(1) does not apply to a place that —
(a)is outside the Perth metropolitan region; and
(b)is not in a local government district, locality or townsite listed in Schedule 1.
[Regulation 4 inserted: Gazette 17 Oct 2017 p. 5336.]
5.Places where regulation 6 applies
Regulation 6 applies to a place that is in a local government district, locality or townsite listed in Schedule 1.
[Regulation 5 inserted: Gazette 16 Nov 2001 p. 5981; amended: Gazette 17 Oct 2017 p. 5336.]
6.Retailer to display retail prices
(1)A person who offers motor fuel for retail sale at a place where this regulation applies is required to have, at the place of sale, a price display as described in this regulation.
Penalty: in the case of an individual, $20 000 and, in the case of a body corporate, $100 000.
(2)The price display has at least to show —
(a)whenever not more than 3 kinds of motor fuel are currently offered for retail sale at the place, the standard retail price for each of those kinds of motor fuel;
(b)whenever more than 3 kinds of motor fuel (the kinds offered) are currently offered for retail sale at the place, the standard retail prices for 3 of the kinds offered including —
(i)if one of them is LPG, the standard retail price for LPG;
(ii)if only one of them is regular unleaded petrol, the standard retail price for that kind of motor fuel; and
(iii)if 2 or more of them are regular unleaded petrol, the standard retail price for each of 2 of those kinds of motor fuel and for one of the other kinds offered that is not regular unleaded petrol.
(3)The price display has to be in a suitable position, and if necessary sufficiently illuminated, to enable each price shown and the description of the kind of motor fuel to which the price applies to be clearly legible to passing motorists whenever the motor fuel is offered for retail sale.
(4)The price display may consist of more than one sign or other thing.
(5)Subregulation (1) does not apply to a place of sale while it is exempt under subregulation (6) from the requirements of this regulation.
(6)The Commissioner may, by order published in the Gazette —
(a)if satisfied that there are exceptional circumstances because of which the requirements of this regulation should not apply, exempt a particular place of sale from the requirements of this regulation for a specified period or until the exemption is revoked;
(b)revoke an exemption under paragraph (a), whether it was given for a specified period or not.
(7)In this regulation —
regular unleaded petrol means petrol sold as regular unleaded petrol (91 to 93 RON), however described.
[Regulation 6 inserted: Gazette 11 Jul 2001 p. 3460‑1; amended: Gazette 16 Nov 2001 p. 5981; 31 Dec 2001 p. 6764‑5; 9 Dec 2005 p. 5875‑6; SL 2020/34 r. 6.]
Division 2 — Before retail sale
[Heading inserted: Gazette 11 Jul 2001 p. 3461.]
7.How to notify Commissioner of price changes
If section 22B of the Act requires a supplier to notify the Commissioner of a proposed price change, the way in which notification is to be given is by directly uploading information about the price change using the Commissioner’s Fuel Watch website at the address www.fuelwatch.wa.gov.au on the internet.
[Regulation 7 inserted: Gazette 11 Jul 2001 p. 3461; amended: Gazette 18 Nov 2014 p. 4323.]
[8.Deleted: Gazette 18 Nov 2014 p. 4323.]
9.Details of price differences
(1)If section 22E(2) of the Act requires that an invoice for a supply of motor fuel from a declared terminal show details as to the difference between the relevant price and the maximum price fixed by an order under section 12 of the Act for another declared terminal, the details to be shown are a description of each component of each of those prices that the supplier considers contributes to the difference, and the amount of each of those components.
(2)A component needs to be described with sufficient particularity to clearly identify the expense or other item concerned.
(3)The amounts attributed to the components identified need to be expressed in terms that enable their cumulative effect to be readily quantified.
[Regulation 9 inserted: Gazette 11 Jul 2001 p. 3461‑2; amended: Gazette 18 Nov 2014 p. 4323.]
10.Notifying Commissioner of price differences
(1)Details that section 22E(4) of the Act requires a supplier to give to the Commissioner are to be given by directly uploading those details using the Commissioner’s Fuel Watch website at the address www.fuelwatch.wa.gov.au on the internet.
(2)Details relating to supplies made during a particular calendar month are to be given within a period of 14 days after the end of that month.
(3)In subregulation (2) —
calendar month means January, February, or any of the 10 other named months of the calendar year.
[Regulation 10 inserted: Gazette 11 Jul 2001 p. 3462.]
Part 3 — Infringement notices and modified penalties
[Heading inserted: Gazette 9 Nov 2001 p. 5925.]
11.Prescribed offences (s. 31B)
The offences specified in Schedule 2 are the offences for which an infringement notice may be given under section 31B of the Act.
[Regulation 11 inserted: Gazette 9 Nov 2001 p. 5925.]
12.Prescribed modified penalties (s. 31C)
The modified penalty specified opposite an offence in Schedule 2 is the modified penalty for that offence for the purposes of section 31C(2) of the Act.
[Regulation 12 inserted: Gazette 9 Nov 2001 p. 5925.]
13.Prescribed form of infringement notice (s. 31C)
The form of an infringement notice is set out in Schedule 3 Form 1 for the purposes of section 31C(1) of the Act.
[Regulation 13 inserted: Gazette 9 Nov 2001 p. 5926.]
14.Prescribed form of withdrawal of notice (s. 31E)
The form of a notice to withdraw an infringement notice is set out in Schedule 3 Form 2 for the purposes of section 31E(1) of the Act.
[Regulation 14 inserted: Gazette 9 Nov 2001 p. 5926.]
Schedule 1 — Places where regulations 3(1) and 6 apply
[r. 4(b), 5]
[Heading inserted: Gazette 13 May 2003 p. 1665; amended: Gazette 17 Oct 2017 p. 5336.]
Local government districts
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Albany |
Greater Geraldton |
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Augusta‑Margaret River |
Harvey |
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Bridgetown‑Greenbushes |
Mandurah |
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Bunbury |
Manjimup |
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Busselton |
Murray |
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Capel |
Northam |
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Dardanup |
Waroona |
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Donnybrook‑Balingup |
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Localities
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Brown Range |
Kambalda East |
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Capricorn |
Kambalda West |
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Cataby |
Kingsford |
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Dongara |
Munglinup |
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Fitzroy Crossing |
North Bannister |
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Gap Ridge |
Port Denison |
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Greys Plain |
Yilkari |
Townsites
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Boulder |
Kellerberrin |
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Broome |
Kojonup |
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Carnarvon |
Kununurra |
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Collie |
Meckering |
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Coolgardie |
Meekatharra |
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Cunderdin |
Moora |
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Dalwallinu |
Mt Barker |
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Dampier |
Narrogin |
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Denmark |
Newman |
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Derby |
Norseman |
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Dongara |
Port Hedland |
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Esperance |
Ravensthorpe |
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Exmouth |
Regans Ford |
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Fitzroy Crossing |
Tammin |
|
Jurien |
Williams |
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Kalgoorlie |
Wubin |
|
Karratha |
York |
[Schedule 1 inserted: Gazette 13 May 2003 p. 1665‑6; amended: Gazette 3 Oct 2006 p. 4337; 15 May 2015 p. 1720; 21 Oct 2016 p. 4782; 17 Oct 2017 p. 5336‑7; 22 Dec 2017 p. 5977; 1 May 2018 p. 1432; 27 Nov 2018 p. 4575; SL 2020/33 r. 4.]
Schedule 2 — Prescribed offences and modified penalties
[r. 11, 12]
[Heading inserted: Gazette 22 Sep 2006 p. 4125.]
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Modified penalty |
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s. 11(1) |
Failing to notify Commissioner of proposed increase in price or rate of declared petroleum products or service ................................................ |
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s. 14(1) |
Selling or supplying controlled petroleum products or service above maximum price or rate |
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s. 14(2) |
Selling or supplying controlled goods or service on different terms than before maximum price or rate order ........................................................... |
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s. 17 |
Selling or supplying controlled petroleum products or service without separately specifying price or rate ......................................... |
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s. 21 |
Selling or supplying controlled petroleum products or service subject to purchase condition |
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s. 22B |
Failing to notify Commissioner of proposed price change at declared terminal ..................... |
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s. 22E(1) |
Failing to show in invoice relevant and maximum prices .................................................... |
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s. 22E(2) |
Failing to show in invoice relevant and maximum prices and details of any difference in prices ..................................................................... |
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s. 22E(4) |
Failing to give Commissioner details of any difference in prices ................................................ |
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s. 22F(2) |
Failing to include required details in invoice for sale of motor fuel ................................................... |
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s. 27(5)(a) |
Failing or refusing to comply with requirements of notice (inquiry or investigation) ........................ |
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s. 27A(5)(a) |
Failing or refusing to comply with requirements of notice ................................................................. |
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r. 3(1) |
Offering motor fuel for sale at other than standard retail price notified to Commissioner ..... |
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r. 6(1) |
Offering motor fuel for sale without having required price display ............................................ |
|
[Schedule 2 inserted: Gazette 22 Sep 2006 p. 4125‑6; amended: Gazette 18 Nov 2014 p. 4323.]
[r. 13 and 14]
[Heading inserted: Gazette 15 Aug 2014 p. 2934.]
Form 1 — Infringement notice relating to offence under Petroleum Products Pricing Act 1983
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INFRINGEMENT NOTICE |
Infringement |
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Alleged offender |
Name |
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Address |
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Details of alleged offence |
Date or period |
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Place |
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Written law contravened |
Sectionof the Petroleum Products Pricing Act 1983 or Regulationof the Petroleum Products Pricing Regulations 2000 |
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Details of offence |
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Date |
Date of notice |
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Authorised person giving notice |
Name |
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Office |
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Signature |
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Modified penalty |
$_________ |
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Penalty |
$_________ |
You do not have to pay this amount. This is the maximum fine that can be imposed if you are prosecuted in a court and convicted of this offence. |
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TAKE NOTICE |
It is alleged that you have committed the above offence. If you do not want to be prosecuted in court for the offence, pay the modified penalty within 28 days after the date of this notice. If you do not pay the modified penalty within 28 days, you may be prosecuted or enforcement action may be taken under the Fines, Penalties and Infringement Notices Enforcement Act 1994. Under that Act, some or all of the following action may be taken — your driver’s licence may be suspended; your vehicle licence may be suspended or cancelled; your details may be published on a website; your vehicle may be immobilised or have its number plates removed; and your property may be seized and sold. If you need more time to pay the modified penalty, you should contact the authorised person at the address below. Paying the modified penalty will not be regarded as an admission for the purposes of any civil or criminal court case. If you want this matter to be dealt with by prosecution in court, sign and date here: __________________________________ / /20 If you consider that you have good reason to have this notice withdrawn, you can write to the authorised person at the address below requesting that this notice be withdrawn and setting out the reasons why you consider that this notice should be withdrawn. Your letter must be received not later than 28 days after the date of this notice. |
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How to pay |
By post |
Tick the relevant box below and post this notice to: Commissioner for Consumer Protection rI want to pay the modified penalty. A cheque or money order (payable to ‘Commissioner for Consumer Protection’) for the modified penalty is enclosed. rI want to pay the modified penalty by credit card. Please debit my credit card account. Card type _____________________________ Cardholder name _______________________ Card number [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] Expiry date of card _____/_____ Amount $__________ Signature ____________________ Complete all details |
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In person |
Pay the cashier at: Department of Commerce
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Method of service |
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Date of service |
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[Form 1 inserted: Gazette 15 Aug 2014 p. 2934‑6; amended: Gazette 18 Nov 2014 p. 4324.]
Form 2 — Withdrawal of infringement notice relating to offence under Petroleum Products Pricing Act 1983
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WITHDRAWAL OF INFRINGEMENT NOTICE |
Withdrawal no. |
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Alleged offender |
Name |
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Address |
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Details of infringement notice |
Infringement notice no. |
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Date of issue |
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Details of alleged offence |
Date or period |
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Place |
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Written law contravened |
Sectionof the Petroleum Products Pricing Act 1983 or Regulationof the Petroleum Products Pricing Regulations 2000 |
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Details of offence |
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Authorised person withdrawing notice |
Name |
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Office |
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Signature |
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Date |
Date of withdrawal |
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Withdrawal of infringement notice [*Delete whichever is not applicable] |
The above infringement notice issued against you for the above alleged offence has been withdrawn. If you have already paid the modified penalty for the alleged offence, you are entitled to a refund. *Your refund is enclosed or *If you have paid the modified penalty but a refund is not enclosed, you may claim your refund by signing and dating this notice and posting it to: Commissioner for Consumer Protection |
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Your signature |
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Date |
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[Form 2 inserted: Gazette 15 Aug 2014 p. 2936‑7.]
This is a compilation of the Petroleum Products Pricing Regulations 2000 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.
|
Citation |
Published |
Commencement |
|
Petroleum Products Pricing Regulations 2000 |
29 Dec 2000 p. 7981‑5 |
1 Jan 2001 (see r. 2) |
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Petroleum Products Pricing Amendment Regulations 2001 1 |
11 Jul 2001 p. 3457‑62 |
12 Jul 2001 (see r. 2) |
|
Petroleum Products Pricing Amendment Regulations (No. 2) 2001 |
23 Aug 2001 p. 4378‑81 |
24 Aug 2001 (see r. 2 and Gazette 23 Aug 2001 p. 4377) |
|
Petroleum Products Pricing Amendment Regulations (No. 3) 2001 |
9 Nov 2001 p. 5925‑9 |
9 Nov 2001 |
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Petroleum Products Pricing Amendment Regulations (No. 4) 2001 2 |
16 Nov 2001 p. 5981‑2 |
23 Nov 2001 (see r. 2) |
|
Petroleum Products Pricing Amendment Regulations (No. 5) 2001 |
31 Dec 2001 p. 6764‑5 |
1 Jan 2002 (see r. 2 and Gazette 31 Dec 2001 p. 6761) |
|
Reprint of the Petroleum Products Pricing Regulations 2000 as at 19 Apr 2002 |
||
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Petroleum Products Pricing Amendment Regulations 2003 3 |
13 May 2003 p. 1665‑6 |
20 May 2003 (see r. 2) |
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Petroleum Products Pricing Amendment Regulations 2005 |
9 Dec 2005 p. 5875‑6 |
1 Jan 2006 (see r. 2) |
|
Petroleum Products Pricing Amendment Regulations 2006 |
22 Sep 2006 p. 4125‑6 |
22 Sep 2006 |
|
Petroleum Products Pricing Amendment Regulations (No. 2) 2006 |
3 Oct 2006 p. 4337 |
3 Oct 2006 |
|
Petroleum Products Pricing Amendment Regulations 2008 |
12 Aug 2008 p. 3535‑6 |
r. 1 and 2: 12 Aug 2008 (see r. 2(a)); |
|
Reprint 2: The Petroleum Products Pricing Regulations 2000 as at 14 Aug 2009 |
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Petroleum Products Pricing Amendment Regulations 2014 |
15 Aug 2014 p. 2933‑7 |
r. 1 and 2: 15 Aug 2014 (see r. 2(a)); |
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Petroleum Products Pricing Amendment Regulations (No. 2) 2014 |
18 Nov 2014 p. 4322‑4 |
r. 1 and 2: 18 Nov 2014 (see r. 2(a)); |
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Petroleum Products Pricing Amendment Regulations 2015 |
15 May 2015 p. 1719‑20 |
r. 1 and 2: 15 May 2015 (see r. 2(a)); |
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Petroleum Products Pricing Amendment Regulations 2016 |
21 Oct 2016 p. 4782 |
r. 1 and 2: 21 Oct 2016 (see r. 2(a)); |
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Petroleum Products Pricing Amendment Regulations 2017 |
17 Oct 2017 p. 5335‑7 |
r. 1 and 2: 17 Oct 2017 (see r. 2(a)); |
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Petroleum Products Pricing Amendment Regulations (No. 2) 2017 |
22 Dec 2017 p. 5976‑7 |
r. 1 and 2: 22 Dec 2017 (see r. 2(a)); |
|
Petroleum Products Pricing Amendment Regulations 2018 |
1 May 2018 p. 1432 |
r. 1 and 2: 1 May 2018 (see r. 2(a)); |
|
Petroleum Products Pricing Amendment Regulations (No. 2) 2018 |
27 Nov 2018 p. 4575 |
r. 1 and 2: 27 Nov 2018 (see r. 2(a)); |
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Petroleum Products Pricing Amendment Regulations 2020 |
SL 2020/33 9 Apr 2020 |
r. 1 and 2: 9 Apr 2020 (see r. 2(a)); |
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Petroleum Products Pricing Amendment Regulations (No. 2) 2020 |
SL 2020/34 9 Apr 2020 |
r. 1 and 2: 9 Apr 2020 (see r. 2(a)); |
1The Petroleum Products Pricing Amendment Regulations 2001 r. 8 reads as follows:
8.Defence during transitional period
(1)It is a defence to a charge of an offence against regulation 6(1) of the Petroleum Products Pricing Regulations 2000 that was alleged to have been committed during the transitional period to prove that the person charged did not have any sign or other thing that the person would have needed to be able to comply with regulation 6 of those regulations despite the person having taken all reasonable steps to ensure that everything needed was available.
(2)In subregulation (1) —
transitional period means the period of 30 days beginning on 19 July 2001.
2The Petroleum Products Pricing Amendment Regulations (No. 4) 2001 r. 7 reads as follows:
7.Defence during transitional period
(1)It is a defence to a charge of an offence against regulation 6(1) of the Petroleum Products Pricing Regulations 2000 that is alleged to have been committed during the transitional period to prove that the person charged did not have any sign or other thing that the person would have needed to be able to comply with regulation 6 of those regulations despite the person having taken all reasonable steps to ensure that everything needed was available.
(2)Subregulation (1) does not apply to a charge of an offence against regulation 6(1) of the Petroleum Products Pricing Regulations 2000 that is alleged to have been committed during the transitional period at a place in the local government district of Albany.
(3)In this regulation —
transitional period means the period of 30 days beginning on 23 November 2001.
3The Petroleum Products Pricing Amendment Regulations 2003 r. 5 reads as follows:
5.Defence during transitional period (regulation 6(1))
(1)It is a defence to a charge of an offence against regulation 6(1) of the Petroleum Products Pricing Regulations 2000 that is alleged to have been committed during the transitional period to prove that the person charged did not have any sign or other thing that the person would have needed to be able to comply with regulation 6 of those regulations despite the person having taken all reasonable steps to ensure that everything needed was available.
(2)Subregulation (1) does not apply to a charge of an offence against regulation 6(1) of the Petroleum Products Pricing Regulations 2000 that is alleged to have been committed during the transitional period at a place in a local government district or townsite listed in Schedule 1 to those regulations, as in force immediately before the transitional period.
(3)In this regulation —
transitional period means the period of 21 days beginning on the day on which these regulations come into operation.
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined termProvision(s)
calendar month10(3)
day2A
kinds offered6(2)
Perth metropolitan region2AA
regular unleaded petrol6(7)
retail sale2A
townsite2AA