PRODUCT STEWARDSHIP (OIL) ACT 2000

PART 1 - PRELIMINARY

SECTION 6 DEFINITIONS

6(1)

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In this Act, unless the contrary intention appears:

Advisory Council
(Repealed by No 4 of 2018)

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Australia
includes all the Territories.

Department
means the Department responsible for the administration of the Environment Protection and Biodiversity Conservation Act 1999 .

gazetted oil
means oil of a kind that is declared by the Minister, by notice published in the Gazette , to be gazetted oil.

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.

Minister
means the Minister responsible for the administration of the Environment Protection and Biodiversity Conservation Act 1999 .

oils
means the following:

(a) petroleum based oils that are:

(i) lubricant base oils; or

(ii) prepared lubricant additives containing carrier oils; or

(iii) lubricants for engines, gear sets, pumps and bearings; or

(iv) greases; or

(v) hydraulic fluids; or

(vi) brake fluids; or

(vii) transmission oils; or

(viii) transformer and heat transfer oils;

(b) synthetic equivalents of goods covered by paragraph (a);

(c) any other goods prescribed for the purposes of this paragraph.

However, the following are not oils:

(d) diesel;

(e) blends of diesel and any other goods;

(f) goods ordinarily used as a fuel;

(g) any other goods prescribed for the purposes of this paragraph.

Note:

This definition was substituted by the Product Stewardship (Oil) Amendment Act 2020 . It was substituted as a response to the decision of the Federal Court of Australia in Caltex Australia Petroleum Pty Ltd v Commissioner of Taxation [2019] FCA 1849.

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History

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.

product stewardship (oil) benefit
means a grant payable under this Act.

recycled oil
means:

(a) goods produced from used oil; or

(b) used oil that has been restored to its former state.

recycling of oils
means:

(a) the production of goods from used oils; or

(b) the restoring of used oils to their former state.

used oil
means any oil that has been used and that, as a result of such use, is contaminated by physical or chemical impurities.

voting member
(Repealed by No 4 of 2018)

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6(2)
An expression used in this Act that is also used in the Product Grants and Benefits Administration Act 2000 has the same meaning as in that Act, unless the contrary intention appears.

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