{"id":"C2004A00694","name":"Product Stewardship (Oil) Act 2000","slug":"product-stewardship-oil-act-2000","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"102 of 2000","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":6068,"registerId":"commonwealth-C2004A00694-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the Product Stewardship (Oil) Act 2000.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  (1) Parts 1, 3 and 4 commence on the day on which this Act receives the Royal Assent.\n  (2) Part 2 commences on the later of:\n    (a) 1 January 2001; and\n    (b) the day on which this Act receives the Royal Assent.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Objects","content":"#### 3 Objects\n\n  The objects of this Act are:\n    (a) to develop a product stewardship arrangement for used oils; and\n    (b) to ensure the environmentally sustainable management, re‑refining and reuse of used oil; and\n    (c) to support economic recycling options for used oil.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Extension to external Territories","content":"#### 4 Extension to external Territories\n\n  This Act extends to all the external Territories.","sortOrder":4},{"sectionNumber":"4A","sectionType":"section","heading":"Alternative constitutional basis","content":"#### 4A Alternative constitutional basis\n\n  (1) Without limiting its effect apart from this section, this Act also has effect as provided by this section.\n  (2) This Act also has the effect it would have if its operation in relation to product stewardship (oil) benefits were expressly confined to an operation limited to product stewardship (oil) benefits in relation to external affairs.\n  (3) This Act also has the effect it would have if its operation in relation to product stewardship (oil) benefits were expressly confined to an operation limited to product stewardship (oil) benefits in relation to taxation.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"States and Territories are bound","content":"#### 5 States and Territories are bound\n\n  This Act binds the Crown in right of each of the States, of the Australian Capital Territory and of the Northern Territory. However, it does not make the Crown liable to be prosecuted for an offence.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Definitions","content":"#### 6 Definitions\n\n  (1) In this Act, unless the contrary intention appears:\n\n> Australia includes all the Territories.\n\n> Department means the Department responsible for the administration of the Environment Protection and Biodiversity Conservation Act 1999.\n\n> gazetted oil means oil of a kind that is declared by the Minister, by notice published in the Gazette, to be gazetted oil.\n\n> 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:\n\n    (a) a use in the manufacture of a product:\n    (i) that will not permit the oil to be recycled; and\n    (ii) that constitutes only a low risk to the environment; or\n    (b) a use in a process:\n    (i) that will not permit the oil to be recycled; and\n    (ii) that constitutes only a low risk to the environment.\n\n> Minister means the Minister responsible for the administration of the Environment Protection and Biodiversity Conservation Act 1999.\n\n> oils means the following:\n\n    (a) petroleum based oils that are:\n    (i) lubricant base oils; or\n    (ii) prepared lubricant additives containing carrier oils; or\n    (iii) lubricants for engines, gear sets, pumps and bearings; or\n    (iv) greases; or\n    (v) hydraulic fluids; or\n    (vi) brake fluids; or\n    (vii) transmission oils; or\n    (viii) transformer and heat transfer oils;\n    (b) synthetic equivalents of goods covered by paragraph (a);\n    (c) any other goods prescribed for the purposes of this paragraph.\n  However, the following are not oils:\n    (d) diesel;\n    (e) blends of diesel and any other goods;\n    (f) goods ordinarily used as a fuel;\n    (g) any other goods prescribed for the purposes of this paragraph.\n\n> 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.\n\n> product stewardship (oil) benefit means a grant payable under this Act.\n\n> recycled oil means:\n\n    (a) goods produced from used oil; or\n    (b) used oil that has been restored to its former state.\n\n> recycling of oils means:\n\n    (a) the production of goods from used oils; or\n    (b) the restoring of used oils to their former state.\n\n> used oil means any oil that has been used and that, as a result of such use, is contaminated by physical or chemical impurities.\n\n  (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.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Commissioner has general administration of this Act","content":"#### 7 Commissioner has general administration of this Act\n\n  The Commissioner has the general administration of this Act.\n\n> Note: An effect of this provision is that the Taxation Administration Act 1953 applies to this Act as a taxation law. This means, for example, that people who acquire information under this Act are subject to the confidentiality obligations and exceptions in Division 355 in Schedule 1 to the Taxation Administration Act 1953.","sortOrder":8},{"sectionNumber":"Part 2","sectionType":"part","heading":"Entitlement to product stewardship (oil) benefits","content":"## Part 2—Entitlement to product stewardship (oil) benefits","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Registration must precede a claim for product stewardship (oil) benefit","content":"#### 8 Registration must precede a claim for product stewardship (oil) benefit\n\n  (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.\n\n> Note: You register for product stewardship (oil) benefits under the Product Grants and Benefits Administration Act 2000.\n\n  (2) For the purposes of subsection (1), if you make a claim in respect of an entitlement that is referred to in subsection 9(1):\n    (a) after, or at the same time as, you apply for registration; but\n    (b) before you are registered;\n  the claim is taken to have been made immediately after you are registered.\n  (3) For the purposes of subsection (1), if you make a claim in respect of an entitlement referred to in subsection 9(3):\n    (a) after the introduction into the Parliament of the Bill for the Product Stewardship (Oil) Legislation Amendment Act (No. 1) 2003; but\n    (b) before you are registered;\n  the claim is taken to have been made immediately after you are registered.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Entitlement to product stewardship (oil) benefits","content":"#### 9 Entitlement to product stewardship (oil) benefits\n\n  (1) You are entitled to a product stewardship (oil) benefit for the sale or consumption of recycled oil that you have recycled in Australia.\n  (2) However, you are not entitled to a product stewardship (oil) benefit for the sale or consumption of recycled oil referred to in subsection (1) before the later of:\n    (a) the commencement of this section; and\n    (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.\n  (3) You are entitled to a product stewardship (oil) benefit for the consumption in Australia of gazetted oil for a gazetted use.\n  (4) However, you are not entitled to a product stewardship (oil) benefit for the consumption of gazetted oil for a gazetted use before the introduction into the Parliament of the Bill for the Product Stewardship (Oil) Legislation Amendment Act (No. 1) 2003.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Amounts of product stewardship (oil) benefit","content":"#### 10 Amounts of product stewardship (oil) benefit\n\n  (1) If you are entitled to a product stewardship (oil) benefit in respect of the sale or consumption of recycled oil, or the consumption of gazetted oil for a gazetted use, during a claim period, the amount of the product stewardship (oil) benefit for the claim period is worked out in accordance with the regulations.\n  (2) Without limiting the matters that may be taken into account under regulations made for the purposes of subsection (1) in respect of the sale or consumption of recycled oil, the matters may include:\n    (a) the volume of the recycled oil that you sold or consumed; and\n    (b) the quality of the recycled oil that you sold or consumed; and\n    (c) the use of, or intended use for, the recycled oil.\n  (2A) Without limiting the matters that may be taken into account under regulations made for the purposes of subsection (1) in relation to the consumption of gazetted oil for a gazetted use, the matters may include:\n    (a) the volume of the gazetted oil that you consumed for that use; and\n    (b) the quality of the gazetted oil that you consumed for that use; and\n    (c) particulars of the gazetted use to which you put the gazetted oil.\n  (3) To avoid doubt:\n    (a) the regulations may provide that no benefit is payable in respect of recycled oil (including gazetted oil obtained through recycling) that is to undergo further recycling before it is to be sold to the end user or consumed; and\n    (b) the amount of a benefit in respect of the sale or consumption of recycled oil, or of gazetted oil for a gazetted use, may be a nil amount.\n  (4) Before the Governor‑General makes a regulation under subsection (1), the Minister must take into consideration:\n    (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\n    (b) any relevant environmental matters relating to the recycling of oils or to the use of gazetted oil.\n  (5) Despite section 14 of the Legislation Act 2003, regulations made for the purposes of subsection (1) may apply, adopt or incorporate any matter contained in a written instrument specifying:\n    (a) oil testing methods; or\n    (b) standards for the accreditation of laboratories undertaking oil testing;\n  as in force or existing from time to time.","sortOrder":12},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"## Part 4—Miscellaneous","sortOrder":13},{"sectionNumber":"33","sectionType":"section","heading":"Delegation by Secretary","content":"#### 33 Delegation by Secretary\n\n  (1) The Secretary of the Department may, by writing, delegate to an SES employee or acting SES employee all or any of the functions and powers conferred on the Secretary by this Act.\n  (2) A delegate is, in the exercise of a power delegated under subsection (1), subject to the directions of the Secretary.","sortOrder":14},{"sectionNumber":"34","sectionType":"section","heading":"Delegation by Minister","content":"#### 34 Delegation by Minister\n\n  (1) The Minister may, by writing, delegate to:\n    (a) the Secretary of the Department; or\n    (b) an SES employee or acting SES employee;\n  all or any of the functions and powers conferred on the Minister by this Act.\n  (2) A delegate is, in the exercise of a power delegated under subsection (1), subject to the directions of the Minister.","sortOrder":15},{"sectionNumber":"35","sectionType":"section","heading":"Annual report by Minister","content":"#### 35 Annual report by Minister\n\n  As soon as practicable after the end of each financial year, the Minister must cause to be laid before each House of the Parliament a report relating to:\n    (a) the operation of the product stewardship arrangements for oil (including this Act); and\n    (b) any other matters that the Minister thinks relevant.","sortOrder":16},{"sectionNumber":"36","sectionType":"section","heading":"Review of operation of Act","content":"#### 36 Review of operation of Act\n\n  (1) The Minister must cause an independent review of:\n    (a) the operation of this Act; and\n    (b) relevant provisions of customs and excise legislation; and\n    (c) the extent to which the objects set out in section 3 have been achieved;\n  to be undertaken within 4 years after the commencement of this Act and thereafter at intervals of not longer than 4 years.\n  (2) The persons who undertake such a review must give the Minister a written report of the review.\n  (3) The Minister must cause a copy of each report to be tabled in each House of the Parliament within 15 sitting days of that House after its receipt by the Minister.\n  (4) In this section:\n\n> independent review means a review undertaken by 2 or more persons who:\n\n    (a) in the Minister’s opinion possess appropriate qualifications to undertake the review; and\n    (b) include one or more persons who are not APS employees.","sortOrder":17},{"sectionNumber":"37","sectionType":"section","heading":"Regulations","content":"#### 37 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":18}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears to remain within its original scope of creating a product stewardship scheme for used oil. The 2020 amendment to the definition of 'oils' (noted in section 6) was a clarifying amendment responding to a Federal Court decision, not an expansion of scope. The addition of 'gazetted oil' provisions in 2003 was an expansion at that time, but the current text reflects the settled scope rather than ongoing scope creep."},"complexity_factors":["Moderate cross-referencing: Heavy reliance on the Product Grants and Benefits Administration Act 2000 for registration and claiming processes, plus the Taxation Administration Act 1953 for administration and confidentiality","Delegated legislation dependency: Core payment calculations (section 10) are left entirely to regulations rather than specified in the Act itself","Defined terms: 11 defined terms in section 6, including complex nested definitions for 'oils', 'gazetted oil', and 'gazetted use'","Conditional entitlements: Multiple timing restrictions and preconditions (registration requirements, commencement dates, claim period limitations)","Dual constitutional basis: Section 4A provides alternative constitutional foundations (external affairs and taxation powers) to ensure validity","Incorporation by reference: Section 10(5) allows regulations to adopt external standards for oil testing and laboratory accreditation as they change over time"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a **product stewardship scheme for used oil** — essentially a government program that pays businesses to recycle used oil properly instead of dumping it.\n\n**Key points:**\n\n- **Who gets paid:** Companies that recycle used oil in Australia can claim a **product stewardship (oil) benefit** (a government grant). They can also claim benefits for consuming certain approved oils (\"gazetted oil\") for specific approved uses (\"gazetted uses\") that are environmentally low-risk but don't allow recycling.\n\n- **How it works:**\n  - You must **register** with the government before claiming (or apply at the same time)\n  - The amount you get paid is worked out by **regulations** (rules made by the government), based on factors like volume, quality, and intended use of the oil\n  - The scheme is funded by money collected from customs and excise taxes on oil\n\n- **What counts as \"oil\":** Lubricants, hydraulic fluids, brake fluids, transformer oils, greases, and synthetic equivalents. **Not included:** Diesel, fuel blends, or anything used primarily as fuel.\n\n- **Administration:** The **Commissioner of Taxation** runs this scheme (yes, the tax office), which means tax secrecy rules apply. The Environment Minister oversees policy.\n\n**Why it matters:**\n\nUsed oil is toxic waste — one litre can contaminate a million litres of water. This law creates a financial incentive for businesses to collect, recycle and reuse oil rather than dispose of it improperly. It aims to make recycling economically viable while protecting the environment.\n\n**Who it affects:**\n- Oil recyclers and re-refiners\n- Businesses that use large amounts of oil (claiming benefits for approved uses)\n- The broader environment (through reduced pollution)"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act originally focused on providing grants for the recycling of used oil. Its scope was later expanded to include grants for the consumption of 'gazetted oil' for non-recyclable, low-risk uses (via amendment in 2003). Additionally, the definition of 'oils' was substituted in 2020 following a Federal Court decision, broadening or clarifying the types of oils covered. These changes extended the Act's reach beyond its initial recycling-oriented purpose."},"complexity_factors":["Multiple defined terms in section 6, including a note referencing a court case and a substituted definition","Cross-references to several other Acts (Product Grants and Benefits Administration Act 2000, Customs Tariff Act 1995, Excise Tariff Act 1921, Taxation Administration Act 1953)","Reliance on regulations to determine benefit amounts, with permissive factors but no fixed rates in the Act itself","Conditional entitlement provisions (registration, timing, and gazetted oil consumption added by a later amendment)","Alternative constitutional basis clause (section 4A) covering external affairs and taxation","Delegation of powers to SES employees and incorporation of external standards by reference"],"plain_english_summary":"This Act creates a system of government grants (called 'product stewardship (oil) benefits') to encourage the recycling of used oil and to support certain uses of oil that cannot be recycled but pose a low environmental risk. It applies to a wide range of oils (such as lubricants, hydraulic fluids, and greases) but not to diesel, fuel, or prescribed goods. To receive a grant, a person must be registered and claim for either: (1) recycled oil they have produced and sold or used in Australia, or (2) 'gazetted oil' (oil declared by the Minister) that they consume for a 'gazetted use' (a low-risk, non-recyclable use). The grant amount is set by regulations, which can consider volume, quality, and use. The Act is administered by the Commissioner of Taxation, meaning tax law confidentiality rules apply. It binds state and territory governments but does not make them liable for prosecution. The Minister must report annually and arrange an independent review every four years. The Act also includes delegation powers and allows regulations to incorporate external standards for oil testing."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"9(2)(b)","severity":"medium","reasoning":"Section 8(1) provides that a claimant must have been 'registered' when making a claim. Section 9(2)(b) cuts off retrospective entitlement at the date of 'application for registration' rather than the date of actual registration. This creates a window where entitlement technically accrues (from application date) but cannot be claimed (as registration has not yet occurred), generating an irrecoverable entitlement gap for oil recycled between application and registration dates, particularly where registration is delayed through no fault of the applicant.","confidence":0.72,"description":"Entitlement cut-off tied to registration application date rather than registration date, despite section 8 requiring actual registration"},{"type":"other","section":"10(3)(b)","severity":"medium","reasoning":"Section 10(3)(b) expressly provides that 'the amount of a benefit in respect of the sale or consumption of recycled oil...may be a nil amount.' This means the entire elaborate machinery establishing entitlement under Part 2, including registration requirements, claim procedures and Ministerial consideration obligations, can be rendered operationally void by regulation. The Act creates legally enforceable entitlements that can be set at zero by subordinate instrument, producing a scheme where one has a right to nothing, which undermines the objects in section 3.","confidence":0.65,"description":"Regulations may prescribe a nil benefit amount, rendering the entire entitlement regime potentially meaningless"},{"type":"circular_definition","section":"8(2) and 8(3)","severity":"low","reasoning":"Section 8(1) states you must have been registered 'when you made a claim.' Subsections 8(2) and 8(3) then deem pre-registration claims to have been made 'immediately after you are registered.' This legal fiction resolves the practical problem but creates a logical loop: the deeming provision exists to cure a breach of the very condition it modifies, meaning the condition in 8(1) is simultaneously the rule being applied and the rule being overridden by its own sub-provisions.","confidence":0.58,"description":"Claims made before registration are deemed made 'immediately after' registration, but section 8(1) requires registration at the time of making the claim, creating a temporal fiction that the provision itself contradicts"},{"type":"self_contradicting","section":"6(1) - definition of 'gazetted use'","severity":"medium","reasoning":"The objects in section 3 include ensuring 'environmentally sustainable management, re-refining and reuse of used oil' and supporting 'economic recycling options.' However, a gazetted use is by definition one where the oil cannot be recycled (section 6(1)(a)(i) and (b)(i)). Section 9(3) then creates a positive entitlement — a cash benefit — for consuming oil in a manner that permanently prevents its recycling. The Act thus simultaneously promotes recycling as an object and financially rewards the destruction of recyclability.","confidence":0.82,"description":"A gazetted use must involve oil that 'will not permit the oil to be recycled' yet the Act separately provides a benefit for consumption of gazetted oil, incentivising non-recyclable uses while claiming to promote recycling"},{"type":"other","section":"36(1)","severity":"low","reasoning":"Section 2 staggers commencement: Parts 1, 3 and 4 commence on Royal Assent; Part 2 commences on the later of 1 January 2001 or Royal Assent. Section 36 (which is in Part 4) requires a review 'within 4 years after the commencement of this Act.' The Act has no single commencement date, so 'the commencement of this Act' is undefined. This ambiguity could affect whether the first mandatory review was conducted within the legally required period.","confidence":0.7,"description":"The mandatory 4-year review cycle is triggered by 'commencement of this Act' but different Parts commence on different dates under section 2, making the trigger date ambiguous"},{"type":"other","section":"10(4)","severity":"low","reasoning":"Section 10(4) requires the Minister to 'take into consideration' the estimated customs and excise revenue before regulations fix benefit amounts. However, there is no requirement that benefit amounts be calibrated to or capped by those collections. The consideration obligation is purely procedural — the Minister may consider the figures and then set benefits at any level. The implied policy rationale (that benefits should be funded by levy collections) is not legally enforced.","confidence":0.6,"description":"Minister must consider projected customs and excise collections before regulations are made, but has no obligation to ensure benefits do not exceed those collections, making the fiscal constraint hortatory rather than operative"}],"contradictions":[{"severity":"high","section_a":"3(b) - Object: environmentally sustainable management, re-refining and reuse of used oil","section_b":"6(1) definition of 'gazetted use' read with 9(3)","confidence":0.8,"description":"The Act's core object of promoting oil recycling directly contradicts the gazetted use benefit, which rewards permanent non-recyclable consumption of oil"},{"severity":"low","section_a":"8(1) - Registration must exist at time of claim","section_b":"8(2) and 8(3) - Claims made before registration are valid","confidence":0.62,"description":"Section 8(1) conditions entitlement on being registered 'when you made a claim,' while subsections 8(2) and 8(3) validate claims made before registration by deeming them to occur post-registration, directly negating the temporal condition in 8(1)"},{"severity":"medium","section_a":"9(2)(b) - Entitlement backdated only to registration application date","section_b":"9(4) - Gazetted oil entitlement backdated to Bill introduction date","confidence":0.75,"description":"Two classes of claimant under the same Act are treated asymmetrically regarding retrospectivity. Recycled oil claimants can only recover from their application date, while gazetted oil claimants can recover from the date the amending Bill was introduced into Parliament — a date entirely outside their control and knowledge — creating unjustified differential treatment without a principled legislative basis apparent on the face of the Act"},{"severity":"low","section_a":"5 - Crown not liable to prosecution","section_b":"4 - Act extends to all external Territories","confidence":0.5,"description":"The Act extends to external Territories (section 4) and binds the Crown in right of States and self-governing Territories (section 5), but Crown immunity from prosecution under section 5 does not expressly address the Crown in right of the Commonwealth or the Crowns of non-self-governing external Territories, creating an unresolved gap as to which Crown entities are actually bound and potentially prosecutable in those Territories"},{"severity":"medium","section_a":"10(3)(a) - Regulations may deny benefits for recycled oil destined for further recycling","section_b":"3(c) - Object: support economic recycling options","confidence":0.73,"description":"Section 10(3)(a) expressly permits regulations to withhold benefits for recycled oil that will undergo further recycling (i.e., multi-stage recycling processes). This directly undermines the object of supporting economic recycling options, as it financially penalises integrated or multi-step recycling supply chains relative to single-step operations"}]},"summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The original scope focused on recycled oil benefits for recyclers. The 2003 amendment expanded scope to include 'gazetted oil' consumed in 'gazetted uses' — covering situations where oil is used in low-environmental-risk processes that cannot permit recycling, not just oil that has been recycled. The 2020 amendment to the definition of 'oils' also refined scope by explicitly excluding diesel and ordinary fuels following a court challenge that tested the boundaries of what products fell within the scheme."},"complexity_factors":["Interaction with multiple companion statutes (Product Grants and Benefits Administration Act 2000, Customs Tariff Act 1995, Excise Tariff Act 1921, Taxation Administration Act 1953, EPBC Act 1999)","Benefit amounts are set entirely by regulations rather than in the Act itself, requiring cross-referencing of subsidiary legislation","Dual constitutional basis provisions (external affairs and taxation powers) add legal complexity not relevant to most readers","Definition of 'oils' was amended in response to Federal Court litigation, creating interpretive history that affects scope","Gazetted oil and gazetted use concepts rely on Ministerial gazette notices that are external to the Act itself","Retrospective claim provisions in section 8 with specific date-based conditions add procedural complexity","Registration and claim sequencing rules require careful reading to understand eligibility timing"],"plain_english_summary":"## What This Law Does\n\nThe **Product Stewardship (Oil) Act 2000** sets up a financial incentive scheme to encourage the responsible recycling and reuse of used oil in Australia — things like motor oil, hydraulic fluid, gear oil, and transformer oil.\n\n## How It Works\n\nWhen oil is used (for example, in a car engine), it becomes contaminated and can't be reused as-is. This law creates a **grant payment system** (called a \"product stewardship benefit\") that rewards businesses who:\n\n- **Recycle used oil** in Australia and then sell or use the recycled product; or\n- **Use certain oils in specific approved ways** (called \"gazetted uses\") that are low-risk to the environment but don't allow the oil to be recycled — for example, burning it in a manufacturing process.\n\n## Who Can Claim?\n\nBusinesses involved in **oil recycling or re-refining** can apply. To receive payments, you must:\n1. **Register** with the relevant government authority (under a companion law, the Product Grants and Benefits Administration Act 2000); and\n2. **Make a claim** for each period — registration must come before the claim.\n\nThe amount you receive depends on factors set out in regulations, including the **volume**, **quality**, and **intended use** of the recycled oil.\n\n## Who Pays Into the System?\n\nThe scheme is funded indirectly through **levies (taxes) collected on oil imports and domestically produced oil** under customs and excise laws. The grant amounts must be calibrated against how much is collected from those levies.\n\n## Why It Matters\n\n- Used oil is a significant environmental hazard if dumped or improperly disposed of.\n- This law creates a financial reason for businesses to recycle oil rather than dump it.\n- State and Territory governments are also bound by this law.\n- The law applies across all of Australia, including external territories.\n- There is mandatory **independent review every 4 years** to check whether the scheme is actually achieving its environmental goals.\n\n## Recent Change to Note\n\nThe definition of \"oils\" was **updated in 2020** following a Federal Court case (*Caltex Australia Petroleum v Commissioner of Taxation*) to clarify exactly which products are covered — diesel and fuels are excluded."}},"importantCases":[],"_links":{"self":"/api/acts/product-stewardship-oil-act-2000","history":"/api/acts/product-stewardship-oil-act-2000/history","analysis":"/api/acts/product-stewardship-oil-act-2000/analysis","conflicts":"/api/acts/product-stewardship-oil-act-2000/conflicts","importantCases":"/api/acts/product-stewardship-oil-act-2000/important-cases","documents":"/api/acts/product-stewardship-oil-act-2000/documents"}}