ACAPMA Assist Legislation and Regulation

ACAPMAssist:

supplying answers to your questions

Legislation and Regulation

The Downstream Petroleum industry is highly regulated and legislation is always being changed and updated. It is the responsibility of businesses in the industry to keep themselves up to date with the changes. Ignorance of a requirement is not a defence for failing to comply.

This section provides a list of the legislation and regulation that our industry is subject to as well as information and Frequently Asked Questions.

ACAPMA recommends that you look information up directly from the administering regulatory body. this way the regular amendments and additions are included. Toward this end the following lists the name of relevant legislation but the links direct you to the information page of the various regulatory bodies. This avoids a link being active to an obsolete or superseded Act or Regulation.

If there is something you have come across that you would like to bring to the attention of other members please click here to email Elisha

Retail

Tobacco

Consumer Protection

Credit Cards and Consumer Protection

VOLUNTARY Scanning Code of Practice

Weights and Measurement

Fuelwatch (WA ONLY)

Fuel Standards

Environmental Protection, Underground Petroleum Storage and Contaminated Land Protection

Vapour Recovery

Retailer Rights: OilCode

Retailer Rights: WA ONLY

Transport

Dangerous Goods Transport, Handling and Storage

Heavy Vehicle Transport

Employment and Other

Taxation and Excise

Employment: National Employment Standards

Employment: Modern Awards

Employment: Tax Tables

Employment: Superannuation

Employment: Long Service Leave

OH&S

FAQ

Frequently Asked Questions – As ACAPMAssist addresses the questions of Members we will document the question and the response here.

After more general industry information, such as the ACCC Petrol Price Monitoring Reports, Neilsen Retail Reports and Downstream Petroleum Industry Data? Click here to go to the Industry Information pages

Area	Administered By	Regulation or Legislation

TOBACCO	NSW Health www.health.nsw.gov.au	http://www.health.nsw.gov.au/publichealth/healthpromotion/tobacco/information_for_tobacco_retailers_and_consumers.asp Includes Links to: - The Public Health (Tobacco) Act 2008 - Resources
	VIC Health www.health.vic.gov.au	http://www.health.vic.gov.au/tobaccoreforms/retailers.htm Includes Links to: - The Tobacco Amendment (Protection of Children) Act 2009 - Resources
	QLD Health www.health.qld.gov.au	http://www.health.qld.gov.au/tobaccolaws/retail/default.asp Includes Links to: - The Tobacco and Other Smoking Products Act 1998 - Resources
	SA Health www.health.sa.gov.au	http://www.tobaccolaws.sa.gov.au/Default.aspx?tabid=87 Includes Links to: - The Tobacco Products Regulation Act 1997 - Resources
	TAS Health www.dhhs.tas.gov.au	http://www.dhhs.tas.gov.au/peh/tobacco_control/selling_tobacco_in_tasmania Includes Links to: - The Public Health Act 1997 - Resources
	WA Health www.health.wa.gov.au	http://www.tobaccocontrol.health.wa.gov.au/saleandsupply/index.cfm Includes Links to: - The Tobacco Products Control Amendment Act 2009 - Resources
	ACT Health www.health.act.gov.au	http://health.act.gov.au/c/health?a=da&did=10152911&pid=1279851266 Includes Links to: - The Tobacco Act 1927 - Resources
	NT Health www.health.nt.gov.au	http://www.health.nt.gov.au/Alcohol_and_Other_Drugs/Tobacco/Tobacco_Retail_Outlets/index.aspx Includes Links to: - The Tobacco Control Act 2003 - Resources
CONSUMER PROTECTION	Australian Consumer and Competition Commission (ACCC) www.accc.gov.au	http://www.accc.gov.au/content/index.phtml/itemId/3653 Includes Links to: - The Competition and Consumer Act 2010 (formerly the Trade Practices Act 1974) - Information for Retailers and Wholesalers - The Annual ACCC Monitoring Reports into Petrol Prices in Australia
VOLUNTARY SCANNING CODE OF PRACTICE	Not administered by a regulatory body but information can be found on the ACCC website www.accc.gov.au	http://www.accc.gov.au/content/index.phtml/itemId/815406 Includes Links to: - The VOLUNTARY Scanning Code of Practice - Information for Consumers on the Code
WEIGHTS AND MEASUREMENTS	National Measurements Institute (CWTH) www.measurement.gov.au	http://www.measurement.gov.au/TradeMeasurement/Business/Pages/LiquidFuel.aspx Includes Links to: - The National Measurement Act 1960 - Frequently Asked Questions
FUELWATCH (WA ONLY)	Department of Commerce WA www.fuelwatch.wa.gov.au	http://www.fuelwatch.wa.gov.au/info/dsp_wholesale_retail_obligations.cfm Includes Links to: - The Petroleum Products Pricing Act 1983 - Information for Fuel Wholesalers and Retailers - Login and Access for Fuel Wholesalers and Retailers - Frequently Asked Questions
FUEL STANDARDS	Department of Environment (CWTH) www.environment.gov.au	http://www.environment.gov.au/atmosphere/fuelquality/standards/index.html Includes Links to: - The Fuel Quality Standards Act 2000 - Labelling instructions for Ethanol - Resources
ENVIRONMENTAL PROTECTION, UNDERGROUND PETROLEUM STORAGE and CONTAMINATED LAND PROTECTION	NSW Department of Environment, Climate Change and Water www.environment.nsw.gov.au	http://www.environment.nsw.gov.au/clm/upss.htm Includes Links to: - The Underground Petroleum Storage System Regulation 2008 - The Environment Operations Act 1997 - The Contaminated Lands Act 1997 - Investigative and Remedial Guidelines - Information for Fuel Wholesalers and Retailers
	EPA VIC www.epa.vic.gov.au	http://www.epa.vic.gov.au/land/upss.asp Includes Links to: - The UPPS Guidelines for Victoria - The Environmental and Groundwater Protection Policies - The Environmental Protection Act 1970 - Information for Fuel Wholesalers and Retailers
	Department of Environment and Resource Management QLD www.derm.qld.gov.au	http://www.derm.qld.gov.au/environmental_management/land/contaminated_land/index.html Includes Links to: - The Environmental Protection Act 1994 - Resources
	EPA SA www.epa.sa.gov.au	http://www.epa.sa.gov.au/environmental_info/site_contamination/underground_storage_systems Includes Links to: - NOTE: EPA SA recommends compliance with the Victorian UPSS Guidelines until SA guidelines are composed - The Environment Protection Act 1993 - The Environment Protection (Water Quality) Policy 2003 - Information for Fuel Wholesalers and Retailers
	EPA TAS www.environment.tas.gov.au	http://www.environment.tas.gov.au/index.aspx?base=8370 Includes Links to: - The Environmental Management and Pollution Control (Underground Petroleum Storage Systems) Regulations 2010 - Information for Fuel Wholesalers and Retailers
	Department of Mines and Petroleum WA www.dmp.wa.gov.au	http://www.dmp.wa.gov.au/6680.aspx Includes Links to: - The Dangerous Goods Safety Act 2004 - Information for Fuel Wholesalers and Retailers
	EPA ACT www.environment.act.gov.au	http://www.environment.act.gov.au/environment/environment_protection_authority_legislation_and_policies Includes Links to: - The Environmental Protection Act 1997 - Contaminated Lands Information - Information for Fuel Wholesalers and Retailers – Use SEARCH function to locate
	EPA NT www.epa.nt.gov.au	http://www.epa.nt.gov.au/about/legislation/ Includes Links to: - NOTE: EPA NT recommends compliance with the NSW UPSS Guidelines until NT guidelines are composed - The Environmental Protection Authority Act 2007
VAPOUR RECOVERY	EPA NSW www.environment.nsw.gov.au	http://www.environment.nsw.gov.au/air/petrolvapour.htm Includes Links to: - The Protection of the Environment Operations (Clean Air) Regulation 2010 - Information for Fuel Retailers
RETAILER RIGHTS: OILCODE	The ACCC and the Dispute Resolution Advisor www.accc.gov.au	http://www.accc.gov.au/content/index.phtml/itemId/783104 Includes Links to: - The Oilcode Regulation 2006 - The Competition and Consumer Act 2010 (formerly known as The Trade Practices Act 1974) - Information for Fuel Wholesalers and Retailers
RETAILER RIGHTS: WA ONLY	Department of Commerce WA www.commerce.wa.gov.au	http://www.slp.wa.gov.au/legislation/statutes.nsf/main_mrtitle_709_homepage.html Is a Link to the official WA Govt page for the Petroleum Retailers Rights and Liabilities Act 1983 as administered by the Department of Commerce
DANGEROUS GOODS TRANSPORT, HANDLINE AND STORAGE	Department of Infrastructure and Transport www.infrastructure.gov.au	http://www.infrastructure.gov.au/transport/australia/dangerous/index.aspx Includes Links to: - The Australian Dangerous Goods Code - Administering Bodies by State or Territory - Guidelines for the creation of Transport Emergency Response Plans NOTE: Requirements for Storage of Dangerous Goods vary from State to State and even local councils. ACAPMA recommends using the visiting the infrastructure.gov.au website and then clicking the Administering Bodies links and then using the SEARCH function to search for Dangerous Goods Storage, to get the most current, local storage requirements.
HEAVY VEHICLE TRANSPORT	National Transport Commission www.ntc.gov.au	http://www.ntc.gov.au/viewpage.aspx?documentid=1931 Includes Links to: - National Heavy Vehicles Regulation and the Consolidation process that will see national registration by 2013 - Resources
	RTA NSW www.rta.nsw.gov.au	http://www.rta.nsw.gov.au/heavyvehicles/ Includes Links to: - Fatigue and Speed Management Regulations - Resources

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