Document ID: chunk:federal_register_of_legislation:C2024C00640:section:14:p1
Version: federal_register_of_legislation:C2024C00640
Segment Type: section
Provision Reference: s 14 (pt 1/2)
Character Range: 34248–37155

14  Minister may direct relevant fuel industry corporations and relevant persons to maintain statistical information
 (1) The Minister may direct:
 (a) each relevant fuel industry corporation included in a specified class of relevant fuel industry corporations; and
 (b) each relevant person included in a specified class of relevant persons;
to maintain, in a specified form and after a specified day, specified statistical information relating to liquid fuels that come into the possession or under the control of that corporation or person after that day.
 (2) A direction given under subsection (1) is a legislative instrument.
Note 1: Section 42 (disallowance) of the Legislation Act 2003 does not apply to the direction: see regulations made for the purposes of paragraph 44(2)(b) of that Act.
Note 2: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the direction: see regulations made for the purposes of paragraph 54(2)(b) of that Act.

Guidelines
 (3) A direction under subsection (1) must be in accordance with any guidelines made under this section that are in force at the time the direction is given.
 (4) The Minister must, by legislative instrument, make guidelines for the purposes of this section.

Retrospective application of instruments
 (5) Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to the following instruments:
 (a) a direction given under subsection (1);
 (b) guidelines made under subsection (4).

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

Criminal offences
 (8) A relevant fuel industry corporation commits an offence if:
 (a) a direction is in force under subsection (1) in relation to the corporation; and
 (b) the corporation maintains statistical information; and
 (c) the corporation does so knowing that the information is false or misleading in a material particular; and
 (d) the information is maintained in compliance or purported compliance with the direction.
Penalty: 500 penalty units.
Note: Section 14B sets out some procedural matters relating to the prosecution of this offence.
 (9) A relevant person commits an offence if:
 (a) a direction is in force under subsection (1) in relation to the person; and
 (b) the person maintains statistical information; and
 (c) the person does so knowing that the information is false or misleading in a material particular; and
 (d)