Australian Capital Territory Repealed Acts

This legislation has been repealed.

AIR POLLUTION ACT 1984 (REPEALED) - SECT 42

        (a)     obstruct or hinder the Authority or an inspector in the exercise of his or her powers under this Act; or

        (b)     fail to comply with a reasonable requirement of an inspector who has entered upon or in any premises in pursuance of this Act.

Penalty:

        (a)     for a breach of paragraph (a)—

              (i)     if the offender is a natural person—50 penalty units or imprisonment for 6 months, or both; or

              (ii)     if the offender is a body corporate—250 penalty units; or

        (b)     for a breach of paragraph (b)—

              (i)     if the offender is a natural person—50 penalty units; or

              (ii)     if the offender is a body corporate—50 penalty units.

Determination of higher sulphur content of unleaded petrol

42A. (1) Where the Authority is satisfied that, by reason of the high sulphur levels present in petrol available in the Territory, there are insufficient supplies of unleaded petrol available in the Territory, the Authority may, by notice published in the Gazette , determine the percentage of sulphur for the purposes of paragraph (c) of the definition of “unleaded petrol” in section 4.

(2) A determination under subsection (1) remains in force for such period, not exceeding 30 days, as is specified in the notice.

(3) A determination may be expressed to come into force immediately upon the expiration of a previous determination.

Sale of leaded petrol as unleaded petrol

42B. (1) A person shall not, in the course of the distribution or wholesaling of petrol—

        (a)     sell or distribute for sale as unleaded petrol;

        (b)     offer or exhibit for sale as unleaded petrol; or

        (c)     have in his or her possession for sale as, or for distribution for sale as, unleaded petrol;

petrol that, at the time it is sold, distributed, offered, exhibited or had in possession, as the case may be, is leaded petrol.

Penalty—

        (a)     in the case of a body corporate—$50,000; or

        (b)     in the case of a natural person—$10,000.

(2) A person shall not, otherwise than in the course of the distribution or wholesaling of petrol—

        (a)     sell or distribute for sale as unleaded petrol;

        (b)     offer or exhibit for sale as unleaded petrol; or

        (c)     have in his or her possession for sale as, or for distribution for sale as, unleaded petrol;

petrol that, at the time it is sold, distributed, offered, exhibited or had in possession, as the case may be, is leaded petrol.

Penalty—

        (a)     in the case of a body corporate—$25,000; or

        (b)     in the case of a natural person—$5,000.

(3) A person (in this subsection referred to as “the defendant”) is not guilty of an offence against this section if the defendant adduces evidence that—

        (a)     the petrol to which the charge relates was supplied to the defendant by another named person as unleaded petrol;

        (b)     the defendant reasonably believed that the petrol to which the charge relates was unleaded petrol; and

        (c)     the petrol to which the charge relates had not ceased to be unleaded petrol by reason of having been contaminated while in the defendant's possession;

and that evidence is not rebutted by the prosecution.

(4) Subject to section 42F, an offence against this section is punishable on indictment.

Prohibition of sale of leaded petrol unless low lead

42BA. (1) The Minister may, by notice published in the Gazette , declare that subsections (4) and (5) do not apply and, while the notice is in effect, those subsections do not apply.

(2) A notice under subsection (1)—

        (a)     comes into effect on such date as is specified in the notice, being a date not earlier than the date when the notice is published in the Gazette ; and

        (b)     unless sooner revoked, remains in effect for such period, not exceeding 1 month, as is specified in the notice.

(3) A notice may be expressed to come into effect immediately upon the expiration of a previous notice.

(4) Unless exempted by the Authority, a person shall not, in the course of the distribution or wholesaling of petrol—

        (a)     sell or distribute for sale leaded petrol;

        (b)     offer or exhibit for sale leaded petrol; or

        (c)     have in his or her possession for sale, or for distribution for sale, leaded petrol;

if the petrol contains more than the maximum lead concentration per litre.

Penalty:

        (a)     if the offender is a natural person—$10,000;

    (b)     if the offender is a body corporate—$50,000.

(5) Unless exempted by the Authority, a person shall not, otherwise than in the course of the distribution or wholesaling of petrol—

        (a)     sell or distribute for sale leaded petrol;

        (b)     offer or exhibit for sale leaded petrol; or

        (c)     have in his or her possession for sale, or for distribution for sale, leaded petrol;

if the petrol contains more than the maximum lead concentration per litre.

Penalty:

        (a)     if the offender is a natural person—$5,000;

    (b)     if the offender is a body corporate—$25,000.

(6) A person who purchases leaded petrol for resale may demand from the vendor a written warranty that the petrol contains no more than the maximum lead concentration per litre.

(7) A vendor of petrol who refuses to furnish a warranty demanded under subsection (6) is guilty of an offence.

Penalty: $1,000.

(8) It is a defence to a prosecution for an offence against this section that the petrol to which the charge relates—

        (a)     was supplied to the defendant with a warranty under subsection (6); and

        (b)     was sold in the state in which it had been purchased.

Exemption

42BB. (1) Where the Authority is satisfied—

        (a)     that the supply of leaded petrol is, or is likely to be, inadequate for the needs of the Territory; or

        (b)     that a supplier or distributor of petrol is unable, for reasons beyond his or her control, to supply or distribute leaded petrol to the persons in the Territory to whom he or she usually supplies or distributes it;

the Authority may, by notice published in the Gazette and in a daily newspaper printed and published in the Territory, exempt a person or a class of persons from the provisions of subsection 42BA (4) or (5).

(2) An exemption—

        (a)     comes into operation on such date as is specified in the notice, being a date not earlier than the date when the notice is published in the Gazette ; and

        (b)     unless sooner revoked, remains in effect for such period, not exceeding 1 month, as is specified in the notice.

(3) An exemption may be expressed to come into effect immediately upon the expiration of a previous exemption.

Petrol pumps to be constructed and marked as prescribed