The Petroleum Retailers Rights and Liabilities Act 1982 (WA) (PRRLA) was introduced in 1982 to increase the bargaining power of fuel retailer to better negotiate competitive prices for fuel supplies by giving retailers the rights to purchase up to 50 percent of their fuel supplies from suppliers other than their primary supplier and to use a franchisor’s storage and dispensing equipment for fuel purchased from other suppliers.

In 2001, amendments were made to the PRRLA to address issues identified with the Act and ensure that the rights in the PRRLA could be exercised.

The Department of Energy, Mines, Industry Regulation and Safety – Consumer Protection Division (Consumer Protection) has undertaken a review of the operation and effectiveness of the PRRLA.

The report on the statutory review of the PRRLA was tabled in Parliament on 11 October 2023.

Status: CLOSED 25 October 2023

Review purpose

The purpose of the review was to assess the Act’s relevance and appropriateness in meeting current and future consumer and industry needs.

Review findings

The statutory review of the PRRL Act found that since 2001 the use of the legislation has been minimal or non-existent.

The review identified changes in the regulatory environment, including the introduction of the Terminal Gate Pricing (TGP) system, introduced under amendments made to the Petroleum Products Pricing Act 1983 (WA) (the PPP Act) and the introduction of the Commonwealth Downstream Petroleum Reform Package (2006), as well as practical issues have contributed to the low usage of the PRRL Act. 

The review found PRRL Act no longer serves any useful purpose and recommended that the PRRLA be repealed. This is consistent with Government policy of repealing unnecessary or outdated legislation.

Stakeholder consultation

As part of the review, Consumer Protection wrote to fuel industry stakeholders, including individual fuel retailers seeking comment on whether the PRRL Act remains applicable to the marketplace and of use to fuel retailers. Only four stakeholders responded to the consultation.  Three out of the four stakeholders favoured repeal of the Act.

Approval to repeal the PRRL Act

In October 2023, Cabinet approved the repeal of the PRRL Act. In due course, a Bill will be introduced into Parliament to formally repeal the Act.

Contact

If you have any queries about the statutory review of the PRRLA, please contact Consumer Protection.