Document ID: chunk:federal_register_of_legislation:C2007A00086:clause:1_22:p2
Version: federal_register_of_legislation:C2007A00086
Segment Type: clause
Provision Reference: sch 1 cl 22 (pt 2/2)
Character Range: 44695–46415

bulk, during a period covered by the direction, by a person who is not a bulk customer of the relevant person in relation to that product.

Note: Under section 34, the Court may order a relevant person that contravenes such a direction to pay a pecuniary penalty.

Reasonable excuses

 (10) It is a reasonable excuse for the purposes of paragraph (9)(a) if the person or organisation in respect of which the contravention is alleged to have occurred:
 (a) is not an essential user of the refined liquid petroleum product concerned in the State or Territory concerned at the time of the alleged contravention; and
 (b) refused or failed to produce to the relevant person concerned a copy of the notice given to the person or organisation under subsection 10(9) stating the person or organisation to be a bulk customer of the relevant person in relation to that product.

 (11) It is a reasonable excuse for the purposes of paragraph (9)(a) if the person or organisation in respect of which the contravention is alleged to have occurred:
 (a) is an essential user of the refined liquid petroleum product concerned in the State or Territory concerned at the time of the alleged contravention; and
 (b) refused or failed to produce to the relevant person concerned a copy of the following notices:
 (i) the notice given to the person or organisation under subsection 10(9) stating the person or organisation to be a bulk customer of the relevant person in relation to that product;
 (ii) the notice given to the person or organisation under subsection 11(10) stating the person or organisation to be an essential user of that product in that State or Territory.

 (12) Subsections (10) and (11) do not limit subsection (9).