Document ID: chunk:federal_register_of_legislation:F2019L00435:reg:11:p1
Version: federal_register_of_legislation:F2019L00435
Segment Type: reg
Provision Reference: reg 11 (pt 1/2)
Character Range: 10301–13030

11  Guidelines for identification of essential users of refined liquid petroleum products
 (1) A person or organisation must not be identified as an essential user of a refined liquid petroleum product in an instrument under subsection 11(1) of the Act other than as provided for in this section.

Threshold for identifying a person or organisation as an essential user
 (2) The Minister may identify a person or organisation as an essential user of a particular refined petroleum product in an instrument under subsection 11(1) of the Act if:
 (a) goods or services provided by the person or organisation in undertaking an activity mentioned in subsection 11(1) of the Act are essential for the preservation of the health, safety or welfare of the community; and
 (b) the person or organisation would not be able to undertake that activity without a continuing supply of that refined liquid petroleum product.
 (3) For the purposes of paragraph (2)(a), goods or services are taken to be essential for the preservation of the health, safety or welfare of the community if a failure to provide them would be likely to impair substantially the health, safety or welfare of members of the community.
 (4) Subsection (3) does not limit the meaning of the expression essential for the preservation of the health, safety or welfare of the community for the purposes of paragraph (2)(a).

Matters that must be taken into account in deciding whether to identify a person or organisation as an essential user
 (5) The Minister must take the following matters into account in deciding whether to identify a person or organisation as an essential user in an instrument under subsection 11(1) of the Act:
 (a) the expected severity, type, impact and duration of liquid fuel supply disruption during a period of national liquid fuel emergency or a period of national liquid fuel emergency that may be declared under section 16 of the Act;
 (b) the established need of each category of person or organisation for the refined liquid petroleum product and the availability of that product to meet those needs;
 (c) the likelihood that the person or organisation can be identified by relevant fuel industry corporations and relevant persons as an essential user.

Minister must make decision as to who is an essential user as soon as practicable after national liquid fuel emergency is declared
 (6) If:
 (a) a period of national liquid fuel emergency is declared under section 16 of the Act; and
 (b) the Minister is aware that a person or organisation meets the criteria in this section to be identified as an essential user;
the Minister should, as soon as practicable after the declaration, make a decision to identify, or refuse to identify,