Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) During a period of national liquid fuel emergency, the Minister may, by writing, direct a relevant fuel industry corporation to cause a specified quantity of liquid fuel of a specified kind that is held by the corporation at a specified place (the old place ) in Australia to be transferred by a specified day to another specified place (the new place ) in Australia.
(2) The new place:
(a) must be a place at which the corporation has adequate facilities to hold the quantity of liquid fuel to be transferred; and
(b) if the old place is situated in a State, the Australian Capital Territory or the Northern Territory and the transfer is for purposes that do not include any or all of the purposes mentioned in subsection (3)--must not be situated in the same State or Territory as the old place.
(3) The purposes are as follows:
(a) purposes related to the defence of Australia;
(b) purposes related to the provision of fuel for ships and aircraft engaged in trade and commerce:
(i) between Australia and places outside Australia; or
(ii) among the States; or
(iii) between a State and a Territory or between Territories;
(c) purposes related to the export of liquid fuel from Australia;
(d) purposes related to the carrying on of an activity to which paragraph 11(1)(d) applies.
Purpose of direction
(4) The Minister must not give a direction under subsection (1) unless it is for the purpose of dealing with a shortage or likely shortage of relevant liquid fuel.
Direction not a legislative instrument
(5) A direction under subsection (1) is not a legislative instrument.
Civil penalty
(6) A relevant fuel industry corporation must not, without reasonable excuse, contravene a direction in force under subsection (1).
Note: Under section 34, the Court may order a relevant fuel industry corporation that contravenes such a direction to pay a pecuniary penalty.
Notice of decision
(7) The Minister must give notice of a direction under subsection (1) to the relevant fuel industry corporation. The direction comes into force when the notice is given.