Commonwealth Consolidated Acts

FUEL SECURITY ACT 2021 - SECT 70

Enforceable provisions

  (1)   The following provisions are enforceable under Part   7 of the Regulatory Powers Act:

  (a)   section   7 (minimum stockholding obligation);

  (b)   subsection   8(1) (additional responsibility of Australian controlling corporation);

  (c)   section   16 (entity's advice about expected designated quantity);

  (d)   section   47 (reporting during commitment period).

Note:   Part   7 of the Regulatory Powers Act creates a framework for using injunctions to enforce provisions.

Authorised person

  (2)   For the purposes of Part   7 of the Regulatory Powers Act, each of the following persons is an authorised person in relation to the provisions mentioned in subsection   (1):

  (a)   the Secretary;

  (b)   an SES employee, or acting SES employee, in the Department with responsibilities in relation to this Act.

Note:   The expressions SES employee and acting SES employee are defined in section   2B of the Acts Interpretation Act 1901 .

Relevant court

  (3)   For the purposes of Part   7 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection   (1):

  (a)   the Federal Court of Australia;

  (b)   the Federal Circuit and Family Court of Australia (Division   2);

  (c)   a court of a State or Territory that has jurisdiction in relation to the matter.

Consent injunctions

  (4)   A relevant court may grant an injunction under Part   7 of the Regulatory Powers Act in relation to a provision mentioned in subsection   (1) by consent of all the parties to proceedings brought under that Part, whether or not the court is satisfied that section   121 of that Act applies.