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Product Stewardship (Oil) Bill 2000

Part 2 Entitlement to product stewardship (oil) benefits

   

8   Registration must precede a claim for product stewardship (oil) benefit

             (1)  Despite the other provisions of this Part, you are not entitled to a product stewardship (oil) benefit unless you were registered for entitlement to product stewardship (oil) benefits when you made a claim for payment of the product stewardship (oil) benefit.

Note:          You register for product stewardship (oil) benefits under the Product Grants and Benefits Administration Act 2000 .

             (2)  For the purposes of subsection (1), if you make a claim:

                     (a)  after, or at the same time as, you apply for registration; but

                     (b)  before you are registered;

the claim is taken to have been made immediately after you are registered.

9   Entitlement to product stewardship (oil) benefits

             (1)  You are entitled to a product stewardship (oil) benefit for the sale or consumption of recycled oil that you have recycled in Australia.

             (2)  However, you are not entitled to a product stewardship (oil) benefit for the sale or consumption of recycled oil before the later of:

                     (a)  the commencement of this section; and

                     (b)  the date on which you applied for registration, in relation to product stewardship (oil) benefit, under the Product Grants and Benefits Administration Act 2000 .

10   Amounts of product stewardship (oil) benefit

             (1)  If you are entitled to a product stewardship (oil) benefit in respect of the sale or consumption of recycled oil during a claim period, the amount of the product stewardship (oil) benefit for the claim period is worked out in accordance with the regulations.

             (2)  Without limiting the matters that may be taken into account under regulations made for the purposes of subsection (1), the matters may include:

                     (a)  the volume of the recycled oil that you sold or consumed; and

                     (b)  the quality of the recycled oil that you sold or consumed; and

                     (c)  the use of, or intended use for, the recycled oil.

             (3)  To avoid doubt:

                     (a)  the regulations may provide that no benefit is payable in respect of oil that is to undergo further recycling before it is to be sold to the end user or consumed; and

                     (b)  the amount of a benefit may be a nil amount.

             (4)  Before the Governor-General makes a regulation under subsection (1), the Minister must take into consideration:

                     (a)  the total amount that it is estimated will be collected under relevant items in the Customs Tariff Act 1995 and the Excise Tariff Act 1921 in the relevant period; and

                     (b)  any relevant environmental matters related to the recycling of oils.

The Minister may also take into consideration any relevant recommendation made to the Minister by the Advisory Council.