S 77J substituted by No 74 of 2006, s 3 and Sch 1 item 75, effective 1 July 2006. S 77J formerly read:
SECTION 77J
77J
For the purposes of this Part, the regulations may specify a particular blended petroleum product to be an exempt blended petroleum product.
History
S 77J substituted by No 167 of 1997, s 3 Sch 1 item 7, applicable only to blending of petroleum products occurring on or after 31 January 1998. S 77J formerly read:
77J(1)
For the purposes of this Part, a blended petroleum product is an exempt blended petroleum product if:
(a)
it is made by a person who is not a statutory blender; or
(b)
it is declared by the regulations to be an exempt blended petroleum product.
77J(2)
For the purposes of subsection (1) but subject to subsection (3), a person is a statutory blender if that person, or another person acting on that person's behalf, produces, or has, at any time after this section commences, produced, in the aggregate:
(a)
more than 300 litres of blended petroleum products on any day; or
(b)
more than 600 litres of blended petroleum products during any continuous period of 30 days; or
(c)
more than 3,000 litres of blended petroleum products during any continuous period of 12 months.
77J(3)
In determining whether, at a particular time, a person is a statutory blender for the purposes of subsection (1), any blending done by or on behalf of the person:
(a)
after this section commences; and
(b)
more than 12 months before that time;
is to be disregarded.
77J(4)
For the purposes of subsection (2), a blended petroleum product does not include a blended petroleum product that is declared, by regulations made for the purposes of paragraph (1) (b), to be an exempt blended petroleum product.
77J(5)
The regulations may provide that, with effect from a day specified in the regulations, subsection (2) has effect as if there were substituted for a volume specified in paragraph (2) (a), (b) or (c) such greater volume as is specified in the regulations.