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PRODUCT STEWARDSHIP (OIL) LEGISLATION AMENDMENT ACT (NO. 1) 2003 NO. 79, 2003 - SCHEDULE 1

- Amendment of the Product Stewardship (Oil) Act 2000

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.



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