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