Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act, unless the contrary intention appears:
"Agreement" means the Agreement on an International Energy Program done at Paris on 18 November 1974, as in force from time to time.
Note: The Agreement is in Australian Treaty Series 1979 No. 7 ([1979] ATS 7) and could in 2017 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
"aircraft" means any machine or craft that can derive support in the atmosphere from the reactions of the air or from buoyancy but does not include an air - cushion vehicle.
"Australia" , when used in a geographical sense, includes the external Territories.
"authority of the Commonwealth" means:
(a) a body corporate established for a purpose of the Commonwealth by or under a law of the Commonwealth or a law of a Territory; or
(b) an incorporated company in which the Commonwealth, or a body corporate referred to in paragraph (a), has a controlling interest.
"civil penalty provision" means subsection 12(9), 13(9), 14(6) or (7), 14A(6) or (7), 17(8), 18(6), 19(5), 20(7), 21(9), 22(9), 23(9) or 24(9).
"corporation" means a body corporate that:
(a) is a foreign corporation;
(b) is a trading corporation; or
(c) is incorporated in an internal Territory.
"Court" means the Federal Court of Australia.
"emergency reserve commitment" has the meaning given by Article 2 of the Agreement.
"Energy Minister" means:
(a) in relation to a State--the Minister of the State who, under a law of that State, is responsible, or principally responsible, for the administration of emergency measures relating to any liquid fuel shortage that might affect that State; and
(aa) in relation to the Australian Capital Territory--the person appointed as a Minister under section 41 of the Australian Capital Territory (Self - Government) Act 1988 who, under a law of that Territory, is responsible, or principally responsible, for the administration of emergency measures relating to any liquid fuel shortage that might affect that Territory; and
(b) in relation to the Northern Territory--the person holding Ministerial office under section 36 of the Northern Territory (Self - Government) Act 1978 who, under a law of that Territory, is responsible, or principally responsible, for the administration of emergency measures relating to any liquid fuel shortage that might affect that Territory; and
(c) in relation to the Jervis Bay Territory and an external Territory (other than an external Territory referred to in paragraph (d))--the Minister administering the Jervis Bay Territory Acceptance Act 1915 ; and
(d) in relation to the Australian Antarctic Territory and the Territory of Heard Island and McDonald Islands--the Minister administering the Australian Antarctic Territory Acceptance Act 1933 .
"enter" , in relation to a ship or an aircraft, includes board.
"examine" includes account, measure, weigh, grade or gauge.
"foreign corporation" means a foreign corporation to which paragraph 51(xx) of the Constitution is applicable, and includes a body corporate that is incorporated in an external Territory.
"liquid fuel" means liquid petroleum, a liquid petroleum product, a liquid petrochemical, methanol or ethanol.
"liquid petrochemical" means a substance that is a petrochemical and is in a liquid state at standard temperature and pressure.
"liquid petroleum" means a substance that is petroleum and is in a liquid state at:
(a) standard temperature and pressure; or
(b) a temperature and pressure prescribed for the purposes of this definition.
"liquid petroleum product" means any substance that is a petroleum product and is in a liquid state at:
(a) standard temperature and pressure; or
(b) a temperature and pressure prescribed for the purposes of this definition.
"offence against this Act" means:
(a) an offence against subsection 14(8) or (9), 14A(8) or (9), 29(5), 30(2) or 33(2); or
(b) an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act; or
(c) an offence against:
(i) section 6 of the Crimes Act 1914 ; or
(ii) section 11.1, 11.4 or 11.5 of the Criminal Code ;
that relates to an offence referred to in paragraph (a) or (b) of this definition.
"officer of a State" , in relation to a State, means:
(a) an officer or employee of the State;
(b) a member of the police force of the State; or
(c) a person who constitutes, is a member of, or is employed by, an authority established by or under a law of the State.
"officer of the Australian Capital Territory" means:
(a) an officer or employee of the Australian Capital Territory; or
(b) a member or special member of the Australian Federal Police providing police services in relation to the Australian Capital Territory; or
(c) a person who constitutes, is a member of, or is employed by, an authority established by or under a law of the Australian Capital Territory.
"officer of the Northern Territory" means:
(a) an officer or employee of the Northern Territory;
(b) a member of the police force of the Northern Territory; or
(c) a person who constitutes, is a member of, or is employed by, an authority established by or under a law of the Northern Territory.
"oil stocks" means oil stocks under Article 1 of the Annex to the Agreement which can be credited toward Australia's emergency reserve commitment in accordance with the Agreement.
"period of national liquid fuel emergency" means a period specified in a Proclamation made under subsection 16(1).
"petrochemical" means a substance (not being a petroleum product), whether in a gaseous, liquid or solid state, manufactured from any of, or from a mixture of any of, the following substances, that is to say, a petroleum product, petroleum or a petroliferous mineral.
"petroleum" means:
(a) any naturally occurring hydrocarbon or mixture of hydrocarbons, whether in a gaseous, liquid or solid state; or
(b) any naturally occurring mixture of a hydrocarbon or hydrocarbons and of another substance or other substances, whether in a gaseous, liquid or solid state.
"petroleum product" means:
(a) any hydrocarbon or mixture of hydrocarbons produced by subjecting petroleum to a process of refining or produced from petroliferous minerals; or
(b) any mixture of a hydrocarbon or hydrocarbons so produced with another substance or other substances.
"planning period" , in relation to a period of national liquid fuel emergency, means a period determined under subsection 9(1).
"price" includes a charge of any description.
"refined liquid petroleum product" means:
(a) a liquid petroleum product, being:
(i) aviation gasoline;
(ii) motor spirit;
(iii) aviation turbine fuel;
(iv) lighting kerosine;
(v) heating oil;
(vi) power kerosine;
(vii) automotive distillate;
(viii) industrial diesel fuel;
(ix) liquid petroleum gas;
(x) fuel oil;
(xi) bitumen;
(xii) naphtha;
(xiii) lubricating oil; or
(xiv) lubricating grease;
(b) a liquid petroleum product (other than a liquid petroleum product referred to in paragraph (a)) that is declared by the regulations to be a refined liquid petroleum product for the purposes of this Act;
(c) methanol; or
(d) ethanol.
"relevant fuel industry corporation" means a corporation that:
(a) is engaged in the importation into Australia, or in the exportation from Australia, of liquid fuel;
(b) is engaged in the recovery of petroleum;
(c) is engaged in the refining or production of liquid fuel; or
(d) is engaged in the sale, in Australia, of liquid fuel, either in bulk or otherwise;
whether or not that activity constitutes the sole or principal activity in which the corporation is engaged.
"relevant liquid fuel" , in relation to a period of national liquid fuel emergency, means a liquid fuel the shortage or likely shortage of which resulted in the declaration of that national liquid fuel emergency.
"relevant person" means a person, other than a corporation, who:
(a) is engaged in the importation into Australia, or the exportation from Australia, of liquid fuel; or
(b) is engaged in the sale in Australia of liquid fuel, either in bulk or otherwise;
whether or not that activity constitutes the sole or principal activity in which the person is engaged.
"ship" means a vessel or boat of any description and includes:
(a) any floating structure; and
(b) any air - cushion vehicle.
"trading corporation" means a trading corporation to which paragraph 51(xx) of the Constitution is applicable.
(2) In this Act, a reference to standard temperature and pressure is a reference to a temperature of 15 degrees Celsius and a pressure of 101.325 kilopascals.
(3) In this Act, a reference to trading or commercial activities is a reference to trading activities or commercial activities carried on within Australia or carried on between Australia and places outside Australia.
(4) The express references in this Act to corporations and bodies corporate shall not be taken to imply that references to persons do not also include references to persons who are not natural persons.
(5) For the purposes of this Act, in interpreting whether a purchase of a particular kind of refined liquid petroleum product is a purchase in bulk, regard shall be had to all relevant matters, including, but without limiting the generality of the foregoing, such matters (if any) as are prescribed in relation to refined liquid petroleum products of that kind.