Liquid Fuel Emergency Regulations 2021

I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 02 September 2021

David Hurley

Governor‑General

By His Excellency’s Command

Angus Taylor

Minister for Energy and Emissions Reduction

Contents

Part 1—Introduction

1 Name

2 Commencement

3 Authority

4 Definitions

5 Refined liquid petroleum products

Part 2—Administrative matters

6 Consultation between Ministers concerning emergency procedures

7 Reconsideration and review of decisions

Part 1—Introduction

1  Name

  This instrument is the Liquid Fuel Emergency Regulations 2021.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under the Liquid Fuel Emergency Act 1984.

4  Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) Energy Minister;

(b) liquid fuel;

(c) liquid petroleum product.

  In this instrument:

Act means the Liquid Fuel Emergency Act 1984.

biofuel means a liquid fuel (within the ordinary meaning of the expression) derived or recovered from biomass.

biomass means non‑fossilised and biodegradable organic material originating from plants, animals and micro‑organisms, and includes:

 (a) products, by‑products, residues and waste from industry, including the agriculture and forestry industries; and

 (b) non‑fossilised and biodegradable organic components of commercial and industrial, construction and demolition, and municipal waste.

5  Refined liquid petroleum products

  For the purposes of paragraph (b) of the definition of refined liquid petroleum product in subsection 3(1) of the Act, the following liquid petroleum products are declared to be refined liquid petroleum products:

 (a) diesel (other than automotive distillate or industrial diesel fuel);

 (b) gasoline (other than motor spirit or aviation gasoline);

 (c) kerosine (other than aviation turbine fuel, lighting kerosine and power kerosine);

 (d) a fuel that is a blend of diesel and biofuel (other than a blend that is automotive distillate or industrial diesel fuel);

 (e) a fuel that is a blend of more than one liquid fuel (other than a blend that is a liquid petroleum product referred to in paragraph (a) of the definition of refined liquid petroleum product in subsection 3(1) of the Act).

Part 2—Administrative matters

6  Consultation between Ministers concerning emergency procedures

  For the purposes of subsection 42(1) of the Act, the Minister may give notice of the Minister’s intention to make a determination or give a direction to the Energy Minister for a State or Territory in any of the following ways:

 (a) by telling the Energy Minister in person;

 (b) by telephoning the Energy Minister;

 (c) by advising the Energy Minister orally, by way of videoconference or teleconference;

 (d) by emailing, or communicating in another form of writing with, the Energy Minister.

7 Reconsideration and review of decisions

  For the purposes of subsection 44(2) of the Act, a notice given to the Minister requesting reconsideration of a decision must be sent by email to the Minister’s ministerial email address.