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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Product
Stewardship (Oil) Bill 2000
No. ,
2000
(Environment and
Heritage)
A Bill for an Act to provide for
grants for the recycling of oils, and for related purposes
ISBN: 0642
438129
Contents
A Bill for an Act to provide for grants for the recycling
of oils, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Product Stewardship (Oil) Act
2000.
(1) Parts 1, 3 and 4 commence on the day on which this Act receives
the Royal Assent.
(2) Part 2 commences on the later of:
(a) 1 January 2001; and
(b) the day on which this Act receives the Royal Assent.
The objects of this Act are:
(a) to develop a product stewardship arrangement for waste oils;
and
(b) to ensure the environmentally sustainable management, re-refining and
reuse of waste oil; and
(c) to support economic recycling options for waste oil.
This Act extends to all the external Territories.
This Act binds the Crown in right of each of the States, of the
Australian Capital Territory, of the Northern Territory and of Norfolk Island.
However, it does not make the Crown liable to be prosecuted for an
offence.
(1) In this Act, unless the contrary intention appears:
Advisory Council means the Oil Stewardship Advisory Council
established by section 11.
Australia includes all the Territories.
Department means the Department responsible for the
administration of the Environment Protection and Biodiversity Conservation
Act 1999.
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.
waste oil means any oil that has been used and that, as a
result of such use, is contaminated by physical or chemical
impurities.
(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.
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.
(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.
(2) For the purposes of subsection (1), if you make a
claim:
(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.
(1) You are entitled to a product stewardship (oil) benefit for the sale
or consumption of recycled oil that you have recycled in Australia.
(2) However, you are not entitled to a product stewardship (oil) benefit
for the sale or consumption of recycled oil 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.
(1) If you are entitled to a product stewardship (oil) benefit in respect
of the sale or consumption of recycled oil during a claim period, the amount of
the product stewardship (oil) benefit for the claim period is worked out in
accordance with the regulations.
(2) Without limiting the matters that may be taken into account under
regulations made for the purposes of subsection (1), 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.
(3) To avoid doubt:
(a) the regulations may provide that no benefit is payable in respect of
oil 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 may be a nil amount.
(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 related to the recycling of
oils.
The Minister may also take into consideration any relevant recommendation
made to the Minister by the Advisory Council.
The Oil Stewardship Advisory Council is established by this
section.
The functions of the Advisory Council are:
(a) to advise the Minister on the product stewardship arrangements for
oils; and
(b) to advise the Minister in relation to the recovery and recycling of
waste oil; and
(c) to advise the Minister in relation to regulations under
section 10 (working out the amount of product stewardship benefits);
and
(d) to advise the Minister on the state of the oil production and oil
recycling industries; and
(e) to give the Minister advice on such other matters as are specified by
the Minister; and
(f) to perform such other functions as are conferred on the Advisory
Council by this Act or any other Act.
(1) The Advisory Council consists of such number of members, not being
fewer than 10, as the Minister from time to time determines.
(2) Subject to section 24, the performance of a function of the
Advisory Council is not affected by a vacancy or vacancies in the Advisory
Council’s membership.
(3) The performance of a function of the Advisory Council is not affected
by the fact that the Advisory Council’s membership does not include any
members who are appointed to represent a particular body, group of bodies or
community referred to in subsection 14(2).
(1) Members are to be appointed by the Minister by written
instrument.
(2) The Minister must ensure that the membership includes the members
representing the following:
(a) the Commissioner;
(b) the Commonwealth;
(c) a national organisation representing oil producers;
(d) a national organisation representing oil recyclers;
(e) the users of recycled oils;
(f) the body known as the Australian and New Zealand Environment and
Conservation Council;
(g) local government;
(h) a national consumer organisation;
(i) a national non-governmental organisation that has a substantial
interest in sustainable industry.
(3) The Minister must ensure that a majority of the members are not
persons employed by the Commonwealth or Commonwealth agencies.
(1) Subject to subsection (2), the Minister must appoint as the Chair
of the Advisory Council one of the members who possesses commercial or business
experience that the Minister thinks relevant to the performance of the Advisory
Council’s functions.
(2) The Minister must not appoint as the Chair a member who is employed by
the Commonwealth or a Commonwealth agency.
(3) Subject to subsection (4), the member appointed as the Chair
holds the office of Chair until the end of his or her term of office as a member
that is current at the time of his or her appointment.
(4) The member so appointed ceases to be the Chair if he or she:
(a) ceases to be a member; or
(b) resigns the office of Chair by written notice delivered to the
Minister.
(5) A person is eligible to be re-appointed as the Chair.
A member:
(a) is to be appointed on a part-time basis; and
(b) holds office for such period (not exceeding 3 years) as is specified
in the instrument of appointment.
A member holds office on such terms and conditions (if any) in relation
to matters not provided for by this Act as are determined by the Minister in
writing.
(1) Members are to be paid such remuneration as is determined by the
Remuneration Tribunal but, if no determination of that remuneration by the
Tribunal is in operation, are to be paid such remuneration as is
prescribed.
(2) A member is to be paid such allowances as are prescribed.
(3) This section has effect subject to the Remuneration Tribunal Act
1973.
(1) The Minister may grant leave of absence to the Chair on such terms and
conditions as to remuneration or otherwise as the Minister considers
appropriate.
(2) The Chair may grant leave of absence to another member on such terms
and conditions as to remuneration or otherwise as the Chair considers
appropriate.
A member may resign by written notice delivered to the
Minister.
(1) The Minister may terminate a member’s appointment for
misbehaviour or physical or mental incapacity.
(2) The Minister may terminate a member’s appointment if the
member:
(a) becomes bankrupt, applies to take the benefit of any law for the
relief of bankrupt or insolvent debtors, compounds with creditors or makes an
assignment of remuneration for their benefit; or
(b) fails, without reasonable excuse, to comply with an obligation imposed
by subsection 27(3) or section 29; or
(c) is absent, except on leave of absence granted under section 19,
from 3 consecutive meetings of the Advisory Council; or
(d) if the member was appointed to represent one or more of the bodies,
groups of bodies or communities referred to in subsection 14(2)—ceases,
because of a change in employment, residence or other circumstances, to be, in
the Minister’s opinion, an appropriate representative of such a body,
groups of bodies or community that he or she was appointed to
represent.
(1) Subject to subsection (2), the Advisory Council must hold such
meetings as are necessary for the efficient performance of its
functions.
(2) The Advisory Council must hold at least one meeting every 12
months.
(3) The Chair:
(a) may convene a meeting at any time; and
(b) must convene a meeting on receipt of a written request from at least 5
other members.
(4) The Minister may convene a meeting at any time.
(1) The Chair is to preside at all meetings at which he or she is
present.
(2) If the Chair is not present, the members present must elect one of
their number to preside.
At a meeting, a majority of members, or 6 members, whichever is the
greater, form a quorum.
(1) Questions arising at a meeting are to be decided by a majority of
votes of the members present and voting.
(2) The member presiding has a deliberative vote, and, if necessary, also
has a casting vote.
The Advisory Council may, subject to this Division, determine the
procedure at meetings.
(1) If a majority of the members sign a document containing a statement
that they are in favour of a resolution in terms set out in the document, a
resolution in those terms is taken to have been passed at a duly constituted
meeting held:
(a) on the day the document was signed; or
(b) if the members sign the document on different days—on the last
of those days.
(2) For the purposes of subsection (1), 2 or more separate documents
containing statements in identical terms each of which is signed by one or more
members are together taken to be one document containing a statement in those
terms signed by those members on the respective days on which they signed the
separate documents.
(3) If the resolution is about a matter in which a member would, for the
purposes of section 29, be taken to have an interest, the member:
(a) must not sign a document containing a statement in favour of the
resolution; and
(b) must disclose the nature of the interest to the Chair.
(4) Any member to whom subsection (3) applies in connection with the
resolution is taken not to be a member for the purposes of calculating the
number of members that would constitute a majority under subsection (1) in
connection with the resolution.
The Advisory Council must keep minutes of its meetings and records of
resolutions passed in accordance with section 27.
(1) A member who has a direct or indirect pecuniary interest in a matter
being considered or about to be considered at a meeting must, as soon as
possible after the relevant facts have come to the member’s knowledge,
disclose the nature of the interest at a meeting.
(2) The disclosure is to be recorded in the minutes of the meeting and, if
the Advisory Council so determines, the member must not:
(a) be present during any deliberation of the Advisory Council with
respect to the matter; or
(b) take part in any decision of the Advisory Council with respect to the
matter.
(3) For the purposes of the Advisory Council making such a determination,
any member who has a direct or indirect pecuniary interest in the matter to
which the disclosure relates must not:
(a) be present during any deliberation of the Advisory Council for the
purposes of making the determination; or
(b) take part in the making of the determination.
(4) The Minister may direct the Advisory Council not to make, or to
rescind, a determination under subsection (2).
The Advisory Council may invite a person to attend a meeting:
(a) as an observer; or
(b) to advise or inform the Advisory Council on any matter.
A member is not liable to an action or other proceeding for damages for
or in relation to an act done or omitted to be done in good faith in the
performance or purported performance of any function, or in the exercise or
purported exercise of any power, of the Advisory Council.
(1) Administrative assistance required for the purposes of the Advisory
Council is to be provided by staff members of the Department.
(2) The Department is to provide such money as is necessary for the
performance of the functions of the Advisory Council.
(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.
(2) A delegate is, in the exercise of a power delegated under
subsection (1), subject to the directions of the Secretary.
(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.
(2) A delegate is, in the exercise of a power delegated under
subsection (1), subject to the directions of the 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.
(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.
(2) The persons who undertake such a review must give the Minister a
written report of the review.
(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.
(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.
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.