❓ Mr. Birney questions the lack of prosecutions for breaches of petroleum product pricing regulations. The response details the number of breaches, the sanctions applied (educational advice and warning letters), and the department's staged enforcement approach.
AnsweredQoN 2220Legislative Assembly
QuestionView source ↗
(b) What are the reasons for non-prosecution for each breach?
(a) Details of the breaches are listed in the following table. number of breached offence sanctions 21 Breach of Regulation 3(1) of the Petroleum Products Pricing Regulations 2000 3 respondents were provided with educational advice 18 formal warning letters issued to respondents 2 Breach of Regulation 6 of the Petroleum Products Pricing Regulations 2000 1 respondent was provided with educational advice 1 formal warning letter issued to the respondent 1 Breach of Sections 22B and 22D of the Petroleum Products Pricing Act 1983 1 formal warning letter issued to the respondent (b) Decisions are made on a case-by-case basis, and the nature of sanctions imposed is dependent, amongst other things, on the previous conduct of the respondent. Generally, the Department's approach to enforcement in this area is as follows. In response to initial breaches, the retailer will receive educational advice or a formal warning letter. If the offence is repeated during a 12 month period, infringement notices are issued. If the offence is repeated yet again during the 12 month period the retailer will be prosecuted. In some cases there may be aggravating, mitigating, or other circumstances, which could lead to a different approach to enforcement being taken.
number of breached offence sanctions 21 Breach of Regulation 3(1) of the Petroleum Products Pricing Regulations 2000 3 respondents were provided with educational advice 18 formal warning letters issued to respondents 2 Breach of Regulation 6 of the Petroleum Products Pricing Regulations 2000 1 respondent was provided with educational advice 1 formal warning letter issued to the respondent 1 Breach of Sections 22B and 22D of the Petroleum Products Pricing Act 1983 1 formal warning letter issued to the respondent (b) Decisions are made on a case-by-case basis, and the nature of sanctions imposed is dependent, amongst other things, on the previous conduct of the respondent. Generally, the Department's approach to enforcement in this area is as follows. In response to initial breaches, the retailer will receive educational advice or a formal warning letter. If the offence is repeated during a 12 month period, infringement notices are issued. If the offence is repeated yet again during the 12 month period the retailer will be prosecuted. In some cases there may be aggravating, mitigating, or other circumstances, which could lead to a different approach to enforcement being taken.
18 formal warning letters issued to respondents
1 formal warning letter issued to the respondent
(b) Decisions are made on a case-by-case basis, and the nature of sanctions imposed is dependent, amongst other things, on the previous conduct of the respondent. Generally, the Department's approach to enforcement in this area is as follows. In response to initial breaches, the retailer will receive educational advice or a formal warning letter. If the offence is repeated during a 12 month period, infringement notices are issued. If the offence is repeated yet again during the 12 month period the retailer will be prosecuted. In some cases there may be aggravating, mitigating, or other circumstances, which could lead to a different approach to enforcement being taken.
(a) Details of the breaches are listed in the following table. number of breached offence sanctions 21 Breach of Regulation 3(1) of the Petroleum Products Pricing Regulations 2000 3 respondents were provided with educational advice 18 formal warning letters issued to respondents 2 Breach of Regulation 6 of the Petroleum Products Pricing Regulations 2000 1 respondent was provided with educational advice 1 formal warning letter issued to the respondent 1 Breach of Sections 22B and 22D of the Petroleum Products Pricing Act 1983 1 formal warning letter issued to the respondent (b) Decisions are made on a case-by-case basis, and the nature of sanctions imposed is dependent, amongst other things, on the previous conduct of the respondent. Generally, the Department's approach to enforcement in this area is as follows. In response to initial breaches, the retailer will receive educational advice or a formal warning letter. If the offence is repeated during a 12 month period, infringement notices are issued. If the offence is repeated yet again during the 12 month period the retailer will be prosecuted. In some cases there may be aggravating, mitigating, or other circumstances, which could lead to a different approach to enforcement being taken.
number of breached offence sanctions 21 Breach of Regulation 3(1) of the Petroleum Products Pricing Regulations 2000 3 respondents were provided with educational advice 18 formal warning letters issued to respondents 2 Breach of Regulation 6 of the Petroleum Products Pricing Regulations 2000 1 respondent was provided with educational advice 1 formal warning letter issued to the respondent 1 Breach of Sections 22B and 22D of the Petroleum Products Pricing Act 1983 1 formal warning letter issued to the respondent (b) Decisions are made on a case-by-case basis, and the nature of sanctions imposed is dependent, amongst other things, on the previous conduct of the respondent. Generally, the Department's approach to enforcement in this area is as follows. In response to initial breaches, the retailer will receive educational advice or a formal warning letter. If the offence is repeated during a 12 month period, infringement notices are issued. If the offence is repeated yet again during the 12 month period the retailer will be prosecuted. In some cases there may be aggravating, mitigating, or other circumstances, which could lead to a different approach to enforcement being taken.
18 formal warning letters issued to respondents
1 formal warning letter issued to the respondent
(b) Decisions are made on a case-by-case basis, and the nature of sanctions imposed is dependent, amongst other things, on the previous conduct of the respondent. Generally, the Department's approach to enforcement in this area is as follows. In response to initial breaches, the retailer will receive educational advice or a formal warning letter. If the offence is repeated during a 12 month period, infringement notices are issued. If the offence is repeated yet again during the 12 month period the retailer will be prosecuted. In some cases there may be aggravating, mitigating, or other circumstances, which could lead to a different approach to enforcement being taken.
AnswerView source ↗
Answered
12 June 2007
Responded by
Minister for Consumer Protection
Response time
35 days
(1) 21 fuel businesses were found to be in breach of the
Petroleum Products Pricing Act 1983
and associated Regulations on a total of 24 occasions from 1 January to 31 March 2007. None of these breaches have led to prosecution.
(a) Details of the breaches are listed in the following table.
number of breached
offence
sanctions
21
Breach of Regulation 3(1) of the
Petroleum Products Pricing Regulations 2000
3 respondents were provided with educational advice
18 formal warning letters issued to respondents
2
Breach of Regulation 6 of the
Petroleum Products Pricing Regulations 2000
1 respondent was provided with educational advice
1 formal warning letter issued to the respondent
1
Breach of Sections 22B and 22D of the
Petroleum Products Pricing Act 1983
1 formal warning letter issued to the respondent
(b) Decisions are made on a case-by-case basis, and the nature of sanctions imposed is dependent, amongst other things, on the previous conduct of the respondent. Generally, the Department's approach to enforcement in this area is as follows. In response to initial breaches, the retailer will receive educational advice or a formal warning letter. If the offence is repeated during a 12 month period, infringement notices are issued. If the offence is repeated yet again during the 12 month period the retailer will be prosecuted. In some cases there may be aggravating, mitigating, or other circumstances, which could lead to a different approach to enforcement being taken.
Petroleum Products Pricing Act 1983
and associated Regulations on a total of 24 occasions from 1 January to 31 March 2007. None of these breaches have led to prosecution.
(a) Details of the breaches are listed in the following table.
number of breached
offence
sanctions
21
Breach of Regulation 3(1) of the
Petroleum Products Pricing Regulations 2000
3 respondents were provided with educational advice
18 formal warning letters issued to respondents
2
Breach of Regulation 6 of the
Petroleum Products Pricing Regulations 2000
1 respondent was provided with educational advice
1 formal warning letter issued to the respondent
1
Breach of Sections 22B and 22D of the
Petroleum Products Pricing Act 1983
1 formal warning letter issued to the respondent
(b) Decisions are made on a case-by-case basis, and the nature of sanctions imposed is dependent, amongst other things, on the previous conduct of the respondent. Generally, the Department's approach to enforcement in this area is as follows. In response to initial breaches, the retailer will receive educational advice or a formal warning letter. If the offence is repeated during a 12 month period, infringement notices are issued. If the offence is repeated yet again during the 12 month period the retailer will be prosecuted. In some cases there may be aggravating, mitigating, or other circumstances, which could lead to a different approach to enforcement being taken.
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