Commonwealth Consolidated Acts

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LIQUID FUEL EMERGENCY ACT 1984 - SECT 20

Minister may give directions as to output from refineries

  (1)   During a period of national liquid fuel emergency, the Minister may, by writing, direct a relevant fuel industry corporation that is engaged in producing or refining liquid fuel to produce in Australia, during a specified period, a specified quantity of liquid fuel of a specified kind.

Purpose of direction

  (2)   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

  (3)   A direction under subsection   (1) is not a legislative instrument.

Guidelines

  (4)   A direction under subsection   (1) must be in accordance with any guidelines made under this section that are in force at the time the direction is given.

  (5)   The Minister must, by legislative instrument, make guidelines for the purposes of this section.

  (6)   Subsection   12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to guidelines made under subsection   (5).

Civil penalty

  (7)   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

  (8)   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.



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