Product Stewardship (Oil) Amendment Regulations 2008 (No. 1) (SLI No. 28 of 2008)

0804898A-080311EV Product Stewardship (Oil) Amendment Regulations 2008 (No. 1)1 Select Legislative Instrument 2008 No. 28 I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Product Stewardship (Oil) Act 2000. Dated 20 March 2008 P. M. JEFFERY Governor-General By His Excellency’s Command PETER ROBERT GARRETT Minister for the Environment, Heritage and the Arts Contents Page 2 Product Stewardship (Oil) Amendment Regulations 2008 (No. 1) 2008, 28 Contents 1 Name of Regulations 3 2 Commencement 3 3 Amendment of Product Stewardship (Oil) Regulations 2000 3 4 Amendment of Product Stewardship (Oil) Regulations 2000 3 5 Amendment of Product Stewardship (Oil) Regulations 2000 3 6 Amendment of Product Stewardship (Oil) Regulations 2000 4 Schedule 1 Amendments taken to have commenced immediately after commencement of section 10 of Product Stewardship (Oil) Act 2000 5 Schedule 2 Amendments taken to have commenced immediately after commencement of Product Stewardship (Oil) Amendment Regulations 2003 (No.1) 7 Schedule 3 Amendments taken to have commenced immediately after commencement of Product Stewardship (Oil) Amendment Regulations 2005 (No.1) 9 Schedule 4 Amendments commencing on day after registration 10 Regulation 5 2008, 28 Product Stewardship (Oil) Amendment Regulations 2008 (No. 1) 3 1 Name of Regulations These Regulations are the Product Stewardship (Oil) Amendment Regulations 2008 (No. 1). 2 Commencement These Regulations commence, or are taken to have commenced, as follows: (a) immediately after the commencement of section 10 of the Product Stewardship (Oil) Act 2000 — regulations 1 to 3 and Schedule 1; (b) immediately after the Product Stewardship (Oil) Amendment Regulations 2003 (No. 1) are taken to have commenced — regulation 4 and Schedule 2; (c) immediately after the commencement of the Product Stewardship (Oil) Amendment Regulations 2005 (No. 1) — regulation 5 and Schedule 3; (d) on the day after they are registered — regulation 6 and Schedule 4. 3 Amendment of Product Stewardship (Oil) Regulations 2000 Schedule 1 amends the Product Stewardship (Oil) Regulations 2000. 4 Amendment of Product Stewardship (Oil) Regulations 2000 Schedule 2 amends the Product Stewardship (Oil) Regulations 2000. 5 Amendment of Product Stewardship (Oil) Regulations 2000 Schedule 3 amends the Product Stewardship (Oil) Regulations 2000. Regulation 6 4 Product Stewardship (Oil) Amendment Regulations 2008 (No. 1) 2008, 28 6 Amendment of Product Stewardship (Oil) Regulations 2000 Schedule 4 amends the Product Stewardship (Oil) Regulations 2000. Amendments taken to have commenced immediately after commencement of section 10 of Product Stewardship (Oil) Act 2000 Schedule 1 2008, 28 Product Stewardship (Oil) Amendment Regulations 2008 (No. 1) 5 Schedule 1 Amendments taken to have commenced immediately after commencement of section 10 of Product Stewardship (Oil) Act 2000 (regulation 3) [1] Regulation 3, definitions of EPA and EPA test substitute independent laboratory means a laboratory that: (a) is independent of the person making the claim for product stewardship (oil) benefit; and (b) operates at arm’s length from the person; and (c) has appropriate facilities, resources and expertise to conduct the tests necessary for the purposes of Schedule 1. [2] Paragraphs 4 (3) (a) and (b) substitute (a) an independent laboratory must test the oil against the criteria mentioned in Schedule 1; and (b) the test results must be given to the Commissioner: (i) with the first claim for benefit; and (ii) at intervals of not more than 6 months while the benefit is being claimed. Schedule 1 Amendments taken to have commenced immediately after commencement of section 10 of Product Stewardship (Oil) Act 2000 6 Product Stewardship (Oil) Amendment Regulations 2008 (No. 1) 2008, 28 [3] Subregulations 4 (4) and (5) omit [4] Schedule 1, clause 1 omit (American Society for Testing and Materials test number E1687-98) [5] Schedule 1, clause 2 omit , demonstrated by meeting the criteria mentioned in EPA test SW- 846 8275A [6] Schedule 1, clause 3 omit , demonstrated by meeting the criteria mentioned in EPA test SW-846 8082 [7] Schedule 1, clause 4 omit , demonstrated by meeting the criteria mentioned in EPA test SW-846 8290 [8] Schedule 1, clause 5 omit , demonstrated by meeting the criteria mentioned in American Society for Testing and Materials test number D974-97 Amendments taken to have commenced immediately after commencement of Product Stewardship (Oil) Amendment Regulations 2003 (No.1) Schedule 2 2008, 28 Product Stewardship (Oil) Amendment Regulations 2008 (No. 1) 7 Schedule 2 Amendments taken to have commenced immediately after commencement of Product Stewardship (Oil) Amendment Regulations 2003 (No.1) (regulation 4) [1] Schedule 1, clause 1 omit (American Society for Testing and Materials test number E1687-98) [2] Schedule 1, subclause 2 (4) omit [3] Schedule 1, clause 3 omit , determined using EPA test SW-846 Method 8082 or American Society for Testing and Materials Method D4059 [4] Schedule 1, clause 4 omit , determined using EPA Method 1613A [5] Schedule 1, clause 5 omit , determined using American Society for Testing and Materials Method D974-97 Schedule 2 Amendments taken to have commenced immediately after commencement of Product Stewardship (Oil) Amendment Regulations 2003 (No.1) 8 Product Stewardship (Oil) Amendment Regulations 2008 (No. 1) 2008, 28 [6] Schedule 1, clause 6 omit (1) [7] Schedule 1, subclause 6 (2) omit [8] Schedule 1, clause 8 omit Amendments taken to have commenced immediately after commencement of Product Stewardship (Oil) Amendment Regulations 2005 (No.1) Schedule 3 2008, 28 Product Stewardship (Oil) Amendment Regulations 2008 (No. 1) 9 Schedule 3 Amendments taken to have commenced immediately after commencement of Product Stewardship (Oil) Amendment Regulations 2005 (No.1) (regulation 5) [1] Regulation 3, definition of EPA method and EPA test substitute independent laboratory means a laboratory that: (a) is independent of the person making the claim for product stewardship (oil) benefit; and (b) operates at arm’s length from the person; and (c) has appropriate facilities, resources and expertise to conduct the tests necessary for the purposes of Schedule 1. Schedule 4 Amendments commencing on day after registration 10 Product Stewardship (Oil) Amendment Regulations 2008 (No. 1) 2008, 28 Schedule 4 Amendments commencing on day after registration (regulation 6) [1] After subregulation 4 (3) insert (4) For paragraph (3) (a), a sample may be tested only if an employee of an independent laboratory certifies that: (a) the sample is representative of a production run of the product; and (b) he or she is satisfied that the sample was not tampered with after it was collected and before it was dispatched to the laboratory. (5) For paragraph (3) (a), the independent laboratory undertaking the test must certify that the sample tested was not tampered with after receipt by the laboratory and before testing. Note 1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.