Petroleum Products Pricing Amendment Act 2000

Western Australia

CONTENTS

1. Short title 1

2. The Act amended 2

3. Section 3 amended 2

4. Section 6 amended 3

5. Section 7 amended 4

6. Section 12 amended 4

7. Section 19 amended 4

8. Part IIIA inserted 5

Part IIIA — Special provisions about motor fuel

Division 1 — Before retail sale

22A. Definitions 5

22B. Price at terminal to be displayed and Commissioner to be notified of changes 6

22C. Previous month’s average price to be displayed6

22D. Maximum price to be displayed 7

22E. Price to be compared to maximum price fixed 7

22F. Information that supplier is to provide 9

22G. Obligation to supply from declared terminal 9

Division 2 — Retail sale

22H. Definitions 11

22I. Regulations to require retailers to display prices11

22J. Retailer to notify change of price 11

9. Section 25 amended 12

10. Sections 27A and 27B inserted 13

27A. Further powers of Commissioner to obtain information 13

27B. Publication by Commissioner of information 14

11. Part V Division 2 inserted 14

Division 2 — Infringement notices

31A. Infringement notices 14

31B. Giving of notice 14

31C. Content of notice 15

31D. Extension of time 15

31E. Withdrawal of notice 16

31F. Benefit of paying modified penalty 16

31G. Application of penalties collected 16

31H. Appointment of authorised persons 16

12. Schedule 1 inserted 17

Schedule 1 — Certain exclusions from definition of “petroleum product”

13. Minor amendments 24

14. Penalties amended 24

Western Australia

Petroleum Products Pricing Amendment Act 2000

No. 73 of 2000

An Act to amend the Petroleum Products Pricing Act 1983.

[Assented to 4 December 2000]

The Parliament of Western Australia enacts as follows:

1. Short title

This Act may be cited as the Petroleum Products Pricing Amendment Act 2000.

2. The Act amended

The amendments in this Act are to the Petroleum Products Pricing Act 1983*

[* Act No. 1 of 1983.

For subsequent amendments see 1999 Index to Legislation of Western Australia, Table 1, pp. 188-9.]

3. Section 3 amended

(1) Section 3(1) is amended as follows:

(a) by inserting before the definition of “motor fuel” the following definition —

“ “LPG” means liquefied petroleum gas; ”;

(b) in the definition of “motor fuel”, by inserting after “petrol” the following —

“ , LPG, ”;

“

“petroleum” means —

(a) any naturally occurring hydrocarbon, whether in a gaseous, liquid or solid state;

(b) any naturally occurring mixture of hydrocarbons, whether in a gaseous, liquid or solid state; or

(c) any naturally occurring mixture of one or more hydrocarbons, whether in a gaseous, liquid or solid state, and one or more of the following, that is to say, hydrogen sulphide, nitrogen, helium, and carbon dioxide;

“petroleum product” means a product derived from petroleum, but not petroleum itself, except that it does not include —

(a) a product listed in Schedule 1; or

(b) a product that is excluded from this definition by an order under subsection (4),

and it includes LPG (whether motor fuel or not, and whether or not the LPG is petroleum);

”.

(2) After section 3(3), the following subsection is inserted —

“

(4) The Minister may, by an order published in the Gazette, exclude a product derived from petroleum but not listed in Schedule 1 from the definition of “petroleum product” in subsection (1), and may subsequently amend or revoke the order by another order published in the Gazette.

”.

4. Section 6 amended

Section 6(1) is amended as follows:

(a) by deleting “The object of this Act is” and inserting instead —

“ The objects of this Act are ”;

(b) by deleting the full stop after paragraph (b) and inserting instead a comma;

“

to provide for the transparency of pricing of petroleum products, and to make additional provisions about motor fuel prices.

”.

5. Section 7 amended

Section 7(1)(b) is amended by deleting “the scheme of price control established under”.

6. Section 12 amended

After section 12(2), the following subsection is inserted —

“

(2a) An order fixing a maximum price for the sale of motor fuel may apply to a particular terminal, as defined in Part IIIA.

”.

7. Section 19 amended

Section 19(2)(b) is deleted and the following paragraph is inserted instead —

“

(b) either —

(i) if the offence arose out of the defendant refusing or failing to supply motor fuel from a place that was a declared terminal, as defined in Part IIIA, the person who demanded to be supplied was not a reseller or a prescribed person as referred to in section 22G; or

(ii) if subparagraph (i) does not apply, the defendant was a wholesale trader in the controlled petroleum products demanded, and the person who demanded to be supplied was not a manufacturer or a retail trader in them or in any goods made or partly made from them;

”.

8. Part IIIA inserted

After Part III, the following Part is inserted —

“

Part IIIA — Special provisions about motor fuel

Division 1 — Before retail sale

22A. Definitions

(1) In this Division —

“declared terminal” means a terminal designated under subsection (2) as a declared terminal for the purposes of this Division;

“displayed price” means the price displayed under section 22B;

“kind of motor fuel” refers to the type of motor fuel and, if there are different grades of a particular type of motor fuel, each grade is a different kind of motor fuel;

“offer” has, in addition to its ordinary meaning, the meaning given by subsection (3);

“supplier” means a person who supplies motor fuel to a reseller;

“terminal” means a place at which motor fuel any of which a supplier intends to supply to resellers is held.

(2) The Commissioner may, by an order published in the Gazette, designate a terminal as a declared terminal for the purposes of this Division, and may subsequently amend or revoke the order by another order published in the Gazette.

(3) A supplier is to be considered as offering to make a supply of motor fuel from a declared terminal at any time when a person demanding that supply in accordance with section 22G would be entitled under section 22G to purchase the motor fuel as demanded.

22B. Price at terminal to be displayed and Commissioner to be notified of changes

(1) A supplier of motor fuel from a declared terminal is required to display at the place of sale, so as to be clearly legible to anyone to whom motor fuel of the kind concerned is to be supplied, the price that would apply if it were to make a wholesale sale of motor fuel to a reseller who —

(a) was not the subject of any agreement or arrangement affecting price; and

(b) took delivery of the motor fuel at the terminal from which it was supplied.

(2) Subsection (1) requires a price to be displayed for each kind of motor fuel supplied or offered to be supplied from the terminal.

(3) Whenever a price that subsection (1) requires to be displayed is changed, the supplier is required to notify the Commissioner, in accordance with the regulations, of the price change.

Penalty: in the case of an individual, $4 000 and, in the case of a body corporate, $10 000.

22C. Previous month’s average price to be displayed

(1) A supplier of motor fuel from a declared terminal is required to display at the terminal, so as to be clearly legible to anyone to whom motor fuel is supplied at the terminal, the weighted average price, calculated in accordance with the regulations, for each kind of motor fuel supplied from the terminal during the previous month.

(2) In subsection (1) —

“previous month” means, unless the regulations provide otherwise, the most recent calendar month that has been expired for at least 7 days;

“calendar month” means January, February, or any of the 10 other named months of the calendar year.

(3) The price that this section requires to be displayed is to be displayed as near as practicable to the price displayed under section 22B.

Penalty: in the case of an individual, $4 000 and, in the case of a body corporate, $10 000.

22D. Maximum price to be displayed

If the price for the supply of a kind of motor fuel from a declared terminal is the subject of an order under section 12, the supplier is required to display at the terminal, so as to be clearly legible to anyone to whom motor fuel of the kind concerned is to be supplied, the maximum price fixed by the order.

Penalty: in the case of an individual, $4 000 and, in the case of a body corporate, $10 000.

22E. Price to be compared to maximum price fixed

(1) If a supplier makes a supply of any kind of motor fuel from a declared terminal to a purchaser who —

(a) is not the subject of any agreement or arrangement affecting price; and

(b) takes delivery of the motor fuel at the terminal from which it is supplied,

(in this section called a “relevant supply”) and the supply is the subject of an order under section 12, the supplier is required to show in the invoice for the supply —

(d) the maximum price fixed by the order.

(2) If the price for a relevant supply of a kind of motor fuel from a declared terminal is not the subject of an order under section 12 but the price for a relevant supply of that kind of motor fuel from another declared terminal is the subject of an order under section 12, the supplier is required to show in the invoice for a relevant supply of any motor fuel of that kind —

(a) the displayed price;

(b) the maximum price fixed by the order; and

(c) if the displayed price exceeds the maximum price fixed by the order for the other terminal, any details as to the difference between those prices that the regulations require to be shown.

(3) If the maximum price is fixed under section 12 for 2 or more other terminals, the supplier may choose between them for the purpose of complying with subsection (2) unless the Commissioner directs the supplier in writing as to which of them to use.

(4) If a displayed price for any motor fuel is such that subsection (2)(c) would require the supplier to give details of the displayed price in the invoice for the supply of any of the motor fuel, the supplier is required to give the Commissioner, in accordance with the regulations, the same details.

Penalty: in the case of an individual, $4 000 and, in the case of a body corporate, $10 000.

22F. Information that supplier is to provide

(1) If a supplier of motor fuel from a declared terminal supplies or offers to supply any of that motor fuel for a price any component of which is for —

(a) delivery of the fuel;

(b) use of a brand;

(d) anything else connected with the sale of the motor fuel,

the supplier is required to provide, in writing, details of the amount of each of those components, and what it is for, to a person reasonably requesting that information.

(2) The supplier is required to include those details in the invoice for any sale for a price that includes any of those components.

(3) A supplier is required to provide, in writing, to anyone reasonably requesting it, any other information that this Division —

(a) requires the supplier to display at the place of sale; or

(b) would require the supplier to disclose in the invoice of a sale.

Penalty: in the case of an individual, $4 000 and, in the case of a body corporate, $10 000.

22G. Obligation to supply from declared terminal

(1) A reseller or a prescribed person who —

(a) demands that the supplier of motor fuel from a declared terminal sell to the person making the demand a quantity of any of that motor fuel; and

(b) tenders payment of the price at which the motor fuel is for the time being for sale,

is entitled to purchase motor fuel from the terminal, as demanded, unless the supplier gives the person making the demand, in writing, good reason for refusing to comply with the demand.

(2) If a supplier refuses to sell a person motor fuel under subsection (1), the person (in this section called “the aggrieved person”) may apply to the Commissioner for a decision as to whether the supplier properly refused under subsection (1).

(3) If the Commissioner, after giving the supplier and the aggrieved person an opportunity to be heard on the question, decides that the supplier did not properly refuse and the aggrieved person was entitled to purchase motor fuel as demanded, the Commissioner may order the supplier to pay the aggrieved person an amount of compensation determined by the Commissioner, which may include an amount for costs involved in making the application.

(4) A copy of a decision of the Commissioner, certified by the Commissioner to be a true copy, may be lodged with the clerk of a Local Court in accordance with the rules of court (which may include provision for the payment of a lodging fee) upon which —

(a) the clerk is to register the decision; and

(b) the payment of any money ordered by that decision to be paid may be enforced as if it were required by an order of the Local Court.

Division 2 — Retail sale

22H. Definitions

In this Division —

“kind of motor fuel” refers to the type of motor fuel and, if there are different grades of a particular type of motor fuel, each grade is a different kind of motor fuel;

“standard retail price” means the price at which the motor fuel concerned is offered for retail sale to a customer who is not the subject of any agreement or arrangement affecting price.

22I. Regulations to require retailers to display prices

(1) The regulations may require a person who offers motor fuel for retail sale to display at the place of sale, so as to be clearly legible to passing motorists, the standard retail price at which each kind of motor fuel is currently offered for sale at the place.

(2) If a kind of motor fuel is not available for retail sale at a particular place except in accordance with an existing agreement or arrangement between the customer and the retailer, subsection (1) does not apply to the sale of that kind of motor fuel at that place.

(3) The regulations may include provision as to the displaying of the price and the information to be displayed.

22J. Retailer to notify change of price

(1) A person who offers motor fuel for retail sale on a particular day at a particular place commits an offence under this section if the standard retail price at which any motor fuel is offered for sale at that place differs from the standard retail price at which motor fuel of that kind was last offered for sale before that day, except if —

(a) the person has notified the Commissioner of the price under subsection (2); and

(b) it is the most recent price for that kind of fuel of which the person has notified the Commissioner.

Penalty: in the case of an individual, $4 000 and, in the case of a body corporate, $10 000.

(2) A person intending to offer motor fuel for retail sale at a particular place may, before the day on which it is to be offered for sale, notify the Commissioner of the standard retail price at which the person intends to offer it for sale.

(3) The regulations may provide for the time within which, and the manner and form in which, notification may be given under subsection (2).

(4) In subsections (1) and (2) —

“day” means a period of 24 hours commencing immediately after midnight.

(5) Subsection (1) does not apply to a place that is specified in the regulations to be a place to which that subsection does not apply.

”.

9. Section 25 amended

Section 25(2) is amended by deleting “paragraph (a) or (c) of subsection (1)” and inserting instead the following —

“ subsection (1)(a) ”.

10. Sections 27A and 27B inserted

After section 27 the following sections are inserted —

“

27A. Further powers of Commissioner to obtain information

(1) This section applies if the Commissioner requires information for any of the objects or purposes of this Act other than for the purposes of an inquiry or investigation under this Act.

(2) The Commissioner may by notice in writing require any person engaged in the sale or supply of a petroleum product to furnish, within a specified time and in a specified manner and form, a return setting forth to the best of the knowledge and ability of that person such particulars as to price or otherwise relating to the petroleum product as are specified in that notice.

(3) The notice may require a return that it requires to be furnished to be verified by statutory declaration.

(4) A return furnished by a person under this section is not admissible in evidence in any proceedings against the person other than proceedings in respect of an offence against this Act.

(5) A person who is required by notice given under this section to furnish a return is not to —

(a) fail or refuse to comply with any of the requirements of that notice; or

(b) wilfully furnish any information that is false or misleading in a material particular.

Penalty: in the case of an individual, $4 000 and, in the case of a body corporate, $10 000.

(6) Nothing in this section limits the power to make regulations requiring persons to provide information.

27B. Publication by Commissioner of information

If the Commissioner considers that it will assist in achieving the objects and purposes of this Act, the Commissioner may publish, as the Commissioner considers appropriate, any information obtained under, or in the course of the administration of, this Act.

”.

11. Part V Division 2 inserted

(1) After the heading to Part V, the following Division heading is inserted —

“ Division 1 — General provisions ”.

(2) At the end of Part V, the following Division is inserted —

“

Division 2 — Infringement notices

31A. Infringement notices

In this Division —

“authorised person” in section 31B, 31C, 31D or 31E means a person appointed under section 31H by the Commissioner to be an authorised person for the purposes of the section in which the term is used;

“prescribed” means prescribed by regulations.

31B. Giving of notice

(1) An authorised person who has reason to believe that a person has committed a prescribed offence under this Act may, within 21 days after the alleged offence is believed to have been committed, give an infringement notice to the alleged offender.

(2) An offence under section 15, 16, 19, or 20 cannot be prescribed under this section.

31C. Content of notice

(1) An infringement notice is to be in the prescribed form and is to —

(a) contain a description of the alleged offence;

(b) advise that if the alleged offender does not wish to have a complaint of the alleged offence heard and determined by a court, the amount of money specified in the notice as being the modified penalty for the offence may be paid to an authorised person within a period of 28 days after the giving of the notice; and

(c) inform the alleged offender as to who are authorised persons for the purposes of receiving payment of modified penalties.

(2) In an infringement notice the amount specified as being the modified penalty for the offence referred to in the notice is to be the amount that was the prescribed modified penalty at the time the alleged offence is believed to have been committed.

(3) The modified penalty that may be prescribed for an offence is not to exceed 20% of the maximum penalty that could be imposed for that offence by a court.

31D. Extension of time

An authorised person may, in a particular case, extend the period of 28 days within which the modified penalty may be paid and the extension may be allowed whether or not the period of 28 days has elapsed.

31E. Withdrawal of notice

(1) An authorised person may, whether or not the modified penalty has been paid, withdraw an infringement notice by sending to the alleged offender a notice in the prescribed form stating that the infringement notice has been withdrawn.

(2) If an infringement notice is withdrawn after the modified penalty has been paid, the amount is to be refunded.

31F. Benefit of paying modified penalty

(1) Subsection (2) applies if the modified penalty specified in an infringement notice has been paid within 28 days or such further time as is allowed and the notice has not been withdrawn.

(2) If this subsection applies it prevents the bringing of proceedings and the imposition of penalties to the same extent that they would be prevented if the alleged offender had been convicted by a court of, and punished for, the alleged offence.

(3) Payment of a modified penalty is not to be regarded as an admission for the purposes of any proceedings, whether civil or criminal.

31G. Application of penalties collected

An amount paid as a modified penalty is, subject to section 31E(2), to be dealt with as if it were a penalty imposed by a court as a penalty for an offence.

31H. Appointment of authorised persons

(1) The Commissioner may, in writing, appoint officers or classes of officers to be authorised persons for the purposes of section 31B, 31C, 31D or 31E or for the purposes of 2 or more of those sections, but a person who is authorised to give infringement notices under section 31B is not eligible to be an authorised person for the purposes of any of the other sections.

(2) The Commissioner is to issue to each person who is authorised to give infringement notices under this Division a certificate of that person’s authorisation, and the authorised person is to produce the certificate whenever required to do so by a person to whom an infringement notice has been or is about to be given.

(3) In this section —

“officer” means an officer referred to in section 5(2)(a) or (b).

”.

12. Schedule 1 inserted

At the end of the Act the following Schedule is inserted —

“

Schedule 1 — Certain exclusions from definition of “petroleum product”

[s. 3(1)]

Chemical fertilisers

Ammonia aqua, fertiliser grade

Ammonium nitrate

Ammonium nitrate, liquid

Ammonium phosphate fertiliser

Ammonium sulphate

Anhydrous ammonia fertiliser

Chemical fertilisers

Chemical fertilisers, mixed

Fertilisers, leaf or foliage type

Nitrate of soda fertiliser

Phosphate, ground

Potash fertilisers

Prilled ammonium nitrate

Sodium nitrate fertiliser

Superphosphate

Urea, fertiliser grade

Industrial gases

Acetylene gas

Argon

Carbon dioxide gas

Carbon monoxide

Dry ice

Helium

Hydrogen

Neon

Nitrogen

Nitrous oxide

Oxygen

Synthetic resins and rubber

Acrylic resins

Acrylonitrile‑butadiene‑styrene

Alkyd resins

Allyl plastics

Aminoaldehyde resins

Carbon black

Casein, hardened

Cellulose acetate

Cellulose nitrate

Cellulosic resins

Coal tar resins

Cresol formaldehyde

Epoxy resins

Ethyl cellulose

Fluorocarbon resins

Gelatin, chemically hardened

Melamine formaldehyde resins

Methylstyrene

Phenol formaldehyde

Phenol resins

Plastics raw materials

Polyamide resins

Polyester resins

Polyethylene resins

Polymethacrylate

Polypropylene resins

Polystyrene

Polyurethane resins

Polyvinyl acetate

Polyvinyl chloride compounds

Polyvinyl chloride resins (polymer)

Protein, hardened

Resin esters

Styrene butadiene resins

Styrene butylene resins

Styrene resins

Synthetic resins

Synthetic rubber

Urea formaldehyde resins

Urea resins

Urethane resins

Vinyl chloride copolymers

Vinyl resins

Vulcanised fibre

Organic industrial chemicals

Acetaldehyde

Acetic acid

Acetic anhydride

Acetin

Acetone

Acetone redistilling or re‑refining

Acetylsalicylic acid

Acids, organic

Alcohol, absolute

Alcohol, industrial

Amyl acetate

Amyl alcohol

Aniline dyes

Aniline oil

Ascorbic acid

Azo dyes

B.H.C.

Butadiene

Butyl acetate

Butyl alcohol

Carbolic acid

Carbon bisulphide

Carbon disulphide

Carbon tetrachloride

Chemical colours, organic

Chloroform

Citric acid

Cresylic acid

Cuprene, organic

Cyclic plasticisers

D.D.T.

Dibutyl phthalate

Di‑iso‑oxtyl phthalate

Dye intermediates

Dyes

Dyestuffs

Ethyl acetate

Ethyl alcohol

Ethyl formate

Ethylene

Ethylene oxide

Fatty acids

Fluorocarbons

Formaldehyde

Industrial chemicals, organic

Lactic acids

Lake colours

Methanol

Methyl alcohol

Methyl methacrylate

Methylated spirits

Naphtha, crude

Natural resins

Nitrobenzene

Nitrocellulose

Nitromethane

Nitroparaffins

Oil treating compounds

Oleic acid

Oxalic acid

Phenol

Phthalic anhydride esters

Pigments, organic

Plasticisers

Polymeric plasticisers

Power alcohol

Rennin

Rosin

Spirits, non‑potable

Stearine pitch

Stearate or stearic acid

Tannic acid

Tanning compounds, organic

Tannins

Tartaric acid

T.D.E.

Thinners, paint, redistilling or re‑refining

Toluol

Trichloroethylene

Tricresyl phosphate

Turpentine

Turpentine, mineral

Urea

Vinyl acetate monomer

White spirit, non‑potable

Wood alcohol

Xylol

Inorganic industrial chemicals

Acids, inorganic

Alkalis

Aluminium sulphate

Ammonia

Ammonium persulphate

Barium sulphate, precipitated

Bone char

Boracic acid

Borax

Boric acid

Cadmium pigments

Calcium arsenate

Calcium carbide

Calcium chloride

Carbide

Charcoal

Chemical colours, inorganic

Chloride of lime

Chlorine

Chrome oxide

Chromium green oxide

Copper sulphate

Cuprene, inorganic

Degreasing compounds

Glaubers salt

Graphite, artificial

Hydrochloric acid

Hydrofluoric acid

Hydrogen peroxide

Hydrogen sulphide

Industrial chemicals, inorganic

Lampblack

Lead arsenate

Lead chromate

Litharge

Lithopone

Muriatic acid

Nitre cake

Nitric acid

Phosphoric acid

Phosphorus

Pigments, inorganic

Potassium carbonate

Potassium hydroxide

Prussian blue

Red lead

Salt cake

Salt refining

Silicates

Soda ash

Sodium alginate

Sodium aluminate

Sodium antimonate

Sodium benzoate

Sodium bicarbonate

Sodium bisulphate

Sodium borate

Sodium carbonate

Sodium cyanide

Sodium hydroxide

Sodium metasilicate

Sodium

Sodium peroxide

Sodium silicate

Sodium sulphate

Sodium sulphide

Sulphur compounds

Sulphur dioxide

Sulphuric acid

Tanning compounds, inorganic

Titanium dioxide

Titanium pigments

Ultramarine

Vitreous enamel frits

Water treating compounds

Waterproofing compounds

White lead

Zinc chloride

Zinc oxide

Other products

Crude oil

Liquefied natural gas

Natural gas

Natural sales gas

Natural gas condensate

Ethane

”.

13. Minor amendments

In each place listed in the Table to this section “object” is deleted and the following is inserted instead —

“ objects ”.

Table

s. 4(3)(b)

s. 19(2)(c)(iii)

s. 20(2)(b)(iii)

14. Penalties amended

(1) The penalties specified under the provisions identified in the Table to this subsection are amended —

(a) by deleting “$2 000” and inserting instead —

“ $4 000 ”; and

(b) by deleting “$5 000” and inserting instead —

“ $10 000 ”.

Table

s. 11(1)	s. 18(3)
s. 14(1)	s. 19(1)
s. 14(2)	s. 20(1)
s. 15	s. 21
s. 16(1)	s. 27(5)
s. 17

(2) The penalties specified under the provisions identified in column 1 of the Table to this subsection are amended by deleting the amounts shown in column 2 and inserting instead the amounts shown in column 3.

Table

column 1	column 2	column 3
provision	amount deleted	amount inserted
s. 25(1)	$2 000	$4 000
s. 26	$2 000	$4 000
s. 33(1)	$5 000	$10 000

(3) Section 34(a) is amended as follows:

(a) in subparagraph (i), by deleting “$500” and inserting instead —

“ $1 000 ”;

(b) in subparagraph (ii), by deleting “$1 000” and inserting instead —

“ $2 000 ”.

dline