Explanatory Memorandum
(Circulated by authority of the Minister for the Environment and Heritage, Senator the Hon Robert Murray Hill)Product Stewardship (Oil) Bill - Part 2 - Entitlement to product stewardship (oil) benefits
Overview
2.1 You are entitled to a product stewardship benefit for the sale, or self-consumption, of oil that you have recycled if you satisfy the specified requirements. Under the operational provisions of Part 2 of the Product Stewardship (Oil) Bill registration is essential to enable a claim for a product stewardship benefit to be made [clause 8]. Matters to be considered in making a regulation concerning the amount of product stewardship benefit paid in a payment period are also in this part.
2.2 Claimants for benefits must be registered under the Product Grants and Benefits Administration Act 2000. Claimants must satisfy the registration requirements of that Act before a claim can be paid [clause 8].
2.3 You are entitled to a product stewardship benefit for the sale of recycled oil that you have recycled if you satisfy the specified requirements. You are also entitled to a benefit for recycled oil products that you consume yourself if you satisfy the specified requirements. Such a benefit is not an entitlement however before the later of the commencement of Part 2 and the date on which you applied for registration under Product Grants and Benefits Administration Act 2000 . [clause 9]
2.4 Regulations will be made to determine the amount of benefit payable (if any). If you are entitled to a product stewardship benefit, the amount of the benefit for the payment period is worked out in accordance with the regulations. The regulations may take into account, amongst other things, the volume and the quality of the recycled oil product sold (or consumed) and the intended use for the recycled oil product. [subclauses 10(1) and 10(2)]
2.5 It is intended that a benefit is claimable once only on a litre of oil that is recycled at the last point in the production chain when sold for use rather than further recycling production. This is to simplify the administrative and compliance issues associated with benefit payment and to eliminate 'rorting' of benefits by continuous or circular recycling of the same oil with benefits being paid repeatedly at each step in the recycling production chain. [subclause 10(3)]
2.6 Matters that must be taken into consideration by the Minister before framing a regulation include:
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- the total amount of money that is estimated to be collected in the relevant period under the relevant items in the Customs Tariff Act 1995 and the Excise Tariff Act 1921 ; and
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- any relevant environmental matters related to the recycling of oils. [subclause 10(4)]
2.7 When framing a regulation the Minister may also take into consideration any relevant recommendation made to the Minister by the Advisory Council (established in Part 3 ) [clause 10] .