Tasmanian Bills Clause Notes Tasmanian Bills Clause Notes[Index] [Search] [Download] [Bill] [Help]
PLASTIC SHOPPING BAGS BAN BILL 2013
CLAUSE NOTES
Clause 1 Short title
Clause 2 Commencement
Section 4 (`Plastic shopping bags not to be provided, &c.')
and Section 5 (`Director may require proof of plastic bag
composition to be provided') of the Act will commence on
1 November 2013. This will provide retailers and the
general public with a `transition period' of approximately 6
months before the Act's offence provisions come into force.
All other provisions of the Act will commence on Royal
Assent.
Clause 3 Interpretation
This clause provides interpretation and meanings of specific
terminology used in the Bill. In particular, the definitions of
"barrier bag", "biodegradable bag", "plastic shopping bag",
"relevant standard" and "retailer" are necessary to
understand the offence provisions in Clauses 4 and 5.
Barrier bag
A barrier bag is a thin plastic bag which is typically used to
pack perishable food items such as fruit, vegetables and
meat in supermarkets and other food outlets.
Biodegradable bag
For the purposes of the Bill, "biodegradable" means that a
bag can be reduced to carbon dioxide, water, biomass and
mineral salts in a commercial composting facility, in
accordance with the relevant Australian Standard.
Although biodegradation also typically includes a degree of
physical degradation or fragmentation, it is important to
recognise that `degradable' bags, which under the same
timescale only break down into smaller pieces of plastic and
therefore do not meet the Australian Standard, will not be
classified as "biodegradable."
Plastic shopping bag
This definition defines what is meant by a "plastic shopping
bag", and lists a number of important exclusions. It also
makes provision for the definition to be updated under any
future regulations.
For the purposes of the Bill, a "plastic shopping bag" is a
lightweight polyethylene bag with handles, of the type that is
mainly used at supermarket checkouts and in other retail
stores. The upper thickness limit for such a bag is defined
under the Bill as 35 microns, which is consistent with that
used in other jurisdictions.
Implicit in the definition is that heavier gauge polyethylene
bags, sometimes referred to as `boutique bags', will be
excluded from the ban because in principle they can be
reused a significant number of times.
Biodegradable bags will also be excluded from the ban
because they do not pose the same environmental risk as
non-biodegradable plastic bags.
For practical reasons, plastic bags that form an integral part
of packaging will be excluded; for example, bread
packaging. Barrier bags will also be excluded because of
the important role they play in customer health and safety.
Importantly, the definition makes it possible for other
exclusions to be included in any future regulations under the
proclaimed Act, which will assist manufacturers and
suppliers of innovative bag products.
Relevant standard
In this instance, "relevant standard" means the Australian
Standard for Biodegradable Plastics Suitable for
Composting and Other Microbial Treatment. The definition
has been included because it provides a technical reference
document for ensuring compliance with the provisions of the
proclaimed Act.
Retailer
This broad definition includes both wholesaler suppliers of
plastic bags, as well as their retail customers who supply
plastic (and other) bags to shoppers for carrying goods
away from the point of purchase.
Clause 4 Plastic shopping bags not to be provided &c.
Subclause 4(1) will make it an offence for a retailer to
supply a plastic shopping bag to shoppers for the purpose
of carrying purchased goods from the retailer's premises. In
most cases `premises' will be a retail store or shop, but will
also include market stalls or any other place where goods
may be purchased and taken away by the customer.
This subclause is essentially about the interaction between
`shopkeepers' and their customers, as opposed to the
interaction between wholesaler and `shopkeeper'.
2
Importantly, this clause means that provision of plastic bags
only becomes an offence if they are provided for the
purposes of taking away purchased goods. The provision
(including sale) of plastic bags will not, of itself, be an
offence.
Subclause 4(2) seeks to prevent any type of retailer (which
also includes wholesalers) from supplying false or
misleading information about the composition of a plastic
shopping bag. This is important for making sure that
supplied plastic bags have an acceptable thickness, or that
any claims of biodegradability can be supported.
Clause 5 Director may require proof of plastic bag composition
to be provided
This clause supports the provisions of clause 4 by
empowering the EPA Director to require in writing that a
retailer must provide evidence that a bag that is or was on
their premises is biodegradable.
Retailers will have at least 30 days to provide such
evidence, once they have been notified.
Clause 6 Act to be read together with Environmental
Management and Pollution Control Act 1994
For the purposes of administering or enforcing this Act, the
main practical purpose of Clause 6 is that it allows
authorised officers to use the powers given to them under
the Environmental Management and Pollution Control Act
1994 (EMPCA).
These include powers for authorised officers to enter and
inspect places, require the production of evidence and give
directions in connection with the administration and
enforcement of the Act.
It will also be an offence for a person to obstruct an
authorised officer performing a function or exercising a
power under the Act.
Clause 6 also clarifies that if there is any inconsistency
between the provisions or definitions in this Act and those of
EMPCA, then the provisions and definitions in this Act will
apply.
Clause 7 Regulations
This provides that the Governor may make regulations for
3
the purposes of the Act.
In particular, Clause 7 makes provision for the regulations to
adopt any relevant standards, or parts of standards, issued
by Standards Australia. For practical purposes this clause
could be used to adopt new standards, or changes in
standards, relating to plastic bag composition.
Clause 8 Administration of Act
This clause assigns administrative responsibility to the
Minister for Environment, Parks and Heritage, and the
Department of Primary Industries, Parks, Water and
Environment.
4