Document ID: chunk:federal_register_of_legislation:C2007A00086:clause:1_14a:p1
Version: federal_register_of_legislation:C2007A00086
Segment Type: clause
Provision Reference: sch 1 cl 14A (pt 1/2)
Character Range: 23971–26869

14A  Minister may direct relevant fuel industry corporations and relevant persons to make available statistical information

 (1) The Minister may, by writing, direct a relevant fuel industry corporation or a relevant person to make available:
 (a) to the Minister and each Energy Minister (if any) specified in the direction; and
 (b) by the day specified in the direction;
such of the statistical information that the corporation or person is required to maintain under section 14 as is specified in the direction.

Direction not a legislative instrument

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

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.

 (5) Despite subsection 12(2) of the Legislative Instruments Act 2003, guidelines made under subsection (4) may be expressed to take effect before the day they are registered under that Act.

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 makes available 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 made available 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 makes available statistical information; and
 (c) the person does so knowing that the information is false or misleading in a material particular; and
 (d) the information is made available in compliance or purported compliance with the direction.

Penalty: 100 penalty units, or imprisonment for 2 years, or both.

Note: Section 14B sets out some procedural matters relating to the prosecution of this offence.

Notice of decision

 (10) The Minister must give notice of a direction under subsection (1) to the relevant fuel industry corporation or