FUEL (PENALTY SURCHARGES) ADMINISTRATION ACT 1997 (REPEALED)

PART 3 - RECORD-KEEPING AND NOTIFICATION OBLIGATIONS  

DIVISION 3 - NOTIFICATION TO ACCOMPANY DISPOSAL  

SECTION 16 (Repealed by 74 of 2006)   NOTIFICATION TO BE MADE AT TIME OF DISPOSAL  

16(1)
A person is guilty of an offence if:

(a) the person disposes of the ownership of fuel to another person (whether or not physical control of the fuel passes to that other person); and

(b) the first-mentioned person fails to provide a written statement to that other person indicating whether the fuel is marked fuel or unmarked fuel.

Penalty: 10 penalty units.

Note: A failure to provide a written statement as required by this subsection may lead to a penalty surcharge liability under the Fuel Sale (Penalty Surcharge) Act 1997 .

16(2)
A person is guilty of an offence if:

(a) the person has physical control of fuel; and

(b) the person allows another person to take physical control of that fuel; and

(c) the first-mentioned person fails, at the time of allowing physical control to pass to that other person, to give the other person a written statement indicating whether the fuel is marked fuel or unmarked fuel.

Penalty: 10 penalty units.

16(3)
For the purposes of subsection (2), a person is not to be taken to have physical control of fuel if the person has charge of the fuel solely for the purposes of moving the fuel from one place to another place (whether or not the person is an employee of the owner of the fuel).

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility applying in respect of the offences set out in subsections (1) and (2).