Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Minister may, by legislative instrument, designate an area specified in the instrument as a fuel control area .
(2) The Minister may only designate an area under subsection (1) if he or she is satisfied that:
(a) designating the area is reasonably likely to help reduce potential harm to the health of people, including Aboriginal persons and Torres Strait Islanders, living in that area or in a low aromatic fuel area from sniffing fuel; and
(b) the Minister is satisfied that there are adequate facilities or arrangements for the supply of low aromatic fuel to and within the area being designated; and
(c) the Minister considers that the appropriate States and Territories have not enacted legislation consistent with this Act to reduce the harm of petrol sniffing, and it is unlikely that they will enact such legislation within a reasonable period.
(3) In designating an area under subsection (1), the Minister must have regard to:
(a) the wellbeing of people, including Aboriginal persons and Torres Strait Islanders, living in the area and any relevant low aromatic fuel area; and
(b) whether there is reason to believe that the health of people, including Aboriginal persons and Torres Strait Islanders, living in the area or any relevant low aromatic fuel area has been harmed by sniffing fuel; and
(c) whether people, including Aboriginal persons and Torres Strait Islanders, living in the area or any relevant low aromatic fuel area have expressed their concerns about sniffing fuel; and
(d) whether people, including Aboriginal persons and Torres Strait Islanders, living in the area or any relevant low aromatic fuel area have expressed the view that their wellbeing will be improved if the area is designated as a fuel control area; and
(e) any submissions of the kind referred to in paragraph 16(2)(b); and
(f) the availability of fuel (including low aromatic fuel) in relation to the area; and
(g) any other matter that the Minister considers relevant.