Regulatory Reform Omnibus Act 2025 (73 of 2025)

Schedule 4   Amendments to increase government efficiency and improve productivity

Part 5   Improving fuel security

Division 3   Information gathering powers

Petroleum and Other Fuels Reporting Act 2017

29   At the end of Part 2

Add:

Division 3 - Information gathering powers

13E Secretary may require information or documents

Scope

(1) This section applies if the Secretary reasonably believes that:

(a) there is a disruption to Australia's fuel supply; and

(b) the disruption has had, is having, or is likely to have, a significant impact on Australia's fuel market.

Notice

(2) The Secretary may give a regulated entity a written notice if the Secretary reasonably believes that the entity has information or documents relevant to the Australian market for a covered product.

(3) Without limiting subsection (2), information or documents relevant to the Australian market for a covered product include information or documents relating to the following:

(a) the entity's orders for any upcoming supply of the product to the market, and the scheduled timeframes for that supply;

(b) the entity's orders for any upcoming demand for the product by customers;

(c) stock levels of the product held by the entity.

Contents of notice

(4) The notice may require the entity to do either or both of the following:

(a) to give information specified in the notice to the Secretary within the period and in the manner specified in the notice;

(b) to produce documents specified in the notice to the Secretary within the period and in the manner specified in the notice.

Note 1: For civil penalties for failing to comply with a requirement of a notice or for providing false or misleading information or documents, see sections 13G and 13H.

Note 2: A person may commit an offence if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code).

(5) The notice must set out the effect of the following provisions:

(a) section 13G;

(b) section 13H;

(c) section 137.1 of the Criminal Code (about an offence for giving false or misleading information);

(d) section 137.2 of the Criminal Code (about an offence for producing false or misleading documents).

Minimum period for complying with notice

(6) A period specified under paragraph (4)(a) or (b):

(a) must be at least 5 business days after the day the notice is given; and

(b) may be:

(i) a single period; or

(ii) a recurring period.

13F Additional operation of section 13E

(1) In addition to the effect of section 13E, that section also has effect as provided by this section.

Census and statistics power

(2) Section 13E also has the effect it would have if:

(a) a reference to a regulated entity included a reference to a person who is not a regulated entity; and

(b) a reference to information or documents were expressly confined to statistical information or statistical documents.

External affairs power

(3) Section 13E also has the effect it would have if:

(a) a reference to a regulated entity included a reference to a person who is not a regulated entity; and

(b) a reference to information or documents were expressly confined to information or documents necessary to give effect to Australia's rights or obligations under:

(i) the Agreement; or

(ii) any other agreement with one or more countries.

13G Civil penalty for failing to comply with notice

Civil penalty

(1) A person contravenes this subsection if:

(a) the person is given a notice under section 13E; and

(b) the person fails to comply with a requirement of the notice.

Civil penalty: 250 penalty units.

(2) Subsection (1) does not apply if the person has a reasonable excuse.

Note: A person bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

Continuing contravention

(3) If a person contravenes subsection (1) by contravening a requirement mentioned in paragraph 13E(4)(a) or (b), the maximum civil penalty for each day that the contravention continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.

Note: Subsection (1), as it relates to a contravention of a requirement mentioned in paragraph 13E(4)(a) or (b), is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.

13H Civil penalty for false or misleading information or documents

Civil penalty

(1) A person contravenes this subsection if:

(a) the person is given a notice under section 13E; and

(b) the person gives information or produces a document that is false or misleading in a material particular, or omits a matter or thing without which the information or the document is misleading in a material particular.

Civil penalty: 300 penalty units.

(2) Subsection (1) does not apply if the person has a reasonable excuse.

Note: A person bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).