Australian Institute of Petroleum

Summary

The Australian Institute of Petroleum (AIP) seeks authorisation on behalf of itself, its current oil refiner members, and future parties to discuss, enter into, or give effect to, any contract, arrangement, or understanding between them (including with customers for wholesale fuel, suppliers of crude oil and finished fuel products, suppliers of import and storage facilities, and suppliers of trucking and delivery services) with the broad purpose of ensuring the security of supply of fuel products and facilitating the efficient use of refining capacity and fuel storage capacity in Australia during and after the COVID-19 pandemic.

AIP seeks authorisation for 12 months from the date of the ACCC’s final determination.

On 3 April 2020, the ACCC granted interim authorisation, subject to conditions which broadly required that:

  • AIP must notify the ACCC of any material arrangements
  • the ACCC may request information from AIP, and
  • any other parties wishing to obtain the protection of interim authorisation must be approved by the ACCC.

On 20 May 2020, the ACCC revoked and replaced the interim authorisation. The new interim authorisation requires that:

  • AIP must report to the ACCC on each meeting conducted pursuant to the authorisation and any implementation or operational activities subsequently undertaken by authorised parties
  • the ACCC may request information from AIP or any other authorised party, and
  • any other parties wishing to obtain the protection of interim authorisation must be approved by the ACCC.

The ACCC consulted with interested parties on the following two points:

  1. If you have been directly impacted by the conduct under the interim authorisations granted by the ACCC on 3 April 2020 and 20 May 2020, what is your experience to date?
  2. Do you have any comments on the likely public benefits and detriments, whether the ACCC should authorise the conduct for 12 months, and whether any additional conditions should be placed on the authorisation?

We are interested in hearing from you at any time during the ACCC’s assessment process in relation to point 1. Consultation on point 2 ended on 1 May 2020.

An indicative timetable is set out below for your information:

2 April 2020

Lodgement of application, including request for interim authorisation

3 April 2020

Interim decision

14 April 2020

Public consultation process begins

1 May 2020

Closing date for submissions on the substantive application for authorisation from interested parties

20 May 2020

Interim authorisation is revoked and replaced

June 2020

Applicant responds to issues raised in the public consultation process

July 2020

Draft determination

July 2020

Public consultation on draft determination

September 2020

Final determination

Further detail is contained in the application for authorisation and the ACCC decision document, linked below.

Applicant(s)

  • Australian Institute of Petroleum

Authorisation number(s)

  • AA1000488-1

Applications

Document title Date

Consultations