Transport Affordability Amendment Bill 2026*

An Act to amend the Fair Trading Act 1989, the Fair Trading (Fuel Price Board) Regulation 2017, the Fair Trading (Fuel Price Reporting) Regulation 2018 and the Transport Operations (Passenger Transport) Act 1994 for particular purposes

1Short title

This Act may be cited as the Transport Affordability Amendment Act 2026.

2Commencement

Parts 2 to 4 commence on the day that is 6 months after the date of assent or on an earlier day fixed by proclamation.

3Act amended

This part amends the Fair Trading Act 1989.

4Amendment of s 5 (Definitions)

Section 5—
insert—

fuel see section 75.

fuel price, for a type of fuel, see section 75.

fuel price notice see section 76(1).

fuel retailer see section 74.

reduced price see section 78(1).

reduced price notice see section 78(2).

relevant period, for a fuel price notice given to the commissioner by a fuel retailer, see section 75.

service station see section 75.

stated price, for a fuel price notice, for part 3C, see section 76(1)(a).

5Insertion of new pt 3C

After part 3B—
insert—

Part 3C Fairer fuel pricing

Division 1 Preliminary

74Application of part

This part applies to a person (a fuel retailer) who, in the course of business, offers a type of fuel for retail sale at a service station.

75Definitions for part

In this part—

fuel means—

(a)fuel within the meaning of the Fuel Quality Standards Act 2000 (Cwlth); or

(b)hydrogen.

fuel price, for a type of fuel, means the price at which fuel of that type is available for retail sale without any discount being applied in any way.

fuel price notice see section 76(1).

fuel retailer see section 74.

reduced price see section 78(1).

reduced price notice see section 78(2).

relevant period, for a fuel price notice given to the commissioner by a fuel retailer, means the 24-hour period—

(a)starting at the beginning of the day after the notice was given; and

(b)ending at the end of the day after the notice was given.

service station means a place where fuel is supplied for retail sale, other than a place where the primary business being conducted is the hiring, leasing or selling of motor vehicles.

stated price, for a fuel price notice, see section 76(1)(a).

Division 2 Notices and pricing limitations

76Requirement to give daily fuel price notices

(1)The fuel retailer must, at the time mentioned in subsection (2), give the commissioner a written notice (a fuel price notice) stating the following matters—

(a)the price (the stated price) at which the type of fuel will be offered for retail sale, without a discount being applied in any way, during the relevant period for the notice;

(b)the relevant period;

(c)the fuel retailer’s name;

(d)the address of the service station at which the fuel will be offered for sale;

(e)if applicable, the trading name of the service station at which the fuel will be offered for sale.

Maximum penalty—20 penalty units.

(2)The fuel price notice must be given no later than 2p.m. on the day before the fuel retailer offers the type of fuel for retail sale.

77No increase in fuel price during relevant period

(1)This section applies during the relevant period for a fuel price notice, for the type of fuel, given to the commissioner by the fuel retailer.

(2)The fuel retailer must not offer the type of fuel for retail sale at a price, whether or not a discount is applied in any way, that is more than the lower of the following amounts—

(a)the stated price;

(b)if the fuel retailer gives the commissioner a reduced price notice—the reduced price or, if more than 1 reduced price notices is given to the commissioner, the lowest reduced price.

Maximum penalty—20 penalty units.

78Reduced price—requirement to give reduced price notice during relevant period

(1)This section applies if, during the relevant period for a fuel price notice, the fuel retailer offers fuel for retail sale, without a discount being applied in any way, at a price (a reduced price) that is less than—

(a)the stated price; or

(b)if the fuel retailer gives the commissioner a reduced price notice—the price stated in the reduced price notice.

(2)The fuel retailer must, within 30 minutes after the retailer offers the fuel for sale at the reduced price, give the commissioner a written notice (a reduced price notice) stating the following matters—

(a)the reduced price;

(b)the fuel retailer’s name;

(c)the address of the service station at which the fuel will be offered for sale at the reduced price;

(d)if applicable, the trading name of the service station at which the fuel will be offered for sale at the reduced price.

Maximum penalty—20 penalty units.

79Limiting fuel price increase between relevant periods

The fuel retailer must not state, in a fuel price notice, a price that represents an increase of more than 5c/L from—

(a)the price stated in the previous fuel price notice given by the fuel retailer for the same type of fuel; or

(b)if, during the relevant period for the fuel price notice mentioned in paragraph (a), the fuel retailer gave the commissioner a reduced price notice—the reduced price, or if more than 1 reduced price notice was given to the commissioner, the lowest reduced price.

Maximum penalty—20 penalty units.

6Regulation amended

This part amends the Fair Trading (Fuel Price Board) Regulation 2017.

7Amendment of s 5 (Display of increase in normal fuel price)

Section 5, ‘normal’—
omit.

8Amendment of s 6 (Display of decrease in normal fuel price)

Section 6, ‘normal’—
omit.

9Amendment of sch 1 (Dictionary)

(1)Schedule 1, definitions fuel, fuel retailer, normal fuel price and service station—
omit.

(2)Schedule 1, definition fuel pump display, ‘normal’—
omit.

10Regulation amended

This part amends the Fair Trading (Fuel Price Reporting) Regulation 2018.

11Amendment of s 3 (Definitions)

Section 3, definitions fuel, normal fuel price, responsible fuel retailer and service station—
omit.

12Amendment of s 5 (Application of division)

Section 5, ‘responsible’—
omit.

13Replacement of s 6 (Reporting information using aggregation system)

Section 6—
omit, insert—

6Reporting information using aggregation system

(1)This section applies if a fuel retailer gives the commissioner either of the following (each a notice)—

(a)a fuel price notice;

(b)a reduced price notice.

(2)The fuel retailer must ensure the information stated in the notice is entered into the aggregation system within the period mentioned in subsection (3).

Maximum penalty—20 penalty units.

(3)The period for subsection (2) is 30 minutes after the notice is given to the commissioner.

14Amendment of s 7 (Reporting for fuel temporarily unavailable)

Section 7(2), ‘responsible’—
omit.

15Amendment of s 8 (Defences for failing to comply)

Section 8, ‘responsible’—
omit.

16Act amended

This part amends the Transport Operations (Passenger Transport) Act 1994.

17Insertion of new s 145

After section 144—
insert—

145Legislative Assembly to approve particular fare changes

(1)This section applies if the chief executive proposes to change a fare for the use of a 50c service.

(2)The chief executive may change the fare for the use of the 50c service only if the Legislative Assembly has, on a motion of which at least 28 days notice has been given, passed a resolution approving the change of fare.

(3)In this section—

50c service means a general route service provided under a service contract for which the fare at the commencement is 50c.