FUEL (PENALTY SURCHARGES) ADMINISTRATION ACT 1997 (REPEALED)

PART 3 - RECORD-KEEPING AND NOTIFICATION OBLIGATIONS  

DIVISION 2 - RECORD-KEEPING OBLIGATIONS IN RELATION TO FUEL  

SECTION 15 (Repealed by 74 of 2006)   OBLIGATIONS CONCERNING MOVEMENT RECORDS AND RETENTION OF OTHER FUEL RECORDS  

15(1)
A person is guilty of an offence if:

(a) the person has charge of fuel in a vessel or vehicle for the purpose of moving the fuel from one place to another (whether or not that person has acquired physical control of the fuel for the purposes of this Act); and

(b) the person moves the fuel in that vessel or vehicle; and

(c) while the fuel is being so moved, the person fails to carry on the vessel or vehicle in which the fuel is moved a movement record in respect of the fuel created by that person, or if that person is an employee, created by, or for, that person's employer.

Penalty: 10 Penalty units.

15(2)
For the purposes of subsection (1), movement record , in relation to fuel, means a record or records containing particulars in relation to:

(a) the amount of fuel being transported; and

(b) whether that fuel is marked fuel or unmarked fuel; and

(c) the place from which, and the place to which, the fuel is moved; and

(d) the ownership of the fuel.

For the purposes of this Act, a movement record may be constituted by commercial documents or a type A, B or C record that contains the requisite particulars, or a combination of any such documents or records.

15(3)
Subsection (1) does not apply to movement of fuel if the fuel is of an amount, or is of an amount and moved in particular circumstances, for which, under the regulations, no movement record is required.

15(4)
A person is guilty of an offence if:

(a) the person is required at any time, under section 12 or 13 , to create a fuel record in respect of particular fuel; and

(b) the person creates that record; and

(c) the person fails to retain that record for 5 years.

Penalty: 10 penalty units.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility applying in respect of the offences under this section.