13. Governor to have right of pre-emption of petroleum in emergency
(1) Upon the Governor proclaiming a state of national or State emergency, the Governor shall have the right of pre-emption of all petroleum produced by a licensee and of all the products of such petroleum; and in the event of the Governor exercising such right, the licensee concerned shall take all reasonable steps to facilitate the delivery of the petroleum or products thereof, as the Governor may direct.
(2) No licensee shall sell or otherwise dispose of petroleum produced by him or the products thereof, without the written consent of the Minister.
Penalty: $10 000.
(3) Any sale or other disposition of petroleum or the products thereof made in contravention of subsection (2) shall, as against the Governor when exercising the right conferred by subsection (1), be null and void.
(4) The price to be paid for petroleum or products thereof purchased by the Governor pursuant to the right of pre-emption conferred by subsection (1) shall, failing mutual agreement between the Minister and the vendor, be determined by arbitration under the provisions of the Commercial Arbitration Act 1985.
[Section 13 amended by No. 12 of 1990 s.8.]