House of Representatives

Explanatory Memorandum

(Circulated by authority of the Minister for Finance, Senator the Hon Mathias Cormann)

NOTES ON SCHEDULE 2 - Product Stewardship (Oil) Act 2000

Introduction

23. Schedule 2 will abolish the Oil Stewardship Advisory Council (the OSAC). This will not preclude the Department of the Environment and Energy from engaging with industry experts on an "as needs" basis to gather advice and guidance on review processes and other matters relating to the administration of the Product Stewardship (Oil) Act 2000 (the PSO Act).

Explanation of the provisions

24. Item 1: Subsection 6(1) (definition of Advisory Council ) repeals the definition of the Advisory Council.

25. Item 2: Subsection 6(1) (definition of voting member ) repeals the definition of the voting member.

26. Item 3: Subsection 10(4) provides that as the OSAC will be abolished there is no requirement to take into consideration any relevant recommendations made to the Minister by the OSAC.

27. Item 4 repeals Part 3 of the PSO Act.

28. Part 3 (sections 11 - 32) of the PSO Act establishes the OSAC and contains provisions regarding the operation of the OSAC. The functions of the OSAC are to provide advice to the Minister on matters related to the Product Stewardship for Oil Scheme. This includes advice on the product stewardship arrangements for oils, the recovery and recycling of used oils, the amount of product stewardship benefits and the state of the oil production and oil recycling industries (see section 12 of the PSO Act).

29. The OSAC is required to meet at least once every 12 months (subsection 22(2) of the PSO Act). In the past, the OSAC has provided input into the reviews of the PSO Act. However, these reviews occur at intervals of four years (see section 36 of the PSO Act). The frequency of the OSAC meetings and the review process is not sufficient to justify the ongoing maintenance of a permanent statutory advisory body. This is particularly so given the Product Stewardship for Oil Scheme is now well established, with over ten years of operation.

30. Repealing Part 3 of the PSO Act, the OSAC, and positions for its members, will cease to exist at the commencement of this Item. Items 1, 2 and 3 are required as a consequence of Item 4, and repeal definitions relating to the OSAC, and references to the OSAC, in the PSO Act.

31. Item 5: Saving provision - protection from civil actions is a saving provision, which provides that despite the repeal of Part 3 of the PSO Act, section 31 will continue to apply after the repeal in relation to any acts done or omitted to be done by a member of the OSAC before the commencement of the repeal of Part 3.

32. Section 31 of the PSO Act provides that a member of the OSAC is not liable for an action or other proceedings 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 OSAC.