PRODUCT STEWARDSHIP (OIL) ACT 2000

PART 1 - PRELIMINARY  

SECTION 1   1   SHORT TITLE  
This Act may be cited as the Product Stewardship (Oil) Act 2000.

SECTION 2   COMMENCEMENT  

2(1)  
Parts 1, 3 and 4 commence on the day on which this Act receives the Royal Assent.

2(2)  
Part 2 commences on the later of:


(a) 1 January 2001; and


(b) the day on which this Act receives the Royal Assent.

SECTION 3   3   OBJECTS  
The objects of this Act are:


(a) to develop a product stewardship arrangement for used oils; and


(b) to ensure the environmentally sustainable management, re-refining and reuse of used oil; and


(c) to support economic recycling options for used oil.

SECTION 4   4   EXTENSION TO EXTERNAL TERRITORIES  
This Act extends to all the external Territories.

SECTION 4A   ALTERNATIVE CONSTITUTIONAL BASIS  

4A(1)  
Without limiting its effect apart from this section, this Act also has effect as provided by this section.

4A(2)  
This Act also has the effect it would have if its operation in relation to product stewardship (oil) benefits were expressly confined to an operation limited to product stewardship (oil) benefits in relation to external affairs.

4A(3)  
This Act also has the effect it would have if its operation in relation to product stewardship (oil) benefits were expressly confined to an operation limited to product stewardship (oil) benefits in relation to taxation.

SECTION 5   5   STATES AND TERRITORIES ARE BOUND  
This Act binds the Crown in right of each of the States, of the Australian Capital Territory and of the Northern Territory. However, it does not make the Crown liable to be prosecuted for an offence.

SECTION 6   DEFINITIONS  

6(1)  


In this Act, unless the contrary intention appears:

Advisory Council
(Repealed by No 4 of 2018)

Australia
includes all the Territories.

Department
means the Department responsible for the administration of the Environment Protection and Biodiversity Conservation Act 1999.

gazetted oil
means oil of a kind that is declared by the Minister, by notice published in the Gazette, to be gazetted oil.

gazetted use
, in relation to gazetted oil, means a use of the oil that is declared by the Minister, by notice published in the Gazette, to be a gazetted use, being:


(a) a use in the manufacture of a product:


(i) that will not permit the oil to be recycled; and

(ii) that constitutes only a low risk to the environment; or


(b) a use in a process:


(i) that will not permit the oil to be recycled; and

(ii) that constitutes only a low risk to the environment.

Minister
means the Minister responsible for the administration of the Environment Protection and Biodiversity Conservation Act 1999.

oils
: the following are oils:


(a) petroleum based oils (including lubricant base oils; prepared lubricant additives containing carrier oils; lubricants for engines, gear sets, pumps and bearings; greases; hydraulic fluids; brake fluids; transmission oils; and transformer and heat transfer oils);


(b) synthetic equivalents of goods covered by paragraph (a);


(c) any other goods prescribed for the purposes of this definition.

product stewardship (oil) benefit
means a grant payable under this Act.

recycled oil
means:


(a) goods produced from used oil; or


(b) used oil that has been restored to its former state.

recycling of oils
means:


(a) the production of goods from used oils; or


(b) the restoring of used oils to their former state.

used oil
means any oil that has been used and that, as a result of such use, is contaminated by physical or chemical impurities.

voting member
(Repealed by No 4 of 2018)

6(2)  
An expression used in this Act that is also used in the Product Grants and Benefits Administration Act 2000 has the same meaning as in that Act, unless the contrary intention appears.

SECTION 7   7   COMMISSIONER HAS GENERAL ADMINISTRATION OF THIS ACT  
The Commissioner has the general administration of this Act.

Note:

An effect of this provision is that the Taxation Administration Act 1953 applies to this Act as a taxation law. This means, for example, that people who acquire information under this Act are subject to the confidentiality obligations and exceptions in Division 355 in Schedule 1 to the Taxation Administration Act 1953.

PART 2 - ENTITLEMENT TO PRODUCT STEWARDSHIP (OIL) BENEFITS  

SECTION 8   REGISTRATION MUST PRECEDE A CLAIM FOR PRODUCT STEWARDSHIP (OIL) BENEFIT  

8(1)  
Despite the other provisions of this Part, you are not entitled to a product stewardship (oil) benefit unless you were registered for entitlement to product stewardship (oil) benefits when you made a claim for payment of the product stewardship (oil) benefit.

Note:

You register for product stewardship (oil) benefits under the Product Grants and Benefits Administration Act 2000.

8(2)  


For the purposes of subsection (1), if you make a claim in respect of an entitlement that is referred to in subsection 9(1):


(a) after, or at the same time as, you apply for registration; but


(b) before you are registered;

the claim is taken to have been made immediately after you are registered.

8(3)  


For the purposes of subsection (1), if you make a claim in respect of an entitlement referred to in subsection 9(3):


(a) after the introduction into the Parliament of the Bill for the Product Stewardship (Oil) Legislation Amendment Act (No 1) 2003; but


(b) before you are registered;

the claim is taken to have been made immediately after you are registered.

SECTION 9   ENTITLEMENT TO PRODUCT STEWARDSHIP (OIL) BENEFITS  

9(1)  
You are entitled to a product stewardship (oil) benefit for the sale or consumption of recycled oil that you have recycled in Australia.

9(2)  


However, you are not entitled to a product stewardship (oil) benefit for the sale or consumption of recycled oil referred to in subsection (1) before the later of:


(a) the commencement of this section; and


(b) the date on which you applied for registration, in relation to product stewardship (oil) benefit, under the Product Grants and Benefits Administration Act 2000.

9(3)  


You are entitled to a product stewardship (oil) benefit for the consumption in Australia of gazetted oil for a gazetted use.

9(4)  


However, you are not entitled to a product stewardship (oil) benefit for the consumption of gazetted oil for a gazetted use before the introduction into the Parliament of the Bill for the Product Stewardship (Oil) Legislation Amendment Act (No 1) 2003.

SECTION 10   AMOUNTS OF PRODUCT STEWARDSHIP (OIL) BENEFIT  

10(1)  


If you are entitled to a product stewardship (oil) benefit in respect of the sale or consumption of recycled oil, or the consumption of gazetted oil for a gazetted use, during a claim period, the amount of the product stewardship (oil) benefit for the claim period is worked out in accordance with the regulations.

10(2)  


Without limiting the matters that may be taken into account under regulations made for the purposes of subsection (1) in respect of the sale or consumption of recycled oil, the matters may include:


(a) the volume of the recycled oil that you sold or consumed; and


(b) the quality of the recycled oil that you sold or consumed; and


(c) the use of, or intended use for, the recycled oil.

10(2A)  


Without limiting the matters that may be taken into account under regulations made for the purposes of subsection (1) in relation to the consumption of gazetted oil for a gazetted use, the matters may include:


(a) the volume of the gazetted oil that you consumed for that use; and


(b) the quality of the gazetted oil that you consumed for that use; and


(c) particulars of the gazetted use to which you put the gazetted oil.

10(3)  
To avoid doubt:


(a) the regulations may provide that no benefit is payable in respect of recycled oil (including gazetted oil obtained through recycling) that is to undergo further recycling before it is to be sold to the end user or consumed; and


(b) the amount of a benefit in respect of the sale or consumption of recycled oil, or of gazetted oil for a gazetted use, may be a nil amount.

10(4)  


Before the Governor-General makes a regulation under subsection (1), the Minister must take into consideration:


(a) the total amount that it is estimated will be collected under relevant items in the Customs Tariff Act 1995 and the Excise Tariff Act 1921 in the relevant period; and


(b) any relevant environmental matters relating to the recycling of oils or to the use of gazetted oil.

10(5)  


Despite section 14 of the Legislation Act 2003, regulations made for the purposes of subsection (1) may apply, adopt or incorporate any matter contained in a written instrument specifying:


(a) oil testing methods; or


(b) standards for the accreditation of laboratories undertaking oil testing;

as in force or existing from time to time.

PART 3 - THE OIL STEWARDSHIP ADVISORY COUNCIL  

Division 1 - Establishment and functions of the Oil Stewardship Advisory Council  

SECTION 11   11   ESTABLISHMENT  
(Repealed by No 4 of 2018)

SECTION 12   12   FUNCTIONS  
(Repealed by No 4 of 2018)

Division 2 - Membership of the Advisory Council  

SECTION 13   13   CONSTITUTION  
(Repealed by No 4 of 2018)

SECTION 14   14   APPOINTMENT OF MEMBERS  
(Repealed by No 4 of 2018)

SECTION 15   15   CHAIR  
(Repealed by No 4 of 2018)

SECTION 16   16   TERMS OF OFFICE  
(Repealed by No 4 of 2018)

SECTION 17   17  TERMS AND CONDITIONS OF APPOINTMENT  
(Repealed by No 4 of 2018)

SECTION 18   18   REMUNERATION AND ALLOWANCES  
(Repealed by No 4 of 2018)

SECTION 19   19   LEAVE OF ABSENCE  
(Repealed by No 4 of 2018)

SECTION 20   20   RESIGNATION  
(Repealed by No 4 of 2018)

SECTION 21   21   TERMINATION OF APPOINTMENT  
(Repealed by No 4 of 2018)

Division 3 - Meetings of the Advisory Council  

SECTION 22   22   CONVENING MEETINGS  
(Repealed by No 4 of 2018)

SECTION 23   23   PRESIDING AT MEETINGS  
(Repealed by No 4 of 2018)

SECTION 24   24   QUORUM  
(Repealed by No 4 of 2018)

SECTION 25   25   VOTING AT MEETINGS  
(Repealed by No 4 of 2018)

SECTION 26   26   CONDUCT OF MEETINGS  
(Repealed by No 4 of 2018)

SECTION 27   27   RESOLUTIONS WITHOUT MEETINGS  
(Repealed by No 4 of 2018)

SECTION 28   28   RECORDS RELATING TO MEETINGS  
(Repealed by No 4 of 2018)

SECTION 29   29   DISCLOSURE OF INTERESTS  
(Repealed by No 4 of 2018)

SECTION 30   30   PERSONS MAY BE INVITED TO ATTEND MEETINGS  
(Repealed by No 4 of 2018)

Division 4 - Miscellaneous  

SECTION 31   31   PROTECTION FROM CIVIL ACTIONS  
(Repealed by No 4 of 2018)

SECTION 32   32   ASSISTANCE FOR THE COUNCIL  
(Repealed by No 4 of 2018)

PART 4 - MISCELLANEOUS  

SECTION 33   DELEGATION BY SECRETARY  

33(1)  
The Secretary of the Department may, by writing, delegate to an SES employee or acting SES employee all or any of the functions and powers conferred on the Secretary by this Act.

33(2)  
A delegate is, in the exercise of a power delegated under subsection (1), subject to the directions of the Secretary.

SECTION 34   DELEGATION BY MINISTER  

34(1)  
The Minister may, by writing, delegate to:


(a) the Secretary of the Department; or


(b) an SES employee or acting SES employee;

all or any of the functions and powers conferred on the Minister by this Act.

34(2)  
A delegate is, in the exercise of a power delegated under subsection (1), subject to the directions of the Minister.

SECTION 35   35   ANNUAL REPORT BY MINISTER  
As soon as practicable after the end of each financial year, the Minister must cause to be laid before each House of the Parliament a report relating to:


(a) the operation of the product stewardship arrangements for oil (including this Act); and


(b) any other matters that the Minister thinks relevant.

SECTION 36   REVIEW OF OPERATION OF ACT  

36(1)  
The Minister must cause an independent review of:


(a) the operation of this Act; and


(b) relevant provisions of customs and excise legislation; and


(c) the extent to which the objects set out in section 3 have been achieved;

to be undertaken within 4 years after the commencement of this Act and thereafter at intervals of not longer than 4 years.

36(2)  
The persons who undertake such a review must give the Minister a written report of the review.

36(3)  
The Minister must cause a copy of each report to be tabled in each House of the Parliament within 15 sitting days of that House after its receipt by the Minister.

36(4)  
In this section:

independent review
means a review undertaken by 2 or more persons who:


(a) in the Minister's opinion possess appropriate qualifications to undertake the review; and


(b) include one or more persons who are not APS employees.

SECTION 37   37   REGULATIONS  
The Governor-General may make regulations prescribing matters:


(a) required or permitted by this Act to be prescribed; or


(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.