Wholesale suppliers' obligation under the Petroleum Products Pricing Act 1983
Under the Petroleum Products Pricing Act 1983, wholesale suppliers at the terminals must:
- Notify the Commissioner of their next day's spot price or TGP for each fuel type they sell
- Not refuse to supply fuel to a spot purchaser without reasonable grounds. A spot purchaser is a reseller, sometimes a fuel retailer, who may wish to make a one-off purchase from the terminal.
- Provide itemised invoices clearly listing the TGP, any post terminal gate charges such as freight, branding, credit etc. The itemised invoice should also clearly list the price of fuel separate from any other goods and services supplied.
- Not require the spot purchaser to purchase other goods and services in order to purchase fuel from the terminal.
Suppliers at the terminal who breach the legislation by failing to adhere to these obligations risk a range of enforcement measures including formal warnings, infringement notices and prosecution. Suppliers face penalties of up to $20,000 per offence.
If you believe a supplier is in breach of any of these obligations then contact Fuelwatch on 1300 30 40 54.
Retailers' Obligations Under the Petroleum Products Pricing Regulations 2000
The Petroleum Products Pricing Regulations 2000 sit beneath the Act. Retailers must:
- Notify the Commissioner via FuelWatch by 2pm each day, of the next day's prices for each fuel type they sell. If a retailer fails to notify the Commissioner via FuelWatch by 2pm then they cannot change their price until the following day.
- Maintain notified prices for 24 hours from 6am each day.
- Not sell or offer to sell fuel at a price other than the price notified.
- Ensure any prices displayed on a price board* (whether mandatory or not) must match those notified and displayed at the bowser and cash register. If the prices do not match those notified, retailers may be engaging in misleading advertising in breach of the Fair Trading Act 2010.
- * REGIONAL WA ONLY: display prices for fuels sold on a price board. The price display must be clearly legible to passing motorists.
- Metropolitan retailers are not required to display price boards because most do so voluntarily. However, all retailers must ensure that the prices displayed on the price board match those displayed on the bowsers.
All notified prices are available via the FuelWatch website and phone service after 2:30pm. They are also emailed to subscribers after 2:30pm and sent to various media outlets.
Retailers who fail to adhere to these obligations and breach the regulations will risk a range of enforcement measures including formal warnings, infringement notices and prosecutions.
Retailers face penalties of up to $20,000 per offence for individuals or up to $100,000 per offence for corporations.
If you believe that a retailer is in breach of any of these obligations then contact FuelWatch on 1300 30 40 54.