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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Product Stewardship (Oil) Amendment
Bill 2020
No. , 2020
(Environment)
A Bill for an Act to amend the
Product Stewardship
(Oil) Act 2000
, and for related purposes
No. , 2020
Product Stewardship (Oil) Amendment Bill 2020
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Product Stewardship (Oil) Act 2000
3
No. , 2020
Product Stewardship (Oil) Amendment Bill 2020
1
A Bill for an Act to amend the
Product Stewardship
1
(Oil) Act 2000
, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Product Stewardship (Oil) Amendment Act 2020
.
5
2 Commencement
6
(1) Each provision of this Act specified in column 1 of the table
7
commences, or is taken to have commenced, in accordance with
8
column 2 of the table. Any other statement in column 2 has effect
9
according to its terms.
10
11
2
Product Stewardship (Oil) Amendment Bill 2020
No. , 2020
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments
Schedule 1
No. , 2020
Product Stewardship (Oil) Amendment Bill 2020
3
Schedule 1--Amendments
1
2
Product Stewardship (Oil) Act 2000
3
1 Subsection 6(1) (definition of
oils
)
4
Repeal the definition, substitute:
5
oils
means the following:
6
(a) petroleum based oils that are:
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(i) lubricant base oils; or
8
(ii) prepared lubricant additives containing carrier oils; or
9
(iii) lubricants for engines, gear sets, pumps and bearings; or
10
(iv) greases; or
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(v) hydraulic fluids; or
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(vi) brake fluids; or
13
(vii) transmission oils; or
14
(viii) transformer and heat transfer oils;
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(b) synthetic equivalents of goods covered by paragraph (a);
16
(c) any other goods prescribed for the purposes of this
17
paragraph.
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However, the following are not oils:
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(d) diesel;
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(e) blends of diesel and any other goods;
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(f) goods ordinarily used as a fuel;
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(g) any other goods prescribed for the purposes of this
23
paragraph.
24
Note:
This definition was substituted by the
Product Stewardship (Oil)
25
Amendment Act 2020
. It was substituted as a response to the decision
26
of the Federal Court of Australia in
Caltex Australia Petroleum Pty
27
Ltd v Commissioner of Taxation
[2019] FCA 1849.
28
2 Application and saving provisions
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(1)
The amendment made by this Schedule applies in relation to a claim for
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a product stewardship (oil) benefit that is made on or after the day the
31
Bill for this Act was introduced into the House of Representatives in
32
relation to:
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Schedule 1
Amendments
4
Product Stewardship (Oil) Amendment Bill 2020
No. , 2020
(a) the sale or consumption of recycled oil that occurs on or after
1
that day; or
2
(b) the consumption of gazetted oil that occurs on or after that
3
day.
4
(2)
However, subitem (1) does not apply in relation to a claim that was
5
determined by the Commissioner of Taxation before the
6
commencement of this item.
7
(3)
The amendment made by this Schedule does not affect the validity of a
8
notice referred to in the definition of
gazetted oil
or
gazetted use
in
9
subsection 6(1) of the
Product Stewardship (Oil) Act 2000
that was in
10
force immediately before the commencement of this item.
11