PRODUCT STEWARDSHIP (OIL) ACT 2000

Definition of "Advisory Council" repealed by No 4 of 2018, s 3 and Sch 2 item 1, effective 21 February 2018. The definition formerly read:

Advisory Council
means the Oil Stewardship Advisory Council established by section 11.

Definition of "oils" substituted by No 82 of 2020, s 3 and Sch 1 item 1, effective 8 September 2020. No 82 of 2020, s 3 and Sch 1 item 2 contain the following application and saving provisions:

2 Application and saving provisions  
(1)
The amendment made by this Schedule applies in relation to a claim for a product stewardship (oil) benefit that is made on or after the day the Bill for this Act was introduced into the House of Representatives in relation to:

(a) the sale or consumption of recycled oil that occurs on or after that day; or

(b) the consumption of gazetted oil that occurs on or after that day.

(2)
However, subitem (1) does not apply in relation to a claim that was determined by the Commissioner of Taxation before the commencement of this item.

(3)
The amendment made by this Schedule does not affect the validity of a notice referred to in the definition of gazetted oil or gazetted use in subsection 6(1) of the Product Stewardship (Oil) Act 2000 that was in force immediately before the commencement of this item.

The definition formerly read:

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.

Definition of "voting member" repealed by No 4 of 2018, s 3 and Sch 2 item 2, effective 21 February 2018. The definition formerly read:

voting member
means a member who is appointed on the basis of their knowledge of, or experience in, one or more of the areas referred to in subsection 14(2).

S 10(5) amended by No 4 of 2018, s 3 and Sch 2 item 3, by omitting "The Minister may also take into consideration any relevant recommendation made to the Minister by the Advisory Council." after para (b), effective 21 February 2018.

Pt 3 repealed by No 4 of 2018, s 3 and Sch 2 item 4, effective 21 February 2018. No 4 of 2018, s 3 and Sch 2 item 5 contains the following saving provision:

5 Saving provision - protection from civil actions  
5
Despite the repeal of Part 3 of the Product Stewardship (Oil) Act 2000, section 31 of that Act, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to an act done or omitted to be done before that commencement by a member of the Oil Stewardship Advisory Council.

Div 1 repealed by No 4 of 2018, s 3 and Sch 2 item 4, effective 21 February 2018. For saving provision, see note under Pt 3 heading.

S 11 repealed by No 4 of 2018, s 3 and Sch 2 item 4, effective 21 February 2018. For saving provision, see note under Pt 3 heading. S 11 formerly read:

SECTION 11 ESTABLISHMENT  
11
The Oil Stewardship Advisory Council is established by this section.

S 12 repealed by No 4 of 2018, s 3 and Sch 2 item 4, effective 21 February 2018. For saving provision, see note under Pt 3 heading. S 12 formerly read:

SECTION 12 FUNCTIONS  
12
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 used 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.

Div 2 repealed by No 4 of 2018, s 3 and Sch 2 item 4, effective 21 February 2018. For saving provision, see note under Pt 3 heading.

S 13 repealed by No 4 of 2018, s 3 and Sch 2 item 4, effective 21 February 2018. For saving provision, see note under Pt 3 heading. S 13 formerly read:

SECTION 13 CONSTITUTION  
13(1)
The Advisory Council consists of such number of members, not being fewer than 10, as the Minister from time to time determines.

13(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.

13(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:

(a) on the basis of their knowledge of, or experience in, a particular area referred to in subsection 14(2); or

(b) to represent the Commissioner or the Commonwealth in accordance with subsection 14(2B).

S 14 repealed by No 4 of 2018, s 3 and Sch 2 item 4, effective 21 February 2018. For saving provision, see note under Pt 3 heading. S 14 formerly read:

SECTION 14 APPOINTMENT OF MEMBERS  
14(1)
Members are to be appointed by the Minister by written instrument.

14(2)
The Minister must not appoint a person as a member of the Advisory Council (other than as a member mentioned in subsection (2B)) unless the Minister is satisfied that the person has knowledge of, or experience in, one or more of the following areas:

(a) broad waste management issues from a business perspective;

(b) research and development relevant to the product stewardship arrangements for oil;

(c) State or Territory government;

(d) local government;

(e) the non-government sector;

(f) national consumer issues;

(g) remote, including remote Indigenous, issues;

(h) oil production;

(i) used oil recycling;

(j) used oil collection.

14(2A)
In appointing members of the Advisory Council, the Minister must endeavour to constitute the Advisory Council so that it, as a whole, has knowledge and experience in as many areas mentioned in subsection (2) as is practicable.

14(2B)
The Minister must ensure that the membership of the Advisory Council includes:

(a) a person representing the Commissioner; and

(b) a person representing the Commonwealth.

14(2C)
If a person mentioned in subsection (2B) is unable to attend a meeting, the person may authorise a substitute to attend the meeting. The substitute must be an APS employee.

14(3)
The Minister must ensure that a majority of the members are not persons employed by the Commonwealth or Commonwealth agencies.

S 15 repealed by No 4 of 2018, s 3 and Sch 2 item 4, effective 21 February 2018. For saving provision, see note under Pt 3 heading. S 15 formerly read:

SECTION 15 CHAIR  
15(1)
Subject to subsections (1A) and (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.

15(1A)
The Minister must not appoint as the Chair a member who has a direct or indirect pecuniary interest in the product stewardship arrangements for oil if, in the Minister's opinion, that interest could conflict, to a significant extent, with the proper performance of the duties of the Chair.

15(1B)
The Chair must notify the Minister of any direct or indirect pecuniary interest that he or she acquires in the product stewardship arrangements for oil.

15(1C)
The notice must be in writing given to the Minister as soon as practicable after the Chair acquires the interest.

15(2)
The Minister must not appoint as the Chair a member who is employed by the Commonwealth or a Commonwealth agency.

15(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.

15(4)
The member so appointed ceases to be the Chair if he or she:

(a) ceases to be a member; or

(aa) has his or her appointment as Chair terminated by the Minister under subsection (6); or

(b) resigns the office of Chair by written notice delivered to the Minister.

15(5)
A person is eligible to be re-appointed as the Chair.

15(6)
The Minister may terminate the Chair's appointment if:

(a) the Minister becomes aware, whether because of a notification under subsection (1B) or otherwise, that the Chair has a direct or indirect pecuniary interest in the product stewardship arrangements for oil; and

(b) in the Minister's opinion, the interest conflicts, or could conflict, to a significant extent, with the proper performance of the duties of the Chair.

S 16 repealed by No 4 of 2018, s 3 and Sch 2 item 4, effective 21 February 2018. For saving provision, see note under Pt 3 heading. S 16 formerly read:

SECTION 16 TERMS OF OFFICE  
16
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.

S 17 repealed by No 4 of 2018, s 3 and Sch 2 item 4, effective 21 February 2018. For saving provision, see note under Pt 3 heading. S 17 formerly read:

SECTION 17 TERMS AND CONDITIONS OF APPOINTMENT  
17
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.

S 18 repealed by No 4 of 2018, s 3 and Sch 2 item 4, effective 21 February 2018. For saving provision, see note under Pt 3 heading. S 18 formerly read:

SECTION 18 REMUNERATION AND ALLOWANCES  
18(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.

18(2)
A member is to be paid such allowances as are prescribed.

18(3)
This section has effect subject to the Remuneration Tribunal Act 1973.

S 19 repealed by No 4 of 2018, s 3 and Sch 2 item 4, effective 21 February 2018. For saving provision, see note under Pt 3 heading. S 19 formerly read:

SECTION 19 LEAVE OF ABSENCE  
19(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.

19(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.

S 20 repealed by No 4 of 2018, s 3 and Sch 2 item 4, effective 21 February 2018. For saving provision, see note under Pt 3 heading. S 20 formerly read:

SECTION 20 RESIGNATION  
20
A member may resign by written notice delivered to the Minister.

S 21 repealed by No 4 of 2018, s 3 and Sch 2 item 4, effective 21 February 2018. For saving provision, see note under Pt 3 heading. S 21 formerly read:

SECTION 21 TERMINATION OF APPOINTMENT  
21(1)
The Minister may terminate a member's appointment for misbehaviour or physical or mental incapacity.

21(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 the Commissioner or the Commonwealth in accordance with subsection 14(2B) - ceases, because of a change in employment, residence or other circumstances, to be, in the Minister's opinion, an appropriate representative of the Commissioner or the Commonwealth, as the case may be.

Div 3 repealed by No 4 of 2018, s 3 and Sch 2 item 4, effective 21 February 2018. For saving provision, see note under Pt 3 heading.

S 22 repealed by No 4 of 2018, s 3 and Sch 2 item 4, effective 21 February 2018. For saving provision, see note under Pt 3 heading. S 22 formerly read:

SECTION 22 CONVENING MEETINGS  
22(1)
Subject to subsection (2), the Advisory Council must hold such meetings as are necessary for the efficient performance of its functions.

22(2)
The Advisory Council must hold at least one meeting every 12 months.

22(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 voting members.

22(4)
The Minister may convene a meeting at any time.

S 23 repealed by No 4 of 2018, s 3 and Sch 2 item 4, effective 21 February 2018. For saving provision, see note under Pt 3 heading. S 23 formerly read:

SECTION 23 PRESIDING AT MEETINGS  
23(1)
The Chair is to preside at all meetings at which he or she is present.

23(2)
If the Chair is not present, the voting members present must elect one of their number to preside.

S 24 repealed by No 4 of 2018, s 3 and Sch 2 item 4, effective 21 February 2018. For saving provision, see note under Pt 3 heading. S 24 formerly read:

SECTION 24 QUORUM  
24
At a meeting, a majority of voting members, or 6 voting members, whichever is the greater, form a quorum.

S 25 repealed by No 4 of 2018, s 3 and Sch 2 item 4, effective 21 February 2018. For saving provision, see note under Pt 3 heading. S 25 formerly read:

SECTION 25 VOTING AT MEETINGS  
25(1)
Questions arising at a meeting are to be decided by a majority of votes of the voting members present and voting.

25(2)
The member presiding has a deliberative vote, and, if necessary, also has a casting vote.

S 26 repealed by No 4 of 2018, s 3 and Sch 2 item 4, effective 21 February 2018. For saving provision, see note under Pt 3 heading. S 26 formerly read:

SECTION 26 CONDUCT OF MEETINGS  
26
The Advisory Council may, subject to this Division, determine the procedure at meetings.

S 27 repealed by No 4 of 2018, s 3 and Sch 2 item 4, effective 21 February 2018. For saving provision, see note under Pt 3 heading. S 27 formerly read:

SECTION 27 RESOLUTIONS WITHOUT MEETINGS  
27(1)
If a majority of the voting 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.

27(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 voting 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.

27(3)
If the resolution is about a matter in which a voting 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.

27(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.

S 28 repealed by No 4 of 2018, s 3 and Sch 2 item 4, effective 21 February 2018. For saving provision, see note under Pt 3 heading. S 28 formerly read:

SECTION 28 RECORDS RELATING TO MEETINGS  
28
The Advisory Council must keep minutes of its meetings and records of resolutions passed in accordance with section 27.

S 29 repealed by No 4 of 2018, s 3 and Sch 2 item 4, effective 21 February 2018. For saving provision, see note under Pt 3 heading. S 29 formerly read:

SECTION 29 DISCLOSURE OF INTERESTS  
29(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.

29(2)
The disclosure is to be recorded in the minutes of the meeting.

29(2A)
If:

(a) the member is not the Chair; and

(b) the Chair is present at the meeting; and

(c) the Chair so determines;

the member must not:

(d) be present during any deliberation of the Advisory Council with respect to the matter; or

(e) take part in any decision of the Advisory Council with respect to the matter.

29(2B)
If:

(a) the member is not the Chair; and

(b) the Chair is not present at the meeting; and

(c) the Advisory Council so determines;

the member must not:

(d) be present during any deliberation of the Advisory Council with respect to the matter; or

(e) take part in any decision of the Advisory Council with respect to the matter.

29(2C)
If:

(a) the member is the Chair; and

(b) the Advisory Council so determines;

the member must not:

(c) be present during any deliberation of the Advisory Council with respect to the matter; or

(d) take part in any decision of the Advisory Council with respect to the matter.

29(3)
For the purposes of the Advisory Council making a determination under subsection (2B) or (2C), 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.

29(3A)
The Minister may direct the Chair not to make, or to rescind, a determination under subsection (2A).

29(4)
The Minister may direct the Advisory Council not to make, or to rescind, a determination under subsection (2B) or (2C).

S 30 repealed by No 4 of 2018, s 3 and Sch 2 item 4, effective 21 February 2018. For saving provision, see note under Pt 3 heading. S 30 formerly read:

SECTION 30 PERSONS MAY BE INVITED TO ATTEND MEETINGS  
30
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.

Div 4 repealed by No 4 of 2018, s 3 and Sch 2 item 4, effective 21 February 2018. For saving provision, see note under Pt 3 heading.

S 31 repealed by No 4 of 2018, s 3 and Sch 2 item 4, effective 21 February 2018. For saving provision, see note under Pt 3 heading. S 31 formerly read:

SECTION 31 PROTECTION FROM CIVIL ACTIONS  
31
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.

S 32 repealed by No 4 of 2018, s 3 and Sch 2 item 4, effective 21 February 2018. For saving provision, see note under Pt 3 heading. S 32 formerly read:

SECTION 32 ASSISTANCE FOR THE COUNCIL  
32(1)
Administrative assistance required for the purposes of the Advisory Council is to be provided by staff members of the Department.

32(2)
The Department is to provide such money as is necessary for the performance of the functions of the Advisory Council.