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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
PLASTIC SHOPPING BAGS BAN BILL 2013
__________
CONTENTS
1. Short title
2. Commencement
3. Interpretation
4. Plastic shopping bags not to be provided, &c.
5. Director may require proof of plastic bag composition to be
provided
6. Act to be read together with Environmental Management and
Pollution Control Act 1994
7. Regulations
8. Administration of Act
[Bill 22]-XI
2
PLASTIC SHOPPING BAGS BAN BILL 2013
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
P. R. ALCOCK, Clerk of the House
18 April 2013
(Brought in by the Minister for Environment, Parks and
Heritage, the Honourable Brian Neal Wightman)
A BILL FOR
An Act to prevent, so as to minimise environmental
pollution, the provision by retailers of certain plastic bags,
and for related purposes
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Plastic Shopping
Bags Ban Act 2013.
2. Commencement
(1) Sections 4 and 5 commence on
1 November 2013.
(2) The remaining provisions of this Act commence
on the day on which this Act receives the Royal
Assent.
[Bill 22] 3
Plastic Shopping Bags Ban Act 2013
Act No. of
s. 3
3. Interpretation
In this Act, unless the contrary intention
appears -
barrier bag means a bag used to carry
unpackaged perishable food, including,
but not limited to including, fruit,
vegetables, meat and fish;
biodegradable bag means a bag comprised of
material of a type that has been assessed
in accordance with the relevant standard
and can, in accordance with the relevant
standard, be designated as compostable;
plastic shopping bag means a bag, with
handles, that is -
(a) made, in whole or in part, of
polyethylene with a thickness of
less than 35 microns; or
(b) a bag of a type prescribed by
regulations to be a plastic
shopping bag -
but does not include -
(c) a biodegradable bag; or
(d) a plastic bag that is an integral
part of the packaging in which
goods are sealed before sale; or
(e) a barrier bag; or
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Plastic Shopping Bags Ban Act 2013
Act No. of
s. 4
(f) a bag of a type prescribed by
regulations to not be a plastic
shopping bag;
relevant standard means Australian Standard
AS 4736-2006 Biodegradable plastics -
Biodegradable plastics suitable for
composting and other microbial
treatment, as in force from time to time,
published by Standards Australia, or, if
another standard published by Standards
Australia replaces that standard, that
other standard;
retailer means a person who sells goods in
trade or commerce.
4. Plastic shopping bags not to be provided, &c.
(1) A retailer must not provide to a person a plastic
shopping bag for the purpose of enabling goods
sold, or to be sold, by the retailer, to be carried
from the retailer's premises.
Penalty: In the case of -
(a) a body corporate, a fine not
exceeding 50 penalty units; or
(b) an individual, a fine not
exceeding 20 penalty units.
(2) A retailer must not give to a person information,
about the composition of a plastic shopping bag,
that the retailer knows, or ought reasonably be
expected to know, is false or misleading.
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Plastic Shopping Bags Ban Act 2013
Act No. of
s. 5
Penalty: In the case of -
(a) a body corporate, a fine not
exceeding 100 penalty units; or
(b) an individual, a fine not
exceeding 50 penalty units.
5. Director may require proof of plastic bag
composition to be provided
(1) The Director, by notice in writing to a retailer,
may require the retailer to provide to the
Director, within a period specified in the notice,
evidence, of the kind specified in the notice, as
to whether a bag that is, or that was, on the
retailer's premises is a biodegradable bag.
(2) The period specified in a notice under
subsection (1) to a retailer is not to be less than
30 days from the day on which the notice is
issued to the retailer.
(3) A retailer to whom a notice is issued under
subsection (1) must, within the period specified
in the notice, provide evidence, of the kind
specified in the notice, as to whether a bag to
which the notice relates is a biodegradable bag.
Penalty: In the case of -
(a) a body corporate, a fine not
exceeding 50 penalty units; or
(b) an individual, a fine not
exceeding 20 penalty units.
6
Plastic Shopping Bags Ban Act 2013
Act No. of
s. 6
6. Act to be read together with Environmental
Management and Pollution Control Act 1994
(1) This Act and the Environmental Management
and Pollution Control Act 1994 are to be read
together as if the 2 Acts constituted a single Act.
(2) Without derogating from subsection (1) -
(a) words and expressions used in this Act
that are defined in the Environmental
Management and Pollution Control Act
1994 and not in this Act have, unless the
contrary intention appears, the same
respective meanings; and
(b) a reference to this Act in the
Environmental Management and
Pollution Control Act 1994 (including,
for the avoidance of doubt, in section 72
of that Act) extends, unless the contrary
intention appears, to this Act; and
(c) a reference to the regulations in the
Environmental Management and
Pollution Control Act 1994 (including,
for the avoidance of doubt, in section 72
of that Act) extends, unless the contrary
intention appears, to regulations made
under this Act; and
(d) authorised officers may exercise their
powers under the Environmental
Management and Pollution Control Act
1994 for the purposes of the
administration and enforcement of this
Act.
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Plastic Shopping Bags Ban Act 2013
Act No. of
s. 7
(3) In the event of an inconsistency between this Act
and the Environmental Management and
Pollution Control Act 1994, the provisions of
this Act prevail.
7. Regulations
(1) The Governor may make regulations for the
purposes of this Act.
(2) The regulations may be made so as to apply
differently according to matters, limitations or
restrictions, whether as to time, circumstance or
otherwise, specified in the regulations.
(3) The regulations may -
(a) provide that a contravention of any of the
regulations is an offence; and
(b) in respect of such an offence, provide for
the imposition of a fine not exceeding 50
penalty units.
(4) The regulations may authorise any matter to be
from time to time determined, applied or
regulated by the Director.
(5) The regulations may adopt, either wholly or in
part and with or without modification, and either
specifically or by reference, any of the standards
of Standards Australia, whether the standards are
published or issued before or after the
commencement of all of the provisions of this
Act.
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Plastic Shopping Bags Ban Act 2013
Act No. of
s. 8
(6) A reference in subsection (5) to standards
includes a reference to an amendment of those
standards, whether the amendment is published
or issued before or after the commencement of
all of the provisions of this Act.
8. Administration of Act
Until provision is made in relation to this Act by
order under section 4 of the Administrative
Arrangements Act 1990 -
(a) the administration of this Act is assigned
to the Minister for Environment, Parks
and Heritage; and
(b) the department responsible to that
Minister in relation to the administration
of this Act is the Department of Primary
Industries, Parks, Water and
Environment.
Government Printer, Tasmania 9