Document ID: chunk:federal_register_of_legislation:C2024C00627:section:12
Version: federal_register_of_legislation:C2024C00627
Segment Type: section
Provision Reference: s 12
Character Range: 15675–17201

12  Offence—supplying fuel that does not comply with fuel standards
 (1) A person commits an offence if:
 (a) the person supplies fuel in Australia that is the subject of a fuel standard; and
 (aa) 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
 (b) 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
 (c) 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.
Penalty: 500 penalty units.
 (2) However, the person does not commit the offence 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.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.
 (3) Subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.