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LIQUID FUEL EMERGENCY AMENDMENT ACT 2017 (NO. 103, 2017) - SCHEDULE 1

   

Liquid Fuel Emergency Act 1984

1  At the end of the title

Add " , and for related purposes ".

2  Subsection 3(1) (definition of Agreement )

Repeal the definition, substitute:

"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).

3  Subsection 3(1)

Insert:

"emergency reserve commitment " has the meaning given by Article 2 of the Agreement.

"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.

4  After Part IV

Insert:

Part IVA -- Power to reserve or purchase oil stocks

   

40A   Reservation or purchase of oil stocks

             (1)  For the purpose of giving effect to the Agreement, the Secretary may, on behalf of the Commonwealth, enter into a contract (including a ticketing contract) with an Australian or foreign entity for:

                     (a)  the reservation for the Commonwealth of oil stocks owned by the Australian or foreign entity; or

                     (b)  the purchase of oil stocks by the Commonwealth from the Australian or foreign entity.

             (2)  Subsection (1) does not impliedly limit the executive power of the Commonwealth to enter into agreements.

5  Section 46A (heading)

Repeal the heading, substitute:

46A   Exemption from suit--Ministers, Secretary and delegates

6  After paragraph 46A(b)

Insert:

                     (c)  the Secretary;

                     (d)  a person to whom the Secretary's power under subsection 40A(1) (about entering into contracts for the reservation or purchase of oil stocks) is delegated under subsection 49(6);

7  At the end of section 49

Add:

Delegation by the Secretary

             (6)  The Secretary may, by writing, delegate the Secretary's power under subsection 40A(1) (about entering into contracts for the reservation or purchase of oil stocks) to an SES employee, or an acting SES employee, in the Department.

             (7)  In exercising powers under a delegation under subsection (6), the delegate must comply with any directions of the Secretary.

Note:          The expression s SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901 .




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