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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Product
Stewardship (Oil) Legislation Amendment Bill (No. 1)
2003
No. ,
2003
(Environment and
Heritage)
A Bill for an Act to amend the
Product Stewardship (Oil) Act 2000, and for related
purposes
Contents
Product Stewardship (Oil) Act
2000 3
Product Grants and Benefits Administration Act
2000 6
A Bill for an Act to amend the Product Stewardship
(Oil) Act 2000, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Product Stewardship (Oil) Legislation
Amendment Act (No. 1) 2003.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, on the day or at the time specified in
column 2 of the table.
|
Commencement information |
||
|---|---|---|
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
1. Sections 1 to 3 and anything in this Act not elsewhere covered by
this table |
The day on which this Act receives the Royal Assent |
|
|
2. Schedules 1 and 2 |
A single day to be fixed by Proclamation, subject to
subsection (3) |
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table is for additional information that is not part
of this Act. This information may be included in any published version of this
Act.
(3) If a provision covered by item 2 of the table does not commence
within the period of 6 months beginning on the day on which this Act receives
the Royal Assent, it commences on the first day after the end of that
period.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
Product Stewardship (Oil)
Act 2000
1 Subsection 6(1)
Insert:
gazetted oil means oil of a kind that is declared by the
Minister, by notice published in the Gazette, to be gazetted
oil.
2 Subsection 6(1)
Insert:
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.
3 Subsection 8(2)
After “make a claim”, insert “in respect of an
entitlement that is referred to in subsection 9(1)”.
4 At the end of section 8
Add:
(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.
5 Subsection 9(2)
After “the sale or consumption of recycled oil”, insert
“referred to in subsection (1)”.
6 At the end of section 9
Add:
(3) You are entitled to a product stewardship (oil) benefit for the
consumption in Australia of gazetted oil for a gazetted use.
(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.
7 Subsection 10(1)
After “in respect of the sale or consumption of recycled oil”,
insert “, or the consumption of gazetted oil for a gazetted
use,”.
8 Subsection 10(2)
After “subsection (1)”, insert “in respect of the
sale or consumption of recycled oil”.
9 After subsection 10(2)
Insert:
(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 Paragraph 10(3)(a)
Omit “oil that is to undergo”, substitute “recycled oil
(including gazetted oil obtained through recycling) that is to
undergo”.
11 Paragraph 10(3)(b)
After “a benefit”, insert “in respect of the sale or
consumption of recycled oil, or of gazetted oil for a gazetted
use,”.
12 Paragraph 10(4)(b)
Repeal the paragraph, substitute:
(b) any relevant environmental matters relating to the recycling of oils
or to the use of gazetted oil.
Product Grants and Benefits
Administration Act 2000
1 Paragraph 9(3A)(a)
Repeal the paragraph, substitute:
(a) except in relation to registration for entitlement only for product
stewardship (oil) benefits under subsection 9(3) of the Product Stewardship
(Oil) Act 2000—are licensed to manufacture excisable goods under
Part IV of the Excise Act 1901; and
2 Paragraph 9(3A)(b)
Omit “satisfy any regulations”, substitute “except in
relation to registration for entitlement only to product stewardship (oil)
benefits under subsection 9(3) of the Product Stewardship (Oil) Act
2000—satisfy any regulations”.
3 Transitional provision
Any registration for entitlement to product stewardship (oil) benefits in
force under the Product Grants and Benefits Administration Act 2000
immediately before the commencement of items 1 and 2 of this Schedule
has effect, on and after that commencement, as if it extended to benefits under
subsection 9(3) of the Product Stewardship (Oil) Act 2000.