House of Representatives

Explanatory Memorandum

(Circulated by authority of the Minister for the Environment and Heritage, Senator the Hon Robert Murray Hill)

Product Stewardship (Oil) Bill - Part 1 - Preliminary

Overview

1.1 This Part deals with the short title of the Product Stewardship (Oil) Bill 2000 , commencement provisions, the objects of the Bill, the binding of States and Territories, definitions and the general administration of this Bill.

Explanation of the provisions

Short title

1.2 Upon commencement this Bill will be cited as the Product Stewardship (Oil) Act 2000. [clause 1]

Commencement

1.3 Recyclers are to be eligible to claim benefits from 1 January 2001. Accordingly, Parts 1, 3 and 4 of the Product Stewardship (Oil) Bill will commence on the day this Bill receives Royal Assent, while Part 2, Entitlement to product stewardship (oil) benefits , will commence on the later of 1 January 2001 or the day on which the Bill receives Royal Assent. [subclauses 2(1) and 2(2)]

1.4 The timing of commencement has been set to ensure that instruments and determinations may be made and registration mechanisms can be established in a staged manner before the Act takes full effect. This will avoid undue delay in claimants receiving their entitlements and will allow the appropriate administrative mechanisms to be established in advance of benefit claims.

1.5 Note that Clauses 9 and 10 of the Product Stewardship (Oil) Bill 2000 become effective once the Customs Tariff Amendment (Product Stewardship for Waste Oil) Bill 2000, the Excise Tariff Amendment (Product Stewardship for Waste Oil) Bill 2000 and the Product Stewardship (Oil)(Consequential Amendments) Bill 2000 have been passed. These Bills establish the tariffs on petroleum-based oils (and their synthetic equivalents) from which the stewardship arrangements are funded. Product stewardship benefits, therefore, can only be paid under the Act after these tariffs have been established.

Objects

1.6 This Bill gives effect to the Prime Minister's announcement of 28 May 1999, in which he stated that:

'The Commonwealth will fund the development of a comprehensive product stewardship system ....to ensure the environmentally sustainable management and re-refining of waste oil and its reuse. It will support economic recycling options and the development of product stewardship arrangements.'

1.7 The objectives specified in clause 3 have been derived from the Prime Minister's statement.

Extension to external Territories

1.8 It is intended that product stewardship benefits be potentially available to recycling activities anywhere in Australia including all its Territories [clause 4].

States and Territories are bound

1.9 Clause 5 binds the States and Territories and Norfolk Island to comply with this legislation, however, they are not liable to prosecution under the Act.

Definitions

1.10 This Bill contains definitions at clause 6, which are used throughout the Act.

1.11 These definitions are inserted into clause 6 of the Product Stewardship (Oil) Bill and are generally self-explanatory. The direct and simple drafting reference to 'you', which applies to entities as defined in the Bill rather than individuals, is based on definitions used in recent taxation reform legislation [clause 6] .

Commissioner has the general Administration of this Act

1.12 The Commissioner of Taxation has the general administration of the Product Stewardship (Oil) Bill . [clause 7] This allows for mechanisms under the Taxation Administration Act 1953 to be used in the administration of the scheme.