Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) Regulation 5.3 does not apply to a retail sale of fuel.
(2) Regulation 5.3 does not apply to a wholesale sale of fuel, if:
(a) the sale of the fuel takes place immediately before, or at the same time as, a retail sale of the fuel; and
(b) the volume of the fuel measured for the wholesale sale is the same as the volume of the fuel measured for the retail sale.
(3) Regulation 5.3 does not apply to a wholesale sale of fuel if, before the wholesale sale, the fuel:
(a) is moved, in any way, from a primary storage facility to a fixed storage facility in another location; and
(b) is unloaded into the fixed storage facility for either of the following purposes:
(i) further distribution;
(ii) further sale and distribution; and
(c) for the movement of the fuel mentioned in paragraph (a), the fuel is measured by reference to the volume of the fuel as measured by the amount in litres that the fuel occupies, or would occupy, at a temperature of 15 degrees Celsius.
(4) Regulation 5.3 does not apply to a wholesale sale of fuel if:
(a) before the wholesale sale, the fuel is moved, in any way, from a primary storage facility to a fixed storage facility in another location; and
(b) before the wholesale sale, the fuel is unloaded into the fixed storage facility for either of the following purposes:
(i) further distribution;
(ii) further sale and distribution; and
(c) before the wholesale sale and after the fuel is moved from the primary storage facility, the fuel is not the subject of another sale.
(5) In this regulation:
"business entity" means an entity that operates a business other than a fuel business.
"cooperative entity" includes an entity that is a buying group for the members of the entity.
diesel fuel means any fuel commonly known as:
(a) automotive diesel fuel; or
(b) automotive diesel oil; or
(c) diesel; or
(d) diesel oil; or
(e) distillate.
fixed storage facility means a facility, other than a primary storage facility:
(a) at which fuel is unloaded for either of the following purposes:
(i) further distribution;
(ii) further sale and distribution; and
(b) from which fuel is reloaded for either of the following purposes:
(i) further distribution;
(ii) further sale and distribution.
"fuel" means petrol or diesel fuel that a person would consider, on reasonable grounds, is ultimately intended for automotive consumption.
primary storage facility means:
(a) an oil refinery; or
(b) a shipping facility; or
(c) a facility connected by product transfer pipeline to an oil refinery or a shipping facility; or
(d) a facility connected by product transfer pipeline to a facility mentioned in paragraph (c).
retail sale , of fuel, means a sale to any of the following:
(a) an entity that purchases the fuel to be used only for its own consumption;
(b) a business entity that purchases the fuel to be used only for either or both of the following purposes:
(i) its own consumption;
(ii) resale of the fuel to a staff member or contractor of the business entity for consumption of the staff member or contractor who purchases the fuel.
(c) a cooperative entity that purchases the fuel to be used only for resale of the fuel to its members for consumption by the members who purchase the fuel.
"shipping facility" means a facility at which fuel may be supplied by ship.