Commonwealth Numbered Acts

Liquid Fuel Emergency Act 1984 No. 5 of 1984 - SECT 12

PART II-CONTINGENCY PLANNING POWERS

12. (1) At any time (whether or not during a period of national liquid fuel
emergency), the Minister may, by instrument in writing-

   (a)  specify guidelines for determining, in relation to a liquid fuel of a
        particular kind-

        (i)    the quantity of reserve supplies of liquid fuel of that kind-

                (A)  that should be maintained in Australia by
                     relevant fuel industry corporations at all times prior to
                     the making of a declaration by the Governor-General that
                     a national liquid fuel emergency will exist; or

                (B)  that should be accumulated in Australia by
                     relevant fuel industry corporations prior to the making
                     of such a declaration and thereafter be maintained in
                     Australia by those corporations at all times prior to the
                     making of such a declaration;

        (ii)   the places in Australia at which relevant fuel industry
               corporations that are required to maintain, or to accumulate
               and maintain, as the case requires, particular quantities of
               reserve supplies of liquid fuel of that kind, prior to the
               making by the Governor-General of a declaration that a national
               liquid fuel emergency will exist, should be required to keep
               the whole or any part of those reserve supplies; and

        (iii)  the period within which relevant fuel industry corporations
               that are required to accumulate, prior to the making of a
               declaration by the Governor-General that a national liquid fuel
               emergency will exist, at particular places, particular
               quantities of reserve supplies of liquid fuel of that kind
               should be required so to accumulate those quantities of reserve
               supplies;

   (b)  vary guidelines specified by him under this sub-section (including
        guidelines varied by virtue of a previous application or previous
        applications of this sub-section); and

   (c)  revoke guidelines specified by him under this sub-section (including
        guidelines varied by virtue of a previous application or previous
        applications of this sub-section).

(2) The Minister may, at any time other than at a time during a period of
national liquid fuel emergency, by instrument in writing served upon a
relevant fuel industry corporation, direct that corporation-

   (a)  to maintain at all times after a date specified in the instrument, at
        such places in Australia as are specified in the instrument, such
        quantities as are specified in the instrument of reserve supplies of
        liquid fuel of a kind that is specified in the instrument; or

   (b)  to accumulate, by a date specified in the instrument, such quantities
        as are specified in the instrument of reserve supplies of liquid fuel
        of a kind specified in the instrument and at all times thereafter to
        maintain such quantities of reserve supplies of liquid fuel of that
        kind at such places in Australia as are specified in the instrument.

(3) The Minister shall not give a direction to a relevant fuel industry
corporation under sub-section (2) unless that direction is in accordance with
guidelines that have been specified under sub-section (1) and that are in
force at the time when the direction was given.

(4) The Minister shall not give a direction under sub-section (2) except for
the purpose of ensuring that, if the Governor-General declares that a national
liquid fuel emergency of a particular kind will exist, a relevant fuel
industry corporation will be in a position to comply with any direction that
could be given in relation to a national liquid fuel emergency of that kind
under section 17, 18, 19, 20, 21 or 23.

(5) A relevant fuel industry corporation shall not refuse or fail, without
reasonable excuse, to comply with a direction given to it under sub-section
(2).

(6) The Minister may, in order to meet temporary circumstances, by instrument
in writing, authorize a relevant fuel industry corporation (being a
corporation that is required by an instrument under sub-section (2) to
maintain at a particular place a particular quantity of reserve supplies of
liquid fuel of a particular kind) to maintain at that place during a period
specified in the authority, such lesser quantity of reserve supplies of liquid
fuel of that kind as is specified in the authority.

(7) The maintenance by a relevant fuel industry corporation of a quantity of
reserve supplies of liquid fuel of a particular kind at a particular place at
a particular time in accordance with an authority given to the corporation
under sub-section (6) shall be deemed to constitute compliance by the
corporation with a direction given to it under sub-section (2) in relation to
the maintenance by the corporation of reserve supplies of liquid fuel of that
kind at that place at that time.