South Australia
Petroleum Products Regulation Act 1995
An Act to regulate the sale of petroleum products; and for other purposes.

Contents
Part 1—Preliminary
1	Short title
4	Interpretation
4A	Retail quantity
4B	Bulk end user
4D	Notional sale and purchase
5	Division of State into zones
6	Application of Act
7	Non-derogation
Part 2—Licences
8	Requirement for licence
9	Issue or renewal of licence
10	Licence term etc
11	Conditions of licence
12	Variation of licence
13	Form of application and licence fee
17	Offence relating to licence conditions
18	Cancellation or suspension of licence
Part 2A—Subsidies
20	Entitlement to subsidy
21	Claim for subsidy
22	Payment of subsidy
23	Amounts recoverable by Commissioner
23A	Bulk end user certificate
23D	Variation of certificate
23E	Expiry of certificate etc
23F	Form of application for issue, renewal or variation of certificate
23G	Form of certificate
23H	Offence relating to certificate conditions
23I	Cancellation of certificate etc
Part 5—Periods of restriction and rationing
Division 1—Interpretation
32	Interpretation
Division 2—Declaration of periods of restriction and rationing
33	Declaration of periods of restriction and rationing
Division 3—Controls during periods of restriction
34	Controls during periods of restriction
Division 4—Controls during rationing periods
35	Controls during rationing periods
36	Permits
Division 5—Limit on proceedings against Minister
37	Limit on proceedings against Minister
Division 6—Conservation of petroleum products
38	Publication of desirable principles for conserving petroleum
39	Special consideration to be given to those living in country areas
Part 8—Authorised officers
42	Appointment of authorised officers
43	Identification of authorised officers
44	Powers of authorised officers
45	Offence to hinder etc authorised officers
46	Self-incrimination
Part 9—Appeals
47	Appeals
Part 11—Miscellaneous
49	Delegation
50	Register
51	Particulars of dealings with petroleum products
52	Records to be kept of bulk transport of petroleum products
53	Records to be kept
53A	Falsely claiming to hold licence, certificate or permit etc
54	False or misleading information
55	Statutory declarations
56	Confidentiality
57	General defence
58	Immunity from personal liability
59	Offences by bodies corporate
60	Continuing offence
61	Prosecutions
62	Evidence
63	Service
64	Regulations
Legislative history

The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Petroleum Products Regulation Act 1995.
4—Interpretation
	(1)	In this Act, unless the contrary intention appears—
authorised officer means an authorised officer under Part 8;
bulk end user certificate or certificate means a bulk end user certificate under Part 2A;
Commissioner means the person for the time being holding or acting in the position of the Commissioner of State Taxation or a position of Deputy Commissioner of State Taxation and any other person performing any of the duties or functions of the Commissioner of State Taxation or a Deputy Commissioner of State Taxation;
Commonwealth customs duty means customs duty on petroleum products payable under the Customs Tariff Act 1995 of the Commonwealth, or other legislation of the Commonwealth prescribed under this Act;
Commonwealth excise duty means excise duty on petroleum products payable under the Excise Tariff Act 1921 of the Commonwealth, or other legislation of the Commonwealth prescribed under this Act;
condition, in relation to a licence, certificate or permit, includes a limitation or restriction;
contravention includes failure to comply with a requirement;
corresponding law means a law of another State, or of a Territory, of the Commonwealth declared by regulation to be a corresponding law for the purposes of this Act;
diesel fuel means a petroleum or shale product used or capable of being used in propelling a diesel engined road vehicle, but does not include a prescribed substance;
eligible petroleum products means petroleum products on which Commonwealth customs or excise duty has been paid or is payable but does not include petroleum products prepared by mixture of a petroleum product on which such duty has been paid or is payable with a petroleum product on which such duty has not been paid nor is payable;
licence means a licence under Part 2;
licensee means the holder of a licence under Part 2;
liquefied petroleum gas means a hydrocarbon fluid composed predominantly of any of the following hydrocarbons or mixtures of all or any of them:
	(a)	propane (C3H8);
	(b)	propylene (C3H6);
	(c)	butane (C4H10);
	(d)	butylene (C4H8);
motor spirit means petrol or other petroleum or shale spirit having a closed-cup flash point of less than 23° Celsius when tested by the Abel method as set out in Part 1 of Australian Standard 2106 "Determination of the Flash Point of Flammable Liquids (Closed Cup)", but does not include—
	(a)	solvents; or
	(b)	special boiling point spirits; or
	(c)	liquefied petroleum gas; or
	(d)	any prescribed substance;
period of restriction means a period declared by proclamation under Part 5 to be a period of restriction (whether or not it is also a rationing period);
permit means a permit under Part 5;
permit holder means a person to whom a permit is issued under Part 5;
petroleum product means—
	(a)	motor spirit; or
	(b)	diesel fuel; or
	(c)	liquefied petroleum gas; or
	(d)	any other substance declared by regulation to be a petroleum product;
premises includes any place or vehicle;
rationed petroleum product means a petroleum product of a kind declared by proclamation under Part 5 to be rationed petroleum products;
rationing period means a period of restriction declared by proclamation under Part 5 to be a rationing period;
record includes any book, document or writing and any other source of information compiled, recorded or stored by computer, microfilm or other process, or in any other manner or by any other means;
retail licence means a licence under Part 2 that authorises retail sales of petroleum products;
retail sale means a sale in a retail quantity for the purposes of use or consumption, and its correlatives and derivatives have corresponding meanings;
unleaded petrol means petrol that—
	(a)	does not contain more than 0.013 grams of lead; and
	(b)	does not contain more than 0.0013 grams of phosphorus,
per litre;
vehicle includes any kind of aircraft or vessel;
vending machine means a machine constructed to dispense petroleum products on the insertion into the machine of money or a token, card, disk or other object;
wholesale means a sale other than a retail sale;
wholesale licence means a licence under Part 2 that authorises the sale of petroleum products by wholesale.
	(2)	In this Act, a reference to a Commonwealth Act includes a reference to—
	(a)	that Commonwealth Act as amended and in force for the time being; and
	(b)	an Act enacted in substitution for that Act.
4A—Retail quantity
	(1)	Subject to this section, for the purposes of this Act retail quantity in relation to petroleum products means a quantity not exceeding 3 000 litres or, if some other quantity is prescribed by regulation, that quantity.
	(2)	However, a quantity of petroleum products is not a retail quantity unless it is delivered at a fixed site by a metered pump into—
	(a)	a running tank of a vehicle; or
	(b)	a container that has a capacity of less than 250 litres.
	(3)	The regulations may prescribe different quantities for different types of petroleum products.
4B—Bulk end user
	(1)	For the purposes of this Act, a person is a bulk end user of petroleum products to the extent that petroleum products purchased by the person otherwise than in a retail quantity are used by that person.
	(2)	For the purposes of subsection (1), petroleum products are to be taken to be used by a person if—
	(a)	the products are required for an enterprise being carried on by the person and as part of the enterprise are sold in retail quantities to, or are used by, an independent contractor, joint venturer or partner of the person; and
	(b)	on delivery to the person the products do not require transportation before use by the independent contractor, joint venturer or partner; and
	(c)	the products are supplied by the person to the independent contractor, joint venturer or partner in retail quantities.
	(3)	Subject to subsection (2), for the purposes of subsection (1), the regulations may prescribe circumstances in which petroleum products are, or are not, to be taken to be used by a person.
	(4)	Subject to subsection (2) and the regulations, for the purposes of subsection (1), petroleum products are not to be taken to be used by a person if they are sold by the person.
	(5)	For the purposes of this Act, a person sells petroleum products as a bulk end user if the person sells petroleum products as referred to in subsection (2)(a) or in a regulation made under subsection (3) for the purposes of subsection (1).
4D—Notional sale and purchase
The regulations may declare that, for the purposes of a specified provision of this Act, a sale and purchase of petroleum products is to be taken to occur in specified circumstances where petroleum products are delivered or allocated for sale or consumption.
5—Division of State into zones
	(1)	Subject to subsection (2), the State is divided into zones as follows:
	(a)	zone 1 is that part of the mainland of the State that lies within a radius of 50 kilometres from the General Post Office at Adelaide; and
	(b)	zone 2 is that part of the mainland of the State (excluding Yorke Peninsula) that lies outside zone 1 but within a radius of 100 kilometres from the General Post Office at Adelaide; and
	(c)	zone 3 consists of all parts of the State outside zones 1 and 2.
	(2)	The Governor may, if satisfied that it is necessary to do so in order to achieve equity between vendors of petroleum products, make a regulation varying the boundaries of a zone to such extent as may be necessary for that purpose.
6—Application of Act
	(1)	The Minister may, by notice published in the Gazette—
	(a)	exempt a class of persons or petroleum products from the application of this Act or a specified provision of this Act unconditionally or subject to specified conditions; and
	(b)	vary or revoke a notice under this subsection.
	(2)	The Minister may, by notice in writing to a person—
	(a)	exempt the person from the application of this Act or a specified provision of this Act unconditionally or subject to specified conditions; and
	(b)	vary or revoke a notice under this subsection.
7—Non-derogation
	(1)	The provisions of this Act are in addition to and do not derogate from the provisions of any other Act.

Part 2—Licences
8—Requirement for licence
A person must not, other than as a bulk end user, sell petroleum products by retail sale or wholesale unless authorised to do so under a licence.
Maximum penalty: $10 000.
9—Issue or renewal of licence
	(1)	The Minister may, on application by a person, issue or renew, or refuse to issue or renew, a licence under this Act.
	(3)	The Minister may, if he or she thinks fit, renew a licence despite the fact that application for renewal of the licence was made after the end of the previous term of the licence.
10—Licence term etc
	(2)	Subject to this Act, a licence expires on the second anniversary of the date of its issue and may be renewed on application for successive terms of 2 years.
	(3)	A licence has effect, on issue or renewal, from the date specified in the licence for that purpose which may be earlier than the date of application for the issue or renewal of the licence.
	(4)	The holder of a licence may, at any time, by notice in writing to the Minister, surrender the licence, at which time the licence ceases to have effect.
	(5)	A licence is not transferable except by way of variation of the licence under section 12.
11—Conditions of licence
	(1)	The Minister may fix conditions of a licence.
	(2)	Without limiting subsection (1), licence conditions may include the following:
	(f)	conditions limiting the premises that may be used under the licence;
	(g)	conditions limiting sales of petroleum products that may be authorised by the licence;
	(ga)	conditions regulating the price at which eligible petroleum products may be sold pursuant to a licence, being conditions imposed for the purpose of ensuring that the licensee does not recover from the purchaser (whether directly or indirectly) that part of the sale price of a quantity of eligible petroleum products that is an amount equal to the subsidy paid or payable under this Act in respect of that quantity for that sale;
	(gb)	conditions as to the terms that any contract for the sale of eligible petroleum products entered into between a licensee who is a manufacturer or importer of petroleum products and any purchaser must contain in relation to the time of payment for that component of the sale price of the petroleum products that is referable to the Commonwealth excise or customs duty paid or payable by the manufacturer or importer, as the case may be;
	(h)	conditions requiring the keeping of records and the provision of information;
	(i)	conditions authorised or fixed by Part 5 or the regulations.
12—Variation of licence
	(1)	The Minister may, on application or at the Minister's own initiative, substitute, add, remove or vary a condition of a licence or otherwise vary a licence.
	(2)	Without limiting subsection (1)—
	(a)	the Minister may vary a licence by substituting another person as the licensee;
	(b)	the Minister may vary a licence on the Minister's own initiative if satisfied that the licensee has contravened or failed to comply with this Act or that other sufficient cause exists.
	(3)	A licence may be varied—
	(a)	by endorsement of the licence; or
	(b)	by notice in writing to the licensee; or
	(c)	by a notice published under Part 5.
13—Form of application and licence fee
	(1)	An application for the issue, renewal or variation of a licence must be made to the Minister in a manner and form approved by the Minister and contain the information required by the Minister.
	(2)	An applicant must provide any further information that the Minister reasonably requires for the purposes of determining the application.
	(3)	An application may not be granted except on payment of the appropriate fee under the regulations.
17—Offence relating to licence conditions
A licensee must not contravene or fail to comply with a condition of the licence.
Maximum penalty: $10 000.
18—Cancellation or suspension of licence
The Minister may, if satisfied that a licensee has contravened or failed to comply with this Act or that other sufficient cause exists, suspend or cancel the licence.

Part 2A—Subsidies
20—Entitlement to subsidy
	(1)	Subject to this section, the holder of a wholesale licence is entitled to a subsidy at the prescribed rate in respect of a quantity of eligible petroleum products sold by wholesale in accordance with the licence to the holder of a retail licence who purchased the petroleum products for sale pursuant to the retail licence.
	(2)	Subject to this section, a person who holds both a wholesale licence and a retail licence is entitled to a subsidy at the prescribed rate in respect of a quantity of eligible petroleum products sold pursuant to the retail licence.
	(3)	Subject to this section, the holder of a wholesale licence is entitled to a subsidy at the prescribed rate in respect of a quantity of eligible petroleum products other than diesel fuel sold in accordance with the licence to the holder of a bulk end user certificate.
	(4)	Subject to this section, the holder of a retail licence is entitled to a subsidy at the prescribed rate in respect of a quantity of eligible petroleum products purchased by the holder of the licence for retail sale pursuant to the licence if—
	(a)	the petroleum products were sold to the holder of the licence by wholesale; and
	(b)	the wholesaler has no entitlement to a subsidy under this Act in respect of the transaction.
	(6)	Only one subsidy is payable (whether under this Act or a corresponding law) in respect of one quantity of eligible petroleum products.
	(8)	The prescribed rate is—
	(a)	in respect of eligible petroleum products sold for delivery to the purchaser in zone 2—
	(i)	in the case of leaded petrol—0.66 cents per litre;
	(ii)	in the case of unleaded petrol—0.82 cents per litre;
	(b)	in respect of eligible petroleum products sold for delivery to the purchaser in zone 3—
	(i)	in the case of leaded petrol—3.17 cents per litre;
	(ii)	in the case of unleaded petrol—3.33 cents per litre;
	(iii)	in the case of diesel fuel sold for the propulsion of diesel engined road vehicles on roads—1.94 cents per litre.
	(9)	Subsection (8) may be amended by regulation for the purpose of altering the rate of subsidy under this section.
21—Claim for subsidy
	(1)	A claim for a subsidy under this Part must be made to the Commissioner in a manner and form approved by the Commissioner and contain the information required by the Commissioner.
	(2)	A claimant must provide any further information that the Commissioner requires for the purposes of determining whether the claimant is entitled to a subsidy under this Part and the amount of subsidy payable to the claimant.
22—Payment of subsidy
	(1)	If the Commissioner is satisfied that—
	(a)	a claim for a subsidy has been made in accordance with this Act; and
	(b)	the claimant is entitled to a subsidy under this Act in respect of the sale or purchase of petroleum products to which the claim relates,
the Commissioner must pay the claimant an amount calculated at the prescribed rate in respect of the claim.
	(2)	This section, without further appropriation, is sufficient authority for making payments under subsection (1).
	(3)	A subsidy may, at the request of the person entitled to it, be paid to another person on his or her behalf.
23—Amounts recoverable by Commissioner
	(1)	The Commissioner may, by notice in writing, require a person to repay, within the period specified in the notice, a subsidy paid under this Act if satisfied that—
	(a)	the subsidy was paid in consequence of an incorrect claim; or
	(b)	a subsidy in respect of the quantity of petroleum products concerned has also been paid under a corresponding law; or
	(c)	the person was not entitled to the subsidy under this Act for some other reason.
	(2)	If for any reason a subsidy under this Act is overpaid, the Commissioner may, by notice in writing, require the person who received the subsidy to repay to the Commissioner, within the period specified in the notice, the amount overpaid.
	(3)	The Commissioner may, by notice in writing, require the holder of a wholesale licence to pay to the Commissioner, within the period specified in the notice, an amount equal to the amount of a subsidy paid or payable under this Act in respect of a quantity of eligible petroleum products if the holder of the licence has sold the petroleum products in breach of a condition of the licence relating to the price at which the petroleum products may be sold.
	(4)	The Commissioner may, by notice in writing, require the holder of a retail licence to pay to the Commissioner, within the period specified in the notice, an amount equal to the amount of a subsidy paid or payable under this Act (whether to the holder of the retail licence or a wholesaler) in respect of a quantity of eligible petroleum products if the holder of the retail licence has sold the petroleum products in breach of a condition of the licence relating to the price at which the petroleum products may be sold.
	(5)	The Commissioner may, by notice in writing, require a person who holds a retail licence to pay to the Commissioner, within the period specified in the notice, an amount equal to the amount of a subsidy paid or payable under this Act (whether to the holder of the retail licence or a wholesaler) in respect of a quantity of eligible petroleum products if, in breach of a condition of the licence, the holder of the licence—
	(a)	has sold the petroleum products from premises other than premises specified in the licence; or
	(b)	has sold the petroleum products otherwise than by retail; or
	(c)	has failed to keep specified records in relation to the petroleum products.
	(6)	The Commissioner may, by notice in writing, require the holder of a bulk end user certificate to pay to the Commissioner, within the period specified in the notice, an amount equal to the amount of a subsidy paid or payable under this Act to a licensee in respect of a quantity of eligible petroleum products if the holder of the certificate has—
	(a)	sold, used or dealt with the petroleum products; or
	(b)	failed to keep specified records in relation to the petroleum products,
in breach of a condition of the certificate.
	(8)	A person to whom a notice is given by the Commissioner under this section requiring repayment or payment of an amount, must, in addition, pay to the Commissioner, within the time specified in the notice, a penalty of an amount equal to the amount of the repayment or payment.
	(9)	The Commissioner may, on application, remit a penalty payable under subsection (8) if satisfied that proper cause exists for doing so.
	(10)	An amount payable to the Commissioner under this section may be recovered by the Commissioner, as a debt due to the Crown, in any court of competent jurisdiction.
	(11)	A certificate purporting to be signed by the Commissioner and stating that a specified amount is payable to the Commissioner under this section by a specified person is admissible in proceedings for the recovery of that amount and will, in the absence of proof to the contrary, be proof of the amount payable.
23A—Bulk end user certificate
	(1)	The Commissioner may, on application by a person, issue a bulk end user certificate if satisfied that the person will, during the period for which the certificate is to be in force, purchase eligible petroleum products for use as a bulk end user.
	(2)	A bulk end user certificate is subject to the following conditions:
	(a)	a condition that the holder of the certificate must not sell petroleum products purchased pursuant to the certificate except as a bulk end user; and
	(b)	a condition that petroleum products purchased pursuant to the certificate must only be used by the holder of the certificate as a bulk end user; and
	(c)	a condition that the holder of the certificate must not permit another person to use the certificate to purchase petroleum products for a person other than the holder of the certificate; and
	(d)	a condition that if the holder of the certificate becomes aware that another person has used the certificate to purchase petroleum products for a person other than the holder of the certificate, the holder must immediately give the Commissioner written notice of that fact; and
	(e)	such conditions requiring the keeping of records and provision of information as the Commissioner thinks fit to impose; and
	(f)	such other conditions as the Commissioner thinks fit to impose.
23D—Variation of certificate
	(1)	The Commissioner may, on application or at the Commissioner's own initiative, substitute, add, remove or vary a condition of a certificate.
	(2)	A certificate may be varied by endorsement of the certificate or by notice in writing to the holder of the certificate.
23E—Expiry of certificate etc
	(1)	Subject to this Part, a certificate expires on the third anniversary of the date of issue of the certificate and may be renewed on application for successive terms of three years.
	(2)	The holder of a certificate may at any time surrender the certificate to the Commissioner, at which time the certificate ceases to have effect.
	(3)	A certificate is not transferable.
23F—Form of application for issue, renewal or variation of certificate
	(1)	An application for the issue, renewal or variation of a certificate must be made in a manner and form approved by the Commissioner and contain the information required by the Commissioner.
	(2)	An applicant must provide any further information that the Commissioner reasonably requires for the purposes of determining the application.
23G—Form of certificate
A certificate will be in a form determined by the Commissioner.
23H—Offence relating to certificate conditions
The holder of a certificate must not contravene or fail to comply with a condition of the certificate.
Maximum penalty: $10 000.
23I—Cancellation of certificate etc
	(1)	The Commissioner may, at any time by notice in writing to the holder of a certificate, cancel the certificate if satisfied that—
	(a)	the holder obtained the certificate improperly; or
	(b)	the holder has contravened, or failed to comply with, a condition of the certificate; or
	(c)	the holder is no longer a bulk end user.
	(2)	The Commissioner may, in a notice under subsection (1), require the holder or former holder of the certificate to return or produce the certificate to the Commissioner within a specified period.
	(3)	A person who refuses or fails to comply with a requirement made under subsection (2) is guilty of an offence.
Maximum penalty: $5 000.

Part 5—Periods of restriction and rationing
Division 1—Interpretation
32—Interpretation
In this Part, unless the contrary intention appears—
sale includes—
	(a)	barter or exchange;
	(b)	offer or agreement to sell, barter or exchange;
	(c)	delivery in pursuance of sale, barter or exchange,
and sell and purchase have corresponding meanings.

Division 2—Declaration of periods of restriction and rationing
33—Declaration of periods of restriction and rationing
	(1)	If, in the opinion of the Governor, circumstances have arisen, or are likely to arise, that have caused, or are likely to cause, shortages of petroleum products in the State, the Governor may—
	(a)	by proclamation, declare a period (commencing on the date of the proclamation, or some specified later date, and extending for not more than seven days) to be a period of restriction; and
	(b)	if the Governor thinks fit, by the same or a subsequent proclamation—
	(i)	declare that the period of restriction will, as from its commencement, or some specified later date, be a rationing period; and
	(ii)	declare petroleum products of specified kinds to be rationed petroleum products.
	(2)	The Governor may, by proclamation—
	(a)	extend a period of restriction for successive periods (each not to exceed seven days) but not so that the total period exceeds 28 days; or
	(b)	extend a period of restriction by such other period or periods as may be authorised by a resolution of both Houses of Parliament; or
	(c)	vary or revoke a declaration under subsection (1)(b); or
	(d)	revoke a proclamation under this section.
	(3)	A period of restriction that has been declared to be a rationing period continues to be a rationing period during any extension of the period of restriction unless the declaration by virtue of which it became a rationing period is revoked.
	(4)	Where a period of restriction expires, no subsequent period may be declared to be a period of restriction unless—
	(a)	that subsequent period commences 14 days or more after the expiration of the former period of restriction; or
	(b)	the declaration is authorised by a resolution of both Houses of Parliament.

Division 3—Controls during periods of restriction
34—Controls during periods of restriction
	(1)	The Minister may, if of the opinion that it is in the public interest to do so—
	(a)	fix conditions of licences; and
	(b)	issue directions,
that apply during a period of restriction in relation to petroleum products.
	(2)	Without limiting the effect of subsection (1), licence conditions or directions may—
	(a)	fix maximum prices in relation to classes of sales of petroleum products; or
	(b)	prohibit sales of petroleum products.
	(3)	Licence conditions or directions under this section may relate to petroleum products generally, or to petroleum products of a specified kind.
	(4)	Licence conditions under this section—
	(a)	may apply to—
	(i)	a particular licence; or
	(ii)	a particular class of licences; and
	(b)	if applying to a class of licences—may be fixed by notice published in the Gazette or in a newspaper circulating generally throughout the State.
	(5)	Directions under this section—
	(a)	may apply to—
	(i)	a particular person; or
	(ii)	a particular class of persons; or
	(iii)	the public generally; and
	(b)	if applying to—
	(i)	a particular person—may be issued by notice in writing to the person; or
	(ii)	a particular class of persons or the public generally—may be issued by notice published in the Gazette or in a newspaper circulating generally throughout the State.
	(6)	A person to whom a direction is issued under this section must not contravene or fail to comply with the direction.
Maximum penalty: $10 000.
	(7)	A licence condition or direction under this section—
	(a)	does not operate after the end of the period of restriction in relation to which it was fixed or issued; and
	(b)	may be varied or revoked by the Minister in the manner in which it was fixed or issued.
	(8)	The Minister may, if of the opinion that it is just to do so, compensate a licensee or person who has incurred expenses in complying with a condition or direction under this section.

Division 4—Controls during rationing periods
35—Controls during rationing periods
	(1)	During a rationing period a person must not sell rationed petroleum products except to a permit holder.
Maximum penalty: $10 000.
	(2)	During a rationing period a person must not purchase rationed petroleum products unless the person is a permit holder.
Maximum penalty: $10 000.
	(3)	This section does not apply to the sale of rationed petroleum products to, or the purchase of rationed petroleum products by, a person in the ordinary course of carrying on a business of selling petroleum products.
36—Permits
	(1)	The Minister may, if satisfied that it is in the public interest to do so, issue a permit to any person.
	(2)	The Minister may fix conditions of a permit as the Minister thinks fit.
	(3)	Without limiting the effect of subsection (2), permit conditions may limit the quantity or value of rationed petroleum products that may be purchased under the permit—
	(a)	by reference to stipulated maxima; or
	(b)	by reference to coupons to be given by the permit holder on purchasing rationed petroleum products; or
	(c)	by any other means of limitation.
	(4)	It is a condition of a permit that the permit holder must carry the permit at all times when driving a motor vehicle to which petroleum products have been supplied under the permit.
	(5)	A permit holder must not contravene or fail to comply with a condition of the permit.
Maximum penalty: $10 000.
	(6)	The Minister may by notice in writing served on a permit holder cancel the permit.
	(7)	On cancellation of a permit, the former permit holder must return the permit to the Minister or a person nominated by the Minister.
Maximum penalty: $10 000.
	(8)	A permit is not transferable.

Division 5—Limit on proceedings against Minister
37—Limit on proceedings against Minister
Except as provided by Part 9, no proceedings can be instituted against the Minister to compel the Minister to take, or to refrain from taking, any action under this Part.

Division 6—Conservation of petroleum products
38—Publication of desirable principles for conserving petroleum
	(1)	The Minister may publish, by notice in the Gazette and in a newspaper circulating generally throughout the State, principles that the public should, in the Minister's opinion, be encouraged to observe in relation to the conservation of petroleum products during a period of restriction.
	(2)	If, during a period of restriction, a person, by conforming with principles published under subsection (1), commits a breach of a policy of insurance, that breach is, for the purpose of determining the rights of that person under the policy, to be disregarded.
39—Special consideration to be given to those living in country areas
In exercising powers under this Part, the Minister must give special consideration to the needs of those living in country areas of this State.

Part 8—Authorised officers
42—Appointment of authorised officers
	(1)	The Minister may appoint persons to be authorised officers for the purposes of this Act.
	(2)	An appointment may be made subject to conditions specified in the instrument of appointment.
	(3)	The Minister may, at any time, revoke an appointment or vary, revoke or add a condition of an appointment.
	(4)	All members of the police force and authorised officers under the Taxation Administration Act 1996 are authorised officers for the purposes of this Act.
43—Identification of authorised officers
	(1)	An authorised officer, other than a member of the police force, must be issued with an identity card—
	(a)	containing the person's name and a photograph of the person; and
	(b)	stating that the person is an authorised officer for the purposes of this Act.
	(2)	Where the powers of an authorised officer have been limited by conditions under this Part, the identity card issued to the authorised officer must contain a statement of the limitation on the officer's powers.
	(3)	An authorised officer must, at the request of a person in relation to whom the authorised officer intends to exercise any powers under this Act, produce for the inspection of the person—
	(a)	in the case of an authorised officer who is a member of the police force and is not in uniform—his or her certificate of authority; or
	(b)	in the case of an authorised officer who is not a member of the police force—his or her identity card.
44—Powers of authorised officers
	(1)	Subject to this Part, an authorised officer may—
	(a)	enter and remain on premises and inspect premises for any reasonable purpose connected with the administration or enforcement of this Act;
	(b)	with the authority of a warrant issued under this Part or in circumstances in which the authorised officer reasonably believes that immediate action is required, use reasonable force to break into or open any part of, or anything in or on premises;
	(d)	require a person to produce a record, including a written record that reproduces in an understandable form information stored by computer, microfilm or other process, as reasonably required in connection with the administration or enforcement of this Act;
	(e)	examine, copy or take extracts from a record, or require a person to provide a copy of a record, as reasonably required in connection with the administration or enforcement of this Act;
	(f)	remove and retain a record for so long as is reasonably necessary for the purpose of making a copy of the record;
	(g)	take photographs, films, audio, video or other recordings as reasonably required in connection with the administration or enforcement of this Act;
	(j)	require a person who the authorised officer reasonably suspects has committed, is committing or is about to commit, a contravention of this Act to state the person's full name and usual place of residence and to produce evidence of the person's identity;
	(k)	require a person who the authorised officer reasonably suspects has knowledge of matters in respect of which information is reasonably required for the administration or enforcement of this Act to answer questions in relation to those matters;
	(l)	require a person holding or required to hold a licence, certificate or permit to produce it for inspection;
	(m)	give directions reasonably required in connection with the exercise of a power conferred by this subsection or otherwise in connection with the administration or enforcement of this Act.
	(2)	A magistrate may issue a warrant for the purposes of subsection (1) if satisfied that the warrant is reasonably required for the administration or enforcement of this Act.
	(3)	In the exercise of powers under this Act an authorised officer may be assisted by such persons as he or she considers necessary in the circumstances.
	(4)	An authorised officer may require an occupier of any place to give to the authorised officer or a person assisting the authorised officer such assistance as is reasonably required by the authorised officer for the effective exercise of powers conferred by this Act.
45—Offence to hinder etc authorised officers
A person who—
	(a)	hinders or obstructs an authorised officer, or a person assisting an authorised officer, in the exercise of powers conferred by this Act; or
	(b)	uses abusive, threatening or insulting language to an authorised officer, or a person assisting an authorised officer; or
	(c)	refuses or fails to comply with a requirement or direction of an authorised officer under this Part; or
	(d)	when required by an authorised officer under this Part to answer a question, refuses or fails to answer the question to the best of the person's knowledge, information and belief; or
	(e)	falsely represents, by words or conduct, that he or she is an authorised officer,
is guilty of an offence.
Maximum penalty: $5 000.
46—Self-incrimination
	(1)	It is not an excuse for a person to refuse or fail to answer a question or to produce, or provide a copy of, a record or information as required under this Part on the ground that to do so might tend to incriminate the person or make the person liable to a penalty.
	(2)	If compliance by a person with a requirement to answer a question or to produce, or provide a copy of, a record or information might tend to incriminate the person or make the person liable to a penalty, then—
	(a)	in the case of a person who is required to produce, or provide a copy of, a record or information—the fact of production, or provision of a copy of, the record or the information (as distinct from the contents of the record or the information); or
	(b)	in any other case—the answer given in compliance with the requirement,
is not admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty (other than proceedings under this Act).

Part 9—Appeals
47—Appeals
	(1)	An appeal to the Administrative and Disciplinary Division of the District Court may be made—
	(a)	by an applicant for the issue, renewal or variation of a licence against a decision by the Minister to refuse to issue, renew or vary the licence; or
	(ab)	by an applicant for the issue, renewal or variation of a certificate against a decision by the Commissioner to refuse to issue, renew or vary the certificate; or
	(b)	by an applicant for the issue of a permit against a decision by the Minister to refuse to issue the permit; or
	(c)	by a licensee against a decision by the Minister to vary, suspend or cancel the licence; or
	(ca)	by a certificate holder against a decision by the Commissioner to vary or cancel the certificate; or
	(d)	by a permit holder against a decision by the Minister to cancel the permit; or
	(e)	by a claimant for a subsidy under this Act against a decision by the Commissioner on the claim; or
	(ea)	by a person to whom the Commissioner has given notice under section 23 requiring the payment or repayment of an amount to the Commissioner against the decision to issue the notice.
	(3)	If the Minister or Commissioner does not give reasons in writing for a decision of the Minister or Commissioner referred to in subsection (1) when the decision is made, the Minister or Commissioner must do so on request made by the applicant, licensee or certificate or permit holder within one month of the making of the decision.
	(4)	An appeal against a decision by the Commissioner on a claim for a subsidy or a decision by the Commissioner to issue a notice under section 23 may only be instituted if the appellant has lodged an objection to the decision with the Commissioner and—
	(a)	the Commissioner has served on the person notice of the determination of the objection and the person is not satisfied with that determination; or
	(b)	the Commissioner has not, within one month of the lodging of the objection, given a determination with respect to the objection.
	(5)	An appeal must be instituted—
	(a)	in the case of an appeal against a decision of the Minister or a decision of the Commissioner (other than a decision of a kind referred to in subsection (4))—
	(i)	within one month of the making of the decision being appealed against; or
	(ii)	if a request for reasons in writing for the decision has been made under subsection (3)—within one month of the receipt of the reasons in writing; or
	(b)	in the case of an appeal against a decision of the Commissioner of a kind referred to in subsection (4)—
	(i)	within one month of receipt of notice of determination of the objection; or
	(ii)	if the Commissioner has not given a determination as referred to in subsection (4)—within two months of the lodging of the objection.
	(7)	A decision to—
	(a)	vary, suspend or cancel a licence; or
	(b)	vary or cancel a certificate; or
	(c)	cancel a permit; or
	(d)	issue a notice under section 23,
is suspended pending determination of an appeal against the decision.

Part 11—Miscellaneous
49—Delegation
	(1)	The Minister may delegate any of the Minister's powers or functions under this Act to—
	(a)	another Minister; or
	(b)	the Commissioner; or
	(c)	any person or body.
	(2)	A power or function delegated under this section may, if the instrument of delegation so provides, be further delegated.
	(3)	A delegation under this section—
	(a)	must be by instrument in writing; and
	(b)	may be absolute or conditional; and
	(c)	does not derogate from the power of the delegator to act in any matter; and
	(d)	is revocable at will by the delegator.
50—Register
	(1)	The Minister must cause a register to be kept of—
	(a)	licensees under Part 2; and
	(b)	holders of bulk end user certificates.
	(2)	The register must be kept available for public inspection at a place approved by the Minister during ordinary office hours.
51—Particulars of dealings with petroleum products
	(1)	The Minister or the Commissioner may, by notice in writing, require—
	(a)	a person who is carrying on, or has carried on, or is or was concerned in, a business involving or related to petroleum products;
	(b)	a person who, as agent or employee of a person referred to in paragraph (a), has or has had duties or provides or has provided services in connection with a business so referred to,
to furnish in writing, within the period specified in the notice or such further period as the Minister or Commissioner may allow, such information with respect to those petroleum products as is specified in the notice, not being information relating to any period after the date of the requirement.
	(2)	A person who fails to comply with a requirement under subsection (1) is guilty of an offence.
Maximum penalty: $5 000.
52—Records to be kept of bulk transport of petroleum products
Where a quantity of petroleum products other than a retail quantity is being transported in the State by road in a vehicle (whether with or without any other goods), the person transporting the petroleum products must, while so transporting them, carry in the vehicle at all times a record containing the prescribed particulars.
Maximum penalty: $2 500.
Expiation fee: $200.
53—Records to be kept
	(1)	A person who carries on a business involving or related to petroleum products must keep accounts, invoices, receipts, records, books and documents as required by the Minister from time to time by notice published in the Gazette for a period of five years after the last entry is made in any of the accounts, invoices, receipts, records, books or documents.
Maximum penalty: $2 500.
Expiation fee: $200.
	(2)	This section does not apply so as to require the preservation of any accounts, invoices, receipts, records, books or documents—
	(a)	in respect of which the Minister has notified the person carrying on the business that preservation is not required; or
	(b)	of a body corporate that has gone into liquidation and been finally dissolved.
	(3)	A person who purchases petroleum products pursuant to a certificate must keep invoices, receipts, records, books and documents as required by the Minister from time to time by notice published in the Gazette for a period of five years after the last entry is made in any of the records, receipts, books or documents.
Maximum penalty: $2 500.
Expiation fee: $200.
	(4)	The Minister—
	(a)	must, as soon as practicable after the end of the period of 12 months from the commencement of subsection (3), have an inquiry and report made as to the costs to businesses during that period of 12 months of compliance with the requirements of that subsection; and
	(b)	must, within 12 sitting days after receiving the report, have copies of the report laid before both Houses of Parliament.
53A—Falsely claiming to hold licence, certificate or permit etc
A person must not falsely claim or purport to be the holder of a licence, certificate or permit.
Maximum penalty: $10 000.
54—False or misleading information
A person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information furnished, or record kept, under this Act.
Maximum penalty: $5 000.
55—Statutory declarations
Where a person is required by or under this Act to furnish information to the Minister or the Commissioner, the Minister or the Commissioner may require that the information be verified by statutory declaration and, in that event, the person will not be taken to have furnished the information as required unless it has been verified in accordance with the requirements of the Minister or the Commissioner.
56—Confidentiality
	(1)	A person who is or has been engaged in the administration of this Act must not disclose any information obtained (whether by that person or some other person) under or in relation to the administration of this Act, except as permitted by this section.
Maximum penalty: $10 000.
	(2)	A person who is or has been engaged in the administration of this Act may disclose information obtained (whether by that person or some other person) under or in relation to the administration of this Act—
	(a)	as authorised by or under this Act; or
	(b)	with the consent of the person from whom the information was obtained or to whom the information relates; or
	(c)	in connection with the administration or enforcement of this Act or a corresponding law; or
	(d)	for the purpose of any legal proceedings arising out of the administration or enforcement of this Act or a corresponding law; or
	(e)	to the holder of a prescribed office or a prescribed body established under a law of this jurisdiction or another Australian jurisdiction; or
	(f)	as authorised under the regulations.
	(3)	The Minister or the Commissioner may disclose information obtained under or in relation to the administration of this Act that does not directly or indirectly identify a particular licensee or any particular person to whom a regulatory or subsidy scheme under this Act applies.
	(4)	A person other than a person who is or has been engaged in the administration of this Act must not disclose information that—
	(a)	has been obtained (whether properly or improperly and whether directly or indirectly) from another person who is or has been engaged in the administration of this Act; and
	(b)	the other person obtained under or in relation to the administration of this Act,
unless—
	(c)	the disclosure is of a kind that a person who is or has been engaged in the administration of this Act would be permitted to make under this section; or
	(d)	if the person is a prescribed office holder or body under a law of this jurisdiction or another Australian jurisdiction—the disclosure is made in connection with the performance of functions conferred or imposed on the person under a law of this jurisdiction or another Australian jurisdiction (including for the purposes of legal proceedings connected with the performance of such functions); or
	(e)	the disclosure is made with the consent of the Minister or the Commissioner.
Maximum penalty: $10 000.
	(5)	A court does not have power to require a disclosure of information contrary to this section.
57—General defence
It is a defence to a charge of an offence against this Act if the defendant proves that the offence was not committed intentionally and did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence.
58—Immunity from personal liability
	(1)	No personal liability attaches to an authorised officer or any other person engaged in the administration of this Act for an honest act or omission in the exercise or discharge, or purported exercise or discharge, of a power, function or duty under this Act.
	(2)	A liability that would, but for subsection (1), lie against a person, lies instead against the Crown.
59—Offences by bodies corporate
If a body corporate is guilty of an offence against this Act, each director of the body corporate is, subject to the general defence under this Part, guilty of an offence and liable to the same penalty as may be imposed for the principal offence.
60—Continuing offence
	(1)	A person convicted of an offence against a provision of this Act in respect of a continuing act or omission—
	(a)	is liable, in addition to the penalty otherwise applicable to the offence, to a penalty for each day during which the act or omission continued of not more than one-tenth of the maximum penalty prescribed for that offence; and
	(b)	is, if the act or omission continues after the conviction, guilty of a further offence against the provision and liable, in addition to the penalty otherwise applicable to the further offence, to a penalty for each day during which the act or omission continued after the conviction of not more than one-tenth of the maximum penalty prescribed for the offence.
	(2)	If an offence consists of an omission to do something that is required to be done, the omission will be taken to continue for as long as the thing required to be done remains undone after the end of the period for compliance with the requirement.
61—Prosecutions
	(1)	Proceedings for an offence against this Act must be commenced—
	(a)	in the case of an expiable offence—within the time limits prescribed for expiable offences by the Summary Procedure Act 1921;
	(b)	in any other case—within two years after the date on which the offence is alleged to have been committed or, with the authorisation of the Minister, at a later time within five years after that date.
	(2)	A prosecution for an offence against this Act cannot be commenced except with the consent of the Minister.
	(3)	In any proceedings, an apparently genuine document purporting to be a certificate of the Minister, certifying authorisation of, or consent to, a prosecution for an offence against this Act will be accepted, in the absence of proof to the contrary, as proof of the authorisation or consent.
62—Evidence
	(1)	In any proceedings for an offence against this Act, an apparently genuine document purporting to be a certificate of the Minister certifying—
	(a)	that a person is an authorised officer or was an authorised officer at a specified date; or
	(b)	that a person was or was not the holder of a licence of a specified kind at a specified date; or
	(c)	that a person was or was not the holder of a permit at a specified date; or
	(ca)	that a person was or was not the holder of a certificate of a specified kind at a specified date; or
	(d)	that a specified period is or was a period of restriction or a rationing period; or
	(e)	that a specified substance—
	(i)	is or was a petroleum product of a specified kind; or
	(ii)	was, on a specified date, a rationed petroleum product,
constitutes proof of the matters so certified in the absence of proof to the contrary.
	(2)	The presence on any premises of a vending machine from which petroleum products may be obtained is to be taken to constitute conclusive evidence that the occupier of the premises has sold petroleum products by means of the machine unless a licensee is authorised by licence to sell petroleum products by means of the machine.
63—Service
	(1)	A notice, order or other document to be given to or served on a person under this Act may be given or served—
	(a)	by delivering it personally to the person or an agent of the person; or
	(b)	by leaving it for the person at the person's place of residence or business with someone apparently over the age of 16 years; or
	(c)	by posting it to the person or agent of the person at the person's or agent's last known place of residence or business.
	(2)	Without limiting the effect of subsection (1), a notice, order or other document required or authorised to be given to or served on a person may—
	(a)	if the person is the holder of a licence or a permit under this Act—given to or served on the person—
	(i)	by posting it to the person at the address last provided by the person for that purpose; or
	(ii)	by transmitting it to the person by facsimile transmission to the number last provided by the person for that purpose; or
	(b)	if the person is a company or registered body within the meaning of the Corporations Act 2001 of the Commonwealth—be served on that company or registered body in accordance with section 109X or 601CX of that Act, as the case requires.
64—Regulations
	(1)	The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.
	(2)	Without limiting the generality of subsection (1), those regulations may—
	(a)	prescribe matters required or authorised to be prescribed under this Act;
	(b)	provide for and require the making of returns relating to dealings with petroleum products;
	(c)	provide for the keeping of records under this Act;
	(d)	fix fees (which may vary according to different factors) to be paid in respect of any matter under this Act and regulate the payment, recovery, waiver or reduction of such fees;
	(e)	impose a penalty not exceeding $2 500 for a breach of a regulation.
	(2a)	The Governor may make regulations authorising specified powers conferred by or under this Act to be exercised for the purposes of the administration or enforcement of a corresponding law.

Legislative history
Notes
	•	Amendments of this version that are uncommenced are not incorporated into the text.
	•	Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
	•	Earlier versions of this Act (historical versions) are listed at the end of the legislative history.
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.
Legislation repealed by principal Act
The Petroleum Products Regulation Act 1995 repealed the following:
Business Franchise (Petroleum Products) Act 1979
Motor Fuel Distribution Act 1973
Petroleum Shortages Act 1980
Legislation amended by principal Act
The Petroleum Products Regulation Act 1995 amended the following:
Environment Protection Act 1993
Principal Act and amendments
New entries appear in bold.
Year	No	Title	Assent	Commencement	
1995	30	Petroleum Products Regulation Act 1995	27.4.1995	1.7.1995 (Gazette 1.6.1995 p2529)	
1998	29	Petroleum Products Regulation (Licence Fees and Subsidies) Amendment Act 1998	16.4.1998	1.5.1998 (Gazette 23.4.1998 p1926)	
2000	4	District Court (Administrative and Disciplinary Division) Amendment Act 2000	20.4.2000	 Sch 1 (cl 29)—1.6.2000 (Gazette 18.5.2000 p2554)	
2000	21	National Tax Reform (State Provisions) Act 2000	8.6.2000	8.6.2000	
2001	23	Statutes Amendment (Corporations) Act 2001	14.6.2001	 Pt 27 (s 97)—15.7.2001 being the day on which the Corporations Act 2001 of the Commonwealth came into operation: Commonwealth of Australia Gazette No. S 285, 13 July 2001 (Gazette 21.6.2001 p2270)	
2002	35	Statutes Amendment (Stamp Duties and Other Measures) Act 2002	28.11.2002	 Pt 5 (s 14)—28.11.2002: s 2(1)	
2007	35	Statutes Amendment (Petroleum Products) Act 2007	20.9.2007	Pt 3 (ss 5—21)—1.7.2008 (Gazette 13.3.2008 p1006)	
2009	84	Statutes Amendment (Public Sector Consequential Amendments) Act 2009	10.12.2009	Pt 111 (s 263)—1.2.2010 (Gazette 28.1.2010 p320)	
Provisions amended
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision	How varied	Commencement	
Long title	amended under Legislation Revision and Publication Act 2002		
	substituted by 35/2007 s 5	1.7.2008	
Pt 1			
s 2	omitted under Legislation Revision and Publication Act 2002		
s 3	deleted by 29/1998 s 3	1.5.1998	
s 4			
s 4(1)			
annual licence	deleted by 29/1998 s 4(a)	1.5.1998	
bulk end user certificate	inserted by 29/1998 s 4(b)	1.5.1998	
	deleted by 21/2000 s 14(a)	8.6.2000	
certificate	inserted by 29/1998 s 4(b)	1.5.1998	
	deleted by 21/2000 s 14(a)	8.6.2000	
bulk end user certificate or certificate	inserted by 21/2000 s 14(a)	8.6.2000	
Commissioner	amended by 29/1998 s 4(c)	1.5.1998	
Commonwealth customs duty	inserted by 29/1998 s 4(d)	1.5.1998	
Commonwealth excise duty	inserted by 29/1998 s 4(d)	1.5.1998	
condition	amended by 29/1998 s 4(e)	1.5.1998	
Consumer Price Index	deleted by 29/1998 s 4(f)	1.5.1998	
conveyance	deleted by 35/2007 s 6	1.7.2008	
corresponding law	inserted by 29/1998 s 4(g)	1.5.1998	
dangerous situation	deleted by 35/2007 s 6	1.7.2008	
development authorisation	deleted by 35/2007 s 6	1.7.2008	
eligible petroleum products	inserted by 29/1998 s 4(h)	1.5.1998	
Environment Protection Fund	deleted by 29/1998 s 4(i)	1.5.1998	
Highways Fund	deleted by 29/1998 s 4(i)	1.5.1998	
industrial pump	deleted by 35/2007 s 6	1.7.2008	
licence	amended by 29/1998 s 4(j)	1.5.1998	
member of a group	deleted by 29/1998 s 4(k)	1.5.1998	
monthly licence	deleted by 29/1998 s 4(k)	1.5.1998	
off-road diesel fuel user certificate	inserted by 29/1998 s 4(l)	1.5.1998	
	deleted by 21/2000 s 14(b)	8.6.2000	
plant	deleted by 35/2007 s 6	1.7.2008	
prescribed retail sale	deleted by 35/2007 s 6	1.7.2008	
relevant period	deleted by 29/1998 s 4(m)	1.5.1998	
retail licence	inserted by 29/1998 s 4(m)	1.5.1998	
Retail Outlets Board	deleted by 35/2007 s 6	1.7.2008	
retail sale	amended by 29/1998 s 4(n)	1.5.1998	
voting share	deleted by 29/1998 s 4(o)	1.5.1998	
wholesale	inserted by 29/1998 s 4(o)	1.5.1998	
wholesale licence	inserted by 29/1998 s 4(o)	1.5.1998	
s 4(2)	substituted by 29/1998 s 4(p)	1.5.1998	
ss 4A and 4B	inserted by 29/1998 s 5	1.5.1998	
s 4C	inserted by 29/1998 s 5	1.5.1998	
	deleted by 21/2000 s 15	8.6.2000	
s 4D	inserted by 29/1998 s 5	1.5.1998	
s 7			
s 7(2)	deleted by 35/2007 s 7	1.7.2008	
Pt 2			
Pt 2 Div 1	heading deleted by 29/1998 s 6	1.5.1998	
s 8 before substitution by 35/2007			
s 8(1)	amended by 29/1998 s 7(a)	1.5.1998	
s 8(1a)	inserted by 29/1998 s 7(b)	1.5.1998	
s 8(2)	deleted by 29/1998 s 7(c)	1.5.1998	
s 8	substituted by 35/2007 s 8	1.7.2008	
s 9			
s 9(2)	deleted by 29/1998 s 8(a)	1.5.1998	
s 9(3)	amended by 29/1998 s 8(b)	1.5.1998	
s 9(4) and (5)	deleted by 29/1998 s 8(c)	1.5.1998	
s 10			
s 10(1)	deleted by 29/1998 s 9(a)	1.5.1998	
s 10(2)	amended by 29/1998 s 9(b)	1.5.1998	
	substituted by 35/2007 s 9	1.7.2008	
s 10(4)	amended by 29/1998 s 9(c)	1.5.1998	
s 10(5)	inserted by 29/1998 s 9(d)	1.5.1998	
s 11			
s 11(2)	amended by 29/1998 s 10	1.5.1998	
	(a)—(e) deleted by 35/2007 s 10(1)	1.7.2008	
	amended by 35/2007 s 10(2)	1.7.2008	
s 11(3)	deleted by 35/2007 s 10(3)	1.7.2008	
s 12			
s 12(2)	amended by 35/2007 s 11	1.7.2008	
s 13			
s 13(3)	inserted by 29/1998 s 11	1.5.1998	
ss 14—16	deleted by 35/2007 s 12	1.7.2008	
s 17	amended by 35/2007 s 13	1.7.2008	
s 19	deleted by 35/2007 s 14	1.7.2008	
Pt 2 Div 2	deleted by 29/1998 s 12	1.5.1998	
Pt 2A	inserted by 29/1998 s 13	1.5.1998	
s 20			
s 20(3)	substituted by 21/2000 s 16(a)	8.6.2000	
s 20(5)	deleted by 21/2000 s 16(b)	8.6.2000	
s 20(7)	deleted by 21/2000 s 16(c)	8.6.2000	
s 20(8)	substituted by 21/2000 s 16(d)	8.6.2000	
s 20(10)	deleted by 21/2000 s 16(e)	8.6.2000	
s 23			
s 23(7)	deleted by 21/2000 s 17(a)	8.6.2000	
s 23(12)	deleted by 21/2000 s 17(b)	8.6.2000	
ss 23B and 23C	deleted by 21/2000 s 18	8.6.2000	
s 23F			
s 23F(1)	amended by 21/2000 s 19	8.6.2000	
s 23I			
s 23I(1)	substituted by 21/2000 s 20	8.6.2000	
Pt 3	deleted by 35/2007 s 15	1.7.2008	
Pt 4	deleted by 35/2007 s 15	1.7.2008	
Pt 5			
s 34			
s 34(2)	substituted by 35/2007 s 16	1.7.2008	
s 35			
s 35(1)	substituted by 29/1998 s 14(a)	1.5.1998	
s 35(3)	amended by 29/1998 s 14(b)	1.5.1998	
Pt 6	deleted by 35/2007 s 17	1.7.2008	
Pt 7	deleted by 35/2007 s 17	1.7.2008	
Pt 8			
s 42			
s 42(4)	amended by 29/1998 s 15	1.5.1998	
s 44			
s 44(1)	amended by 29/1998 s 16	1.5.1998	
	(c), (h), (i) deleted by 35/2007 s 18(1)	1.7.2008	
s 44(4)	amended by 35/2007 s 18(2)	1.7.2008	
Pt 9			
s 47			
s 47(1)	amended by 29/1998 s 17(a)—(c)	1.5.1998	
	(f) deleted by 35/2007 s 19(1)	1.7.2008	
s 47(2)	deleted by 4/2000 s 9(1) (Sch 1 cl 29(a))	1.6.2000	
s 47(3)	amended by 29/1998 s 17(d), (e)	1.5.1998	
s 47(4)	amended by 29/1998 s 17(f)	1.5.1998	
s 47(5)	amended by 29/1998 s 17(g), (h)	1.5.1998	
	(c) deleted by 35/2007 s 19(2)	1.7.2008	
s 47(6)	deleted by 4/2000 s 9(1) (Sch 1 cl 29(b))	1.6.2000	
s 47(7)	substituted by 29/1998 s 17(i)	1.5.1998	
	(e) deleted by 35/2007 s 19(3)	1.7.2008	
s 47(8)	substituted by 4/2000 s 9(1) (Sch 1 cl 29(c))	1.6.2000	
	deleted by 35/2007 s 19(4)	1.7.2008	
s 47(9)	deleted by 4/2000 s 9(1) (Sch 1 cl 29(d))	1.6.2000	
s 47(10)	deleted by 4/2000 s 9(1) (Sch 1 cl 29(e))	1.6.2000	
s 47(11)	deleted by 4/2000 s 9(1) (Sch 1 cl 29(f))	1.6.2000	
Pt 10	deleted by 29/1998 s 18	1.5.1998	
Pt 11			
s 50			
s 50(1)	substituted by 29/1998 s 19	1.5.1998	
	amended by 21/2000 s 21	8.6.2000	
s 52	substituted by 29/1998 s 20	1.5.1998	
s 53			
s 53(1) and (2)	amended by 29/1998 s 21(a)	1.5.1998	
s 53(3) and (4)	inserted by 29/1998 s 21(b)	1.5.1998	
s 53A	inserted by 29/1998 s 22	1.5.1998	
s 56	amended by 29/1998 s 23	1.5.1998	
	substituted by 35/2002 s 14	28.11.2002	
s 61			
s 61(1)	substituted by 29/1998 s 24	1.5.1998	
s 62	amended by 29/1998 s 25	1.5.1998	
s 63			
s 63(2)	amended by 23/2001 s 97	15.7.2001	
s 64			
s 64(2a)	inserted by 29/1998 s 26	1.5.1998	
s 64(3) and (4)	deleted by 35/2007 s 20	1.7.2008	
Sch 1 before deletion by 35/2007			
cl 3			
cl 3(1)	amended by 29/1998 s 27	1.5.1998	
Sch 1	deleted by 35/2007 s 21	1.7.2008	
Sch 2	deleted by 29/1998 s 28	1.5.1998	
Sch 3 before deletion by 35/2007			
cl 1	omitted under Legislation Revision and Publication Act 2002		
Sch 3	deleted by 35/2007 s 21	1.7.2008	
Sch 4	omitted under Legislation Revision and Publication Act 2002		
Historical versions
Reprint No 1—1.5.1998		
Reprint No 2—8.6.2000		
Reprint No 3—15.7.2001		
Reprint No 4—28.11.2002