Document ID: chunk:federal_register_of_legislation:F2019L00435:reg:34
Version: federal_register_of_legislation:F2019L00435
Segment Type: reg
Provision Reference: reg 34
Character Range: 38750–40689

34  Guidelines for directions to relevant fuel industry corporations regulating or prohibiting supply of liquid fuel

Minister must consult before giving direction
 (1) Before giving a direction under subsection 23(1) of the Act, during a period of national liquid fuel emergency regulating or prohibiting the supply of specified refined liquid petroleum products by relevant fuel industry corporations, the Minister must:
 (a) inform those corporations and the other liquid fuel emergency Ministers that the Minister is proposing to give a direction under that subsection; and
 (b) invite those corporations and Ministers to make submissions on the proposal within a period specified by the Minister (which must be a reasonable period).

Matters that must be taken into account in deciding whether to give direction
 (2) The Minister must take into account the following matters in deciding whether to give the direction:
 (a) the expected severity, type, impact and duration of liquid fuel supply disruption during the period of national liquid fuel emergency;
 (b) any relevant submissions given to the Minister within the specified period;
 (c) any bulk allocation procedures of those corporations (as approved by the Minister under subsection 13(5) or (7) of the Act);
 (d) the expected supply needs of essential users.
Note: See Part 5 for guidelines for bulk allocation procedures of relevant fuel industry corporations.

Matters that may be taken into account in deciding whether to give direction
 (3) The Minister may take into account the following matters in deciding whether to give the direction:
 (a) the expected impact of the proposed direction on the broader community;
 (b) the expected impact of the proposed direction in relation to Australia's national interests and international obligations;
 (c) any other relevant matter.

Part 13—Directions to relevant persons regulating or prohibiting supply of liquid fuel