No. 18/1982:

FUELS (CONTROL OF SUPPLIES) ACT, 1982

ARRANGEMENT OF SECTIONS

Section

1. Definition.

2. Amendment of section 1 of Principal Act.

3. Amendment of section 3 of Principal Act.

4. Amendment of section 4 of Principal Act.

5. Repeal of section 5 of Principal Act.

6. Declaration by Government regarding control of acquisition, supply, distribution or marketing of fuels.

7. Powers of authorised officer to inspect premises, obtain information, etc.

8. Short title and collective citation.

ACTS REFERRED TO

Number 18 of 1982

FUELS (CONTROL OF SUPPLIES) ACT, 1982

AN ACT TO AMEND THE FUELS (CONTROL OF SUPPLIES) ACT, 1971 .

[21st July, 1982]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1.—In this Act "the Principal Act" means the Fuels (Control of Supplies) Act, 1971 .

2.—section 1 of the Principal Act is hereby amended by the substitution of the following paragraph for paragraph (v) of the definition of "petroleum oils":

"(v) in products storage tanks of refineries or of importing, stocking, wholesale or retail enterprises, or",

and that definition, as so amended, is set out in the Table to this section.

TABLE

"petroleum oils" includes the following—

( a ) crude oil,

( b ) liquified petroleum gas,

( c ) aviation gasoline,

( d ) gasoline-type jet fuel,

( e ) kerosene-type jet fuel,

( f ) motor spirit,

( g ) kerosenes,

( h ) light virgin naphtha,

( i ) gas diesel oil,

( j ) light fuel oil,

( k ) medium fuel oil,

( l ) heavy fuel oil,

and includes any of the above which are—

(i) on board oil-tankers in a port in the State awaiting unloading after completion of port formalities,

(ii) stored in an unloading port in the State,

(iii) contained in tanks at the entrance to pipe-lines,

(iv) in the crude oil storage tanks of refineries (other than in refinery pipes and processing installations),

(v) in products storage tanks of refineries or of importing, stocking, wholesale or retail enterprises, or

(vi) in barges and coastal vessels, whether in a port in the State or in the course of transportation from one place in the State to another such place.

3.—(1) The following subsection is hereby substituted for subsection (1) of section 3 of the Principal Act:

"(1) Where there is for the time being in force an order under section 2 of this Act the Minister may by order do all or any of the following things—

( a ) provide for the regulation or control of the acquisition, supply, distribution or marketing of the type or types of fuel to which the order under section 2 of this Act relates and, where the Minister so thinks proper, for the maintenance and provision of supplies of that type or those types (as the case may be) of fuel;

( b ) provide for the control, regulation, restriction or prohibition of the import or the export of the type or types of fuel to which the order under section 2 of this Act relates.".

(2) Section 3 of he Principal Act is hereby amended by the insertion of the following subsection after subsection (4):

"(4A) ( a ) The Minister may require a person to furnish to the Minister such information as is in the opinion of the Minister necessary in order to enable him to implement an order under this section and is specified in the requirement under this subsection.

( b ) A person who fails to comply with a requirement under this subsection shall, for the purposes of section 4 of this Act, be deemed to be a person who knowingly contravenes a provision in an order made by the Minister under this Act.".

4.—(1) The following subsection is hereby substituted for subsection (5) of section 4 of the Principal Act:

"(5) Every person who commits or is deemed to have committed an offence under this section shall—

( a ) on summary conviction, be liable to a fine not exceeding £800 or, at he discretion of the Court, to imprisonment for a term not exceeding twelve months or to both such fine and such imprisonment, or

( b ) on conviction on indictment, be liable to a fine not exceeding £100,000 or, at the discretion of the Court, to imprisonment for a term not exceeding ten years or to both such fine and such imprisonment.".

(2) section 4 of the Principal Act is hereby amended by the insertion after subsection (8) of the following subsections:

"(9) In a prosecution for an offence under this section the onus of proving that a contravention was not knowingly effected shall lie on the defendant.

(10) In this section 'contravenes' includes failure, refusal and neglect of compliance with, and cognate words shall be construed accordingly.".

5.—Section 5 of the Principal Act is hereby repealed.

6.—(1) The following section is hereby substituted for section 2 of the Principal Act:

"2.—(1) Whenever and so often as the Government are of the opinion that the exigencies of the common good necessitate the regulation or control by the Minister on behalf of the State of the acquisition, supply, distribution or marketing of fuels, the Government may by order so declare.

(2) An order under subsection (1) of this section may relate to one or more than one type of fuel.

(3) An order under subsection (1) of this section shall remain in force for such period (not exceeding twelve months from the making thereof) as the Government think proper and specify in the order, and shall then expire unless continued in force by an order made under subsection (4) of this section.

(4) Where

( a ) there is for the time being in force an order (in this subsection referred to as the principal order) under subsection (1) of this section declaring that the Government are of the opinion that the exigencies of the common good necessitate the regulation or control by the Minister on behalf of the State of the acquisition, supply, distribution or marketing of fuels, and

( b ) the Government are of the opinion that the exigencies of the common good still necessitate the regulation or control by the Minister on behalf of the State of the acquisition, supply, distribution or marketing of the type or types of fuel to which the principal order relates—

the following provisions shall have effect—

(i) the Government may by order (in this subsection referred to as a continuance order), made before the expiration of the principal order, continue the principal order in force for such period (not exceeding twelve months from the date on which the principal order would but for the continuance order expire) as the Government think proper and specify in the continuance order, and may thereafter from time to time by order (in this subsection also referred to as a continuance order), made before the expiration of the principal order under the last previous continuance order, continue the principal order in force for such period (not exceeding twelve months from the date on which the principal order would have expired under the last previous continuance order) as the Government think proper and specify in the continuance order,

(ii) if only one continuance order is made, the principal order shall continue in force until the expiration of the period for which it is continued in force by that continuance order, and shall then expire,

(iii) if two or more continuance orders are made, the principal order shall continue in force until the expiration of the period for which it is continued in force by the last of those continuance orders, and shall then expire.

(5) Every order made under this section shall, as soon as may be after it is made, be published in Iris Oifigiúil.".

(2) Notwithstanding anything in this section, an order made under section 2 of the Principal Act and in force at the passing of this Act shall remain in force as if it had been made under the said section 2 (as amended by this Act); provided that any such order shall expire on he date on which it would have expired but for this Act.

7.—(1) In this section "authorised officer" means a person appointed by the Minister by warrant of appointment to be an authorised officer for the purposes of this section.

(2) An authorised officer, on production of his warrant of appointment if so requested by any person affected, may—

( a ) at all reasonable times enter and inspect any premises or place,

( b ) require the occupant or any person whom the authorised officer has reasonable cause to believe to be employed in or at the premises or place to furnish such information as the authorised officer may reasonably request or to produce to him any records or other documents specified by him,

( c ) examine or inspect any such records or documents and take copies of them or of any entries in them.

(3) Any person who—

( a ) obstructs or impedes an authorised officer in the exercise of any of the powers conferred on him by this section,

( b ) refuses to produce any record or document which an authorised officer lawfully requires him to produce,

( c ) produces or causes to be produced or knowingly allows to be produced, to an authorised officer any record or document which is false in any material respect knowing it to be false, or

( d ) wilfully fails or refuses to comply with any lawful requirement of an authorised officer under subsection (1) (b) of this section.

shall be guilty of an offence, and shall be liable on summary conviction to a fine not exceeding £500 or, at the discretion of the Court, to imprisonment for a term not exceeding twelve months or to both such fine and such imprisonment.

(4) In any prosecution for an offence under this section it shall be presumed until the contrary is shown that a person who produced a warrant of appointment as an authorised officer was at all material times an authorised officer.

(5) A document purporting to he a warrant of appointment of an authorised officer shall be presumed to be such warrant until the contrary is shown.

8.—(1) This Act may be cited as the Fuels (Control of Supplies) Act, 1982 .

(2) The Principal Act and this Act may be cited together as the Fuels (Control of Supplies) Acts, 1971 and 1982.