Product Stewardship (Oil) Amendment Act 2007

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au C2007A00155 In force Act

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No. 155, 2007

An Act to amend the Product Stewardship (Oil) Act 2000, and for related purposes

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Amendment of the Product Stewardship (Oil) Act 2000

Product Stewardship (Oil) Act 2000

Product Stewardship (Oil) Amendment Act 2007

No. 155, 2007

An Act to amend the Product Stewardship (Oil) Act 2000, and for related purposes

[Assented to 24 September 2007]

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Product Stewardship (Oil) Amendment Act 2007.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table	The day on which this Act receives the Royal Assent.	24 September 2007
2. Schedule 1	A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.	24 March 2008

Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendment of the Product Stewardship (Oil) Act 2000

Product Stewardship (Oil) Act 2000

1 Paragraphs 3(a), (b) and (c)

Omit “waste”, substitute “used”.

2 Subsection 6(1)

Insert:

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

3 Subsection 6(1)

Insert:

voting member means a member who is appointed on the basis of their knowledge of, or experience in, one or more of the areas referred to in subsection 14(2).

4 Subsection 6(1) (definition of waste oil)

Repeal the definition.

5 At the end of section 10

Add:

(5) Despite section 14 of the Legislative Instruments Act 2003, regulations made for the purposes of subsection (1) may apply, adopt or incorporate any matter contained in a written instrument specifying:

(a) oil testing methods; or

(b) standards for the accreditation of laboratories undertaking oil testing;

as in force or existing from time to time.

6 Paragraph 12(b)

Omit “waste”, substitute “used”.

7 Subsection 13(3)

Repeal the subsection, substitute:

(3) The performance of a function of the Advisory Council is not affected by the fact that the Advisory Council’s membership does not include any members who are appointed:

(a) on the basis of their knowledge of, or experience in, a particular area referred to in subsection 14(2); or

(b) to represent the Commissioner or the Commonwealth in accordance with subsection 14(2B).

8 Subsection 14(2)

Repeal the subsection, substitute:

(2) The Minister must not appoint a person as a member of the Advisory Council (other than as a member mentioned in subsection (2B)) unless the Minister is satisfied that the person has knowledge of, or experience in, one or more of the following areas:

(a) broad waste management issues from a business perspective;

(b) research and development relevant to the product stewardship arrangements for oil;

(d) local government;

(e) the non‑government sector;

(f) national consumer issues;

(g) remote, including remote Indigenous, issues;

(h) oil production;

(i) used oil recycling;

(j) used oil collection.

(2A) In appointing members of the Advisory Council, the Minister must endeavour to constitute the Advisory Council so that it, as a whole, has knowledge and experience in as many areas mentioned in subsection (2) as is practicable.

(2B) The Minister must ensure that the membership of the Advisory Council includes:

(a) a person representing the Commissioner; and

(b) a person representing the Commonwealth.

(2C) If a person mentioned in subsection (2B) is unable to attend a meeting, the person may authorise a substitute to attend the meeting. The substitute must be an APS employee.

9 Subsection 15(1)

Omit “subsection (2)”, substitute “subsections (1A) and (2)”.

10 After subsection 15(1)

Insert:

(1A) The Minister must not appoint as the Chair a member who has a direct or indirect pecuniary interest in the product stewardship arrangements for oil if, in the Minister’s opinion, that interest could conflict, to a significant extent, with the proper performance of the duties of the Chair.

(1B) The Chair must notify the Minister of any direct or indirect pecuniary interest that he or she acquires in the product stewardship arrangements for oil.

(1C) The notice must be in writing given to the Minister as soon as practicable after the Chair acquires the interest.

11 After paragraph 15(4)(a)

Insert:

(aa) has his or her appointment as Chair terminated by the Minister under subsection (6); or

12 At the end of section 15

Add:

(6) The Minister may terminate the Chair’s appointment if:

(a) the Minister becomes aware, whether because of a notification under subsection (1B) or otherwise, that the Chair has a direct or indirect pecuniary interest in the product stewardship arrangements for oil; and

(b) in the Minister’s opinion, the interest conflicts, or could conflict, to a significant extent, with the proper performance of the duties of the Chair.

13 Paragraph 21(2)(d)

Repeal the paragraph, substitute:

(d) if the member was appointed to represent the Commissioner or the Commonwealth in accordance with subsection 14(2B)—ceases, because of a change in employment, residence or other circumstances, to be, in the Minister’s opinion, an appropriate representative of the Commissioner or the Commonwealth, as the case may be.

14 Paragraph 22(3)(b)

After “other”, insert “voting”.

15 Subsection 23(2)

Before “members present”, insert “voting”.

16 Section 24

Omit all the words after “majority of”, substitute “voting members, or 6 voting members, whichever is the greater, form a quorum”.

17 Subsection 25(1)

After “of the”, insert “voting”.

18 Subsection 27(1)

After “majority of the”, insert “voting”.

19 Subsection 27(2)

After “one or more”, insert “voting”.

20 Subsection 27(3)

After “in which a”, insert “voting”.

21 Subsection 29(2)

Repeal the subsection, substitute:

(2) The disclosure is to be recorded in the minutes of the meeting.

(2A) If:

(a) the member is not the Chair; and

(b) the Chair is present at the meeting; and

the member must not:

(d) be present during any deliberation of the Advisory Council with respect to the matter; or

(e) take part in any decision of the Advisory Council with respect to the matter.

(2B) If:

(a) the member is not the Chair; and

(b) the Chair is not present at the meeting; and

the member must not:

(d) be present during any deliberation of the Advisory Council with respect to the matter; or

(e) take part in any decision of the Advisory Council with respect to the matter.

(2C) If:

(a) the member is the Chair; and

(b) the Advisory Council so determines;

the member must not:

(d) take part in any decision of the Advisory Council with respect to the matter.

22 Subsection 29(3)

Omit “such a determination”, substitute “a determination under subsection (2B) or (2C)”.

23 After subsection 29(3)

Insert:

(3A) The Minister may direct the Chair not to make, or to rescind, a determination under subsection (2A).

24 Subsection 29(4)

Omit “subsection (2)”, substitute “subsection (2B) or (2C)”.

[Minister’s second reading speech made in—

House of Representatives on 24 May 2007

Senate on 17 August 2007]

(92/07)

Overview

The Product Stewardship (Oil) Amendment Act 2007 was enacted by the Parliament of Australia to amend the Product Stewardship (Oil) Act 2000 and address certain gaps in the regulation of oil stewardship. The Act aims to enhance the effectiveness of the existing framework by making several key amendments to the original Act. These amendments include redefining the scope of terms such as "used oil" and "voting member," altering the criteria for the appointment of Advisory Council members, and establishing more stringent conditions for the appointment and tenure of the Advisory Council's Chair. The objective is to ensure that the Advisory Council is constituted with the necessary expertise and that conflicts of interest are appropriately managed, thereby improving the overall governance and management of oil stewardship arrangements. The Act came into effect on 24 September 2007, with additional provisions commencing on 24 March 2008. It introduces measures to ensure that the Advisory Council can effectively perform its functions despite any vacancies or absences, and it mandates the recording of disclosures in the minutes of meetings. These amendments collectively aim to bolster the regulatory framework for oil stewardship in Australia by enhancing the Advisory Council's capacity to advise and oversee the proper handling and recycling of used oil.

Scope and Application

The Product Stewardship (Oil) Amendment Act 2007 amends the Product Stewardship (Oil) Act 2000, introducing significant changes to the regulatory framework for oil stewardship in Australia. The Act applies to the collection, recycling, and stewardship of used oil across the nation, and it specifically targets entities involved in the production, collection, and recycling of used oil. The amendment modifies the definition of key terms such as "used oil" and "voting member" and introduces new criteria for the appointment of members to the Advisory Council. This Act extends its jurisdictional reach across the Commonwealth, ensuring uniform application of oil stewardship regulations throughout Australia. Notably, the Act provides for the incorporation of external testing methods and laboratory accreditation standards through subordinate instruments, thereby enhancing the regulatory framework's flexibility and effectiveness. The Act does not explicitly state exclusions or thresholds, but the definitions and appointment criteria imply a targeted approach towards entities with significant involvement in oil stewardship activities.

Key Provisions

The Product Stewardship (Oil) Amendment Act 2007 (Act) introduces significant amendments to the Product Stewardship (Oil) Act 2000 (PSO Act). The main operative sections of the Act primarily focus on the definitions and scope of terms used within the PSO Act, the composition and functions of the Advisory Council, and the procedures for the appointment and termination of the Chair of the Advisory Council. For example, section 3 amends the definition of "used oil" in section 6(1) of the PSO Act, clarifying that it refers to any oil that has been used and is contaminated by physical or chemical impurities (Schedule 1, items 2 and 4). Additionally, the Act redefines "waste oil" as "used oil" throughout the PSO Act (Schedule 1, item 6). The obligations imposed by the Act on the parties or entities it governs include the Minister’s responsibility for appointing members to the Advisory Council based on their knowledge and experience in various areas such as waste management, research and development, and local government (Schedule 1, item 8). The Minister must also ensure that the Advisory Council includes representatives of the Commissioner and the Commonwealth (Schedule 1, item 8(2B)). Furthermore, the Act mandates the Minister to terminate the appointment of the Chair if the Chair has a pecuniary interest that conflicts with their duties (Schedule 1, item 12). In terms of offences, penalties, or civil/criminal consequences for breach, the Act does not explicitly detail specific penalties. However, it does outline procedures for the termination of the Chair’s appointment if there is a conflict of interest (Schedule 1, item 16). The Act also specifies that the Advisory Council must adhere to certain procedural requirements when making determinations regarding members with conflicts of interest, which may have legal implications if not followed correctly (Schedule 1, items 29(2) to 29(4)). The Act’s amendments aim to enhance the governance and oversight of oil product stewardship by ensuring that the Advisory Council operates with integrity and without conflicts of interest.

Area of Law: Environmental Law
Instrument: Amending Act
Concepts: Commencement Provisions; Repeal & Amendment; Definitions & Interpretation; Regulatory Standards; Reporting & Disclosure Obligations; Licensing & Registration

Interactions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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