6Definitions

6 Definitions

(1) In this Act, unless the contrary intention appears:

Australia includes all the Territories.

Department means the Department responsible for the administration of the Environment Protection and Biodiversity Conservation Act 1999.

gazetted oil means oil of a kind that is declared by the Minister, by notice published in the Gazette, to be gazetted oil.

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:

(a) a use in the manufacture of a product:
(i) that will not permit the oil to be recycled; and
(ii) that constitutes only a low risk to the environment; or
(b) a use in a process:
(i) that will not permit the oil to be recycled; and
(ii) that constitutes only a low risk to the environment.

Minister means the Minister responsible for the administration of the Environment Protection and Biodiversity Conservation Act 1999.

oils means the following:

(a) petroleum based oils that are:
(i) lubricant base oils; or
(ii) prepared lubricant additives containing carrier oils; or
(iii) lubricants for engines, gear sets, pumps and bearings; or
(iv) greases; or
(v) hydraulic fluids; or
(vi) brake fluids; or
(vii) transmission oils; or
(viii) transformer and heat transfer oils;
(b) synthetic equivalents of goods covered by paragraph (a);
(c) any other goods prescribed for the purposes of this paragraph.

However, the following are not oils: (d) diesel; (e) blends of diesel and any other goods; (f) goods ordinarily used as a fuel; (g) any other goods prescribed for the purposes of this paragraph.

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.

product stewardship (oil) benefit means a grant payable under this Act.

recycled oil means:

(a) goods produced from used oil; or
(b) used oil that has been restored to its former state.

recycling of oils means:

(a) the production of goods from used oils; or
(b) the restoring of used oils to their former state.