Document ID: chunk:federal_register_of_legislation:C2024C00640:section:18
Version: federal_register_of_legislation:C2024C00640
Segment Type: section
Provision Reference: s 18
Character Range: 47384–49508

18  Minister may direct transfer of liquid fuel
 (1) During a period of national liquid fuel emergency, the Minister may, by writing, direct a relevant fuel industry corporation to cause a specified quantity of liquid fuel of a specified kind that is held by the corporation at a specified place (the old place) in Australia to be transferred by a specified day to another specified place (the new place) in Australia.
 (2) The new place:
 (a) must be a place at which the corporation has adequate facilities to hold the quantity of liquid fuel to be transferred; and
 (b) if the old place is situated in a State, the Australian Capital Territory or the Northern Territory and the transfer is for purposes that do not include any or all of the purposes mentioned in subsection (3)—must not be situated in the same State or Territory as the old place.
 (3) The purposes are as follows:
 (a) purposes related to the defence of Australia;
 (b) purposes related to the provision of fuel for ships and aircraft engaged in trade and commerce:
 (i) between Australia and places outside Australia; or
 (ii) among the States; or
 (iii) between a State and a Territory or between Territories;
 (c) purposes related to the export of liquid fuel from Australia;
 (d) purposes related to the carrying on of an activity to which paragraph 11(1)(d) applies.

Purpose of direction
 (4) The Minister must not give a direction under subsection (1) unless it is for the purpose of dealing with a shortage or likely shortage of relevant liquid fuel.

Direction not a legislative instrument
 (5) A direction under subsection (1) is not a legislative instrument.

Civil penalty
 (6) A relevant fuel industry corporation must not, without reasonable excuse, contravene a direction in force under subsection (1).
Note: Under section 34, the Court may order a relevant fuel industry corporation that contravenes such a direction to pay a pecuniary penalty.

Notice of decision
 (7) The Minister must give notice of a direction under subsection (1) to the relevant fuel industry corporation. The direction comes into force when the notice is given.