Document ID: chunk:federal_register_of_legislation:C2009A00107:clause:1_12aa
Version: federal_register_of_legislation:C2009A00107
Segment Type: clause
Provision Reference: sch 1 cl 12AA
Character Range: 15259–16632

12AA  Civil penalty—supplying fuel that does not comply with fuel standards
 (1) A person contravenes this subsection if:
 (a) the person supplies fuel in Australia that is the subject of a fuel standard; and
 (b) in the case where the fuel standard specifies the circumstances in which the standard applies—the person supplies the fuel in Australia in those circumstances; and
 (c) the person is a constitutional corporation or a Commonwealth entity or the person supplies the fuel in the course of constitutional trade or commerce; and
 (d) the fuel does not comply with the standard; and
 (e) either:
 (i) if the person holds an approval that varies the standard in respect of the supply—the fuel does not comply with the standard as varied; or
 (ii) if another person holds an approval that varies the standard in respect of the supply by the person—the fuel does not comply with the standard as varied; and
 (f) the supply is not in order to comply with a direction or order under an emergency law.
Civil penalty:
 (a) for an individual—500 penalty units; and
 (b) for a body corporate—2,500 penalty units.
 (2) However, the person does not contravene subsection (1) if the person believes on reasonable grounds that the fuel that is supplied will be further processed for the purpose of bringing the fuel into compliance with the standard or the standard as varied.