Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act, unless the contrary intention appears:
"approval" means an approval under section 13.
"Australia" , when used in a geographical sense, includes the external Territories (other than Norfolk Island).
"business premises" means premises that:
(a) are used for, or in connection with, the supply of fuel or a fuel additive; and
(b) are open to the public on a regular basis.
"civil penalty provision" means a subsection, or a section that is not divided into subsections, that has set out at its foot the words "civil penalty" and one or more amounts in penalty units.
"Commonwealth entity" means any of the following:
(a) the Commonwealth;
(b) a body corporate established for a public purpose by or under an Act;
(c) a company in which a controlling interest is held by any one of the following persons, or by 2 or more of the following persons together:
(i) the Commonwealth;
(ii) a body covered by paragraph (b).
"constitutional corporation" means a corporation to which paragraph 51(xx) of the Constitution applies.
"constitutional trade or commerce" means trade or commerce:
(a) among the States; or
(b) between a State and a Territory; or
(c) between 2 Territories.
"court" means any court.
"Court" means:
(a) the Federal Court of Australia; or
(b) the Supreme Court of a State or Territory.
"emergency approval" means an approval referred to in subsection 13(2).
"emergency law" means:
(a) the Liquid Fuel Emergency Act 1984 ; or
(b) a law specified in an instrument made under subsection (2).
"enforcement warrant" means:
(a) a warrant issued under section 60; or
(b) a warrant signed by a magistrate under section 61.
"evidential material" means:
(a) in relation to an offence against this Act:
(i) a thing with respect to which the offence has been committed or is suspected, on reasonable grounds, of having been committed; or
(ii) a thing that there are reasonable grounds for suspecting will afford evidence as to the commission of the offence; or
(iii) a thing that there are reasonable grounds for suspecting is intended to be used for the purpose of committing the offence; and
(b) in relation to a contravention of a civil penalty provision:
(i) a thing with respect to which the civil penalty provision has been contravened or is suspected, on reasonable grounds, of having been contravened; or
(ii) a thing that there are reasonable grounds for suspecting will afford evidence as to the contravention of the civil penalty provision; or
(iii) a thing that there are reasonable grounds for suspecting is intended to be used for the purpose of contravening the civil penalty provision.
"fuel" has the meaning given by the regulations.
"fuel additive" has the meaning given by the regulations.
"fuel quality information standard" means a standard under section 22A.
"fuel standard" means a standard under section 21.
Note: See also section 5.
"Fuel Standards Consultative Committee" means the committee established by section 24.
"infringement notice" means an infringement notice given under section 65L.
"inspector" means a person appointed as an inspector under section 38.
"monitoring warrant" means a warrant issued under section 59.
"offence against this Act" includes an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act.
Note: See also section 11.6 of the Criminal Code .
"premises" means:
(a) an area of land or any other place (whether or not it is enclosed or built on); or
(b) a building or other structure; or
(c) a vehicle, vessel or aircraft; or
(d) a part of any such premises.
"Register" means the Register of Prohibited Fuel Additives kept under section 32.
"regulated person" has the meaning given by subsection 13(1).
"Secretary" means the Secretary of the Department.
"supply" means supply (including re - supply) by way of sale, exchange or gift.
"thing" includes a substance, and a thing in electronic or magnetic form.
"warrant" means a monitoring warrant or an enforcement warrant.
(2) The Minister may, by legislative instrument, specify a law of the Commonwealth, a State or a Territory for the purposes of the definition of emergency law in subsection (1).