The Oilcode and Western Australian legislation

With the commencement of the Trade Practices (Industry Codes—Oilcode) Regulations 2006 (the Oilcode) on 1 March 2007, some participants in the downstream retail petroleum industry in Western Australia will have rights and responsibilities with respect to terminal gate pricing (TGP) under the Oilcode and existing state legislation, the Petroleum Products Pricing Act 1983 (WA) and the Petroleum Products Pricing Regulations 2000 (WA).

The TGP provisions in the Act and the Oilcode are similar legislative regimes. However, in a number of areas the requirements are, while similar, not identical. In these areas parties will need to comply with the more prescriptive law.

The ACCC view is that parties can comply with both the Oilcode and the Western Australian legislation. However, industry participants to whom both apply should seek their own legal advice if they are in doubt about compliance with either or both regimes.