Product Stewardship (Oil) Regulations 2022 (Cth)
made under the
This is a compilation of the
The notes at the end of this compilation (the
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
For more information about any editorial changes made in this compilation, see the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
This instrument is the
Product Stewardship (Oil) Regulations 2022 .
This instrument is made under the
Product Stewardship (Oil) Act 2000 .
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) gazetted oil;
(b) gazetted use;
(c) product stewardship (oil) benefit;
(d) recycled oil;
(e) used oil.
(1) In this instrument:
Act means theProduct Stewardship (Oil) Act 2000 .
base oil means an oil that is free from contaminants or additives and to which other substances may be added for a particular application.
independent laboratory means a laboratory that:
(a) is independent of the person making the claim for product stewardship (oil) benefit; and
(b) operates at arm’s length from the person; and
(c) has appropriate facilities, resources and expertise to conduct the tests necessary for the purposes of Schedule 1.
re‑refined : see subsection (2).(2) For the purposes of this instrument, a used oil has been
re‑refined if it has been restored to the condition of a base oil:
(a) first by either:
(i) thin film evaporation; or
(ii) vacuum distillation;
followed by either:
(iii) solvent extraction; or
(iv) hydrofinishing; or
(b) by another process approved in writing for this paragraph by the Minister that is:
(i) consistent with the objects of the Act; and
(ii) similar in purpose and effect to the processes mentioned in paragraph (a).
(1) For the purposes of subsection 10(1) of the Act, the amount of product stewardship (oil) benefit for a claim period is:
(a) for a recycled oil that is not also a gazetted oil for a gazetted use—the amount mentioned in column 2 of the first category in items 1 to 7 of the following table that applies to the recycled oil; and
(b) for gazetted oil for a gazetted use:
(i) if the oil is both a gazetted oil for a gazetted use and a recycled oil to which any of the categories in items 3 to 7 of the following table apply—the amount mentioned in column 2 of the first category in items 3 to 7 that applies to the oil; or
(ii) in any other case—the amount covered by column 2 of item 8 of the following table.
1 | Re‑refined base oil (for use as a lubricant or a hydraulic or transformer oil) that meets the criteria mentioned in Schedule 1 | 50 |
2 | Other re‑refined base oils | 10 |
3 | Diesel fuels that comply with the | 7 |
4 | Diesel extenders:
| 5 |
5 | High grade industrial burning oils (filtered, de‑watered and de‑mineralised) | 5 |
6 | Low grade industrial burning oils (filtered and de‑watered) | 3 |
7 | Industrial process oils and lubricants, including hydraulic and transformer oils (re‑processed or filtered, but not re‑refined) | 0 |
8 | Gazetted oil consumed in Australia for a gazetted use | The amount worked out under subsection (2) |
Note: Examples for item 2 include chain bar oil and oil incorporated into a manufactured product.
(2) For the purposes of column 2 of item 8 of the table in subsection (1), the amount is:
(a) in relation to the consumption of gazetted oil for a gazetted use during the period beginning on 30 March 2022 and ending at the end of 28 September 2022—4.3 cents per litre; or
(aa) in relation to the consumption of gazetted oil for a gazetted use on or after 1 July 2023—14.2 cents per litre; or
(b) in relation to the consumption of gazetted oil for a gazetted use during any other period—8.5 cents per litre.
(3) Despite subsection (1), no product stewardship (oil) benefit is payable in respect of oil (including gazetted oil obtained through recycling) that is to undergo further recycling before it is sold to the end user or consumed.
(4) For the purposes of item 1 of the table in subsection (1):
(a) an independent laboratory must test the oil against the criteria mentioned in Schedule 1; and
(b) the test results must be given to the Commissioner:
(i) with the first claim for benefit; and
(ii) at intervals of not more than 6 months while the benefit is being claimed.
(5) For the purposes of paragraph (4)(a), a sample may be tested only if an employee of an independent laboratory certifies that:
(a) the sample is representative of a production run of the product; and
(b) the employee is satisfied that the sample was not tampered with after it was collected and before it was dispatched to the laboratory.
(6) For the purposes of paragraph (4)(a), the independent laboratory undertaking the test must certify that the sample tested was not tampered with after receipt by the laboratory and before testing.
Application of section (1) This section applies if:
(a) product stewardship (oil) benefit is payable in respect of recycled oil for a claim period; and
(b) apart from this section, the amount of the benefit is:
(i) for claims for payment of the benefit made before 1 October 2022—the amount mentioned in item 1 of the table in subregulation 4(1) of the
Product Stewardship (Oil) Regulations 2000 (as in force immediately before that date); or(ii) for claims for payment of the benefit made on or after 1 October 2022—the amount mentioned in item 1 of the table in subsection 6(1) of this instrument; and
(c) the entitlement to the benefit arose:
(i) on or after 1 July 2020; and
(ii) on or before 31 December 2020.
(2) For the purposes of subsection (1), it does not matter whether any amount of the benefit was paid before 1 October 2022.
Additional amount (3) If this section applies, the benefit includes an amount of 12 cents per litre in addition to the amount mentioned in subparagraph (1)(b)(i) or (ii) that applies in relation to the claim.
This instrument applies to a claim for product stewardship (oil) benefit that is made:
(a) on or after the commencement of this instrument; or
(b) before that commencement, if the amount of the benefit for the claim was not assessed under section 17 of the
Product Grants and Benefits Administration Act 2000 before that commencement.
A process approved by the Minister for the purposes of subregulation 3(2) of the
Product Stewardship (Oil) Regulations 2000 that was in force immediately before the commencement of this instrument is taken, after that commencement, to be a process approved by the Minister for the purposes of paragraph 5(2)(b) of this instrument.
Note: See item 1 of the table in subsection 6(1).
The oil must be non‑carcinogenic, demonstrated by having a mutagenicity index of less than 1 using the Modified Ames Test.
(1) The oil must contain less than the following for each kilogram of oil:
(a) 10 mg of benzo(a)pyrene;
(b) 10 mg of dibenz(ah)anthracene;
(c) 100 mg of benz(a)anthracene;
(d) 100 mg of benzo(b)fluoranthene;
(e) 100 mg of benzo(k)fluoranthene;
(f) 100 mg of chrysene;
(g) 100 mg of indeno(123‑cd)pyrene.
(2) The total amount of poly‑aromatic hydrocarbons mentioned in subclause (1) that the oil contains must be less than 400 mg for each kilogram of oil.
(3) The total amount of all poly‑aromatic hydrocarbons that the oil contains (including poly‑aromatic hydrocarbons mentioned in subclause (1)) must be less than 1,000 mg for each kilogram of oil.
The oil must contain less than 2 mg of polychlorinated biphenyls for each kilogram of oil.
The total amount of dioxins and furans that the oil contains must be less than 10 picograms Toxic Equivalent for each gram of oil.
The oil must have a total acid number of less than 0.07 mg of potassium hydroxide for each gram of oil.
The oil must contain less than the following for each kilogram of oil:
(a) 5 mg of arsenic;
(b) 2 mg of cadmium;
(c) 10 mg of chromium;
(d) 100 mg of lead.
The oil must have a clear and bright appearance.
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
The abbreviation key sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = | Sch = Schedule(s) |
LIA = | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
Product Stewardship (Oil) Regulations 2022 | 19 Sept 2022 (F2022L01222) | 1 Oct 2022 (s 2(1) item 1) | |
Product Stewardship (Oil) Amendment Regulations 2023 | 21 June 2023 (F2023L00817) | 1 July 2023 (s 2(1) item 1) | — |
s 2............................................. | rep LA s 48D |
s 6............................................. | am F2023L00817 |
Schedule 2.................................. | rep LA s 48C |
0
0
0