Document ID: chunk:federal_register_of_legislation:C2007A00086:clause:1_19
Version: federal_register_of_legislation:C2007A00086
Segment Type: clause
Provision Reference: sch 1 cl 19
Character Range: 34475–36154

19  Minister may direct liquid fuel to be available for purchase

 (1) During a period of national liquid fuel emergency, the Minister may, by writing, direct a relevant fuel industry corporation, in the course of its trading or commercial activities, to take such measures as are necessary to make a specified quantity of liquid fuel of a specified kind available for purchase on or before a specified day at a specified place by one or more specified persons.

Purpose of direction

 (2) The Minister must not give a direction under subsection (1) unless it is for the purpose of dealing with a shortage or likely shortage of relevant liquid fuel.

Direction may deal with price

 (3) A direction given under subsection (1) to a relevant fuel industry corporation may provide that the price at which the liquid fuel is to be made available to a person in accordance with that direction is to be:
 (a) such price as is agreed upon by the corporation and that person; or
 (b) in the absence of such agreement—such price as is determined by a specified person by arbitration.

Direction not a legislative instrument

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

Civil penalty

 (5) 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.

Notice of decision

 (6) The Minister must give notice of a direction under subsection (1) to the relevant fuel industry corporation. The direction comes into force when the notice is given.