Commonwealth Consolidated Acts

FUEL SECURITY ACT 2021

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   3.      Objects  
   4.      Simplified outline of this Act  
   5.      Definitions  

   PART 2--MINIMUM--STOCKHOLDING OBLIGATION

           Division 1--Introduction to this Part

   6.      Simplified outline of this Part  

           Division 2--Minimum stockholding obligation

   7.      Minimum stockholding obligation  
   8.      Additional responsibility of Australian controlling corporation  

           Division 3--Entities subject to the minimum stockholding obligation

   9.      Entities subject to the minimum stockholding obligation  
   10.     Triggering the minimum stockholding obligation  
   11.     Ceasing to be subject to minimum stockholding obligation  
   12.     Exemptions  

           Division 4--Designated quantity of MSO product

   13.     Designated quantity of MSO product  
   14.     Target number of days for stockholding  
   15.     Notice of quantity of MSO product  
   16.     Entity's advice about expected designated quantity  
   17.     Application to temporarily reduce quantity of stocks of MSO product  
   18.     Secretary's decision on temporary reduction application  

           Division 5--Holding stocks of an MSO product

   19.     When an entity holds stocks of an MSO product  
   20.     Excluded stocks  
   21.     Stocks that are stored in Australia  
   22.     Holder of stocks: entity owns stocks and no other entity is the holder  
   23.     Holder of stocks: entity entitled to take ownership of stocks and no other entity is the holder  
   24.     Holder of stocks: stocks held, reserved or quarantined for entity and no other entity is the holder  
   25.     Taking feedstocks at refinery into account  
   26.     Rules in relation to legally enforceable arrangements  

           Division 6--Suspension of minimum stockholding obligation

   27.     Suspension by Minister  
   28.     Application for suspension by Secretary  
   29.     Secretary's decision on suspension application  

           Division 7--Other duties

   30.     Notice of MSO activity in relation to MSO product  
   31.     Notice of intention to cease all MSO activities in relation to MSO product  
   32.     Secretary's decision about cessation of all MSO activities in relation to MSO product  
   33.     Compliance audits  
   34.     Other audits  
   35.     Conduct of audits  
   36.     MSO compliance plan  

           Division 8--Assumption or division of minimum stockholding obligation

   37.     Determination of assumption or division of minimum stockholding obligation  

   PART 3--FUEL--SECURITY SERVICES PAYMENT

           Division 1--Introduction to this Part

   38.     Simplified outline of this Part  

           Division 2--Fuel security services payment

   39.     Application for fuel security services payment  
   40.     Decision on application  
   41.     Commitment period  
   42.     Payability of fuel security services payment  
   43.     Amount of fuel security services payment  
   44.     Determination of margin sufficient to ensure refineries do not make a loss  
   45.     Payment of fuel security services payment  
   46.     Publication of information  

           Division 3--Reporting and notification obligations

   47.     Reporting during commitment period  
   48.     Notification of events during commitment period  
   49.     False or misleading information  

           Division 4--Repayment obligations

   50.     Repayment if committed refinery ceases refining FSSP fuel  
   51.     Rules in relation to repayment obligation  
   52.     Secretary may extend period of cessation  
   53.     Secretary must notify person of amount repayable under section 50  
   54.     Repayment in other circumstances  
   55.     Secretary must notify person of amount repayable under section 54  

           Division 5--Other matters

   56.     Defeasibility of statutory rights  
   57.     Uniformity  
   58.     Appropriation  

   PART 4--COMPLIANCE--AND ENFORCEMENT

   59.     Simplified outline of this Part  
   60.     Monitoring powers  
   61.     Investigation powers  
   62.     Civil penalty provisions  
   63.     Requirement for person to assist with applications for civil penalty orders  
   64.     Determining pecuniary penalty for contravention of minimum stockholding obligation  
   65.     Civil penalties for contravention of minimum stockholding obligation  
   66.     Infringement notices  
   67.     Penalties in infringement notices  
   68.     Secretary may publicise certain contraventions  
   69.     Enforceable undertakings  
   70.     Injunctions  

   PART 5--OTHER--MATTERS

           Division 1--Introduction to this Part

   71.     Simplified outline of this Part  

           Division 2--Review of decisions

   72.     Reviewable decisions  
   73.     Notice of reasons and review rights  
   74.     Applications for reconsideration of decisions made by delegates  
   75.     Reconsideration by responsible person  
   76.     Deadline for reconsideration  
   77.     Review by the Administrative Review Tribunal  

           Division 3--Other matters

   78.     Further information about applications, notices and advice  
   79.     Treatment of trusts  
   80.     Appointment of authorised persons  
   81.     Approved forms  
   82.     Delegation by Minister  
   83.     Delegation by Secretary  
   84.     Rules