Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person contravenes this subsection if:
(a) the person alters in any way fuel in Australia that is the subject of a fuel standard; and
(b) the person is a constitutional corporation or a Commonwealth entity or the person alters the fuel in the course of, or for any purpose that is incidental to, constitutional trade or commerce; and
(c) the person alters the fuel with the intention of using it in Australia; and
(d) in the case where the fuel standard specifies the circumstances in which the standard applies--the person alters the fuel with the intention of using it in Australia in those circumstances; and
(e) if the fuel standard applies only in specified circumstances--the fuel is intended to be used in those circumstances; and
(f) the fuel as altered does not comply with the base standard (whether or not the fuel complied with that standard before the alteration); and
(g) another person (the supplier ) supplied the fuel to the person in Australia, and either:
(i) if the supplier held an approval varying the standard in respect of the supply--the fuel as altered does not comply with the standard as varied (whether or not the fuel complied with that standard as varied before the alteration); or
(ii) if another person held an approval varying the standard in respect of the supply by the supplier--the fuel as altered does not comply with the standard as varied (whether or not the fuel complied with that standard as varied before the alteration).
Note: See section 5 for the applicable standard in respect of that supply.
Civil penalty:
(a) for an individual--500 penalty units; and
(b) for a body corporate--2,500 penalty units.
(2) For the purposes of subsection (1), base standard means the standard determined under section 21, disregarding the application of subsection 21(2).