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This is a Bill, not an Act. For current law, see the Acts databases.
2020
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Transport and City Services)
Contents
Page
2020
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Transport and City Services)
A Bill for
An Act to reduce the use of plastic, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Plastic Reduction Act 2020
.
This Act commences on 1 July 2021.
Note The naming and commencement provisions automatically commence on
the notification day (see
, s 75 (1)).
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
For example, the signpost definition ‘prohibited plastic product—see section 7.’ means that the term ‘prohibited plastic product’ is defined in that section.
Note 2 A definition in the dictionary (including a signpost
definition) applies to the entire Act unless the definition, or another
provision of the Act, provides otherwise or the contrary intention otherwise
appears (see
, s 155 and s 156 (1)).
A note included in this Act is explanatory and is not part of this Act.
Note See the
, s 127 (1), (4) and (5) for the legal status of notes.
5 Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1 Criminal Code
The
, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2 Penalty units
The
, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
The objects of this Act are to reduce—
(a) the use of plastic in the ACT; and
(b) the impact of plastic on the environment, including the impact of the production and post-consumption persistence of plastic; and
(c) the impact of plastic on waste management and resource recovery
systems.
7 Meaning of prohibited plastic product
(1) In this Act:
prohibited plastic product—
(a) means any of the following:
(i) a single-use expanded polystyrene container for serving food or a beverage;
(ii) a single-use plastic beverage stirrer;
(iii) single-use plastic cutlery;
(iv) a single-use plastic shopping bag;
(v) any other single-use plastic product prescribed by regulation;
(vi) a non-compostable degradable plastic product prescribed by regulation; but
(b) does not include a single-use item mentioned in paragraph (a) (i) to (v) that is an integrated packaging item.
(2) In this section:
barrier bag means a bag used to carry unpackaged perishable food, including fruit, vegetables, meat and fish.
compostable, in relation to a plastic bag, means a plastic bag that is designated—
(a) compostable in accordance with Australian Standard AS 4736-2006 (Biodegradable plastics suitable for composting and other microbial treatment) as in force from time to time; or
(b) home compostable in accordance with Australian Standard AS 5810-2010 (Biodegradable plastics—Biodegradable plastics suitable for home composting) as in force from time to time.
Note AS 4736-2006 and AS 5810-2010 may be purchased at www.standards.org.au
.
integrated packaging item—
(a) means an item that is an integral part of the packaging in which goods, including pre-packaged portions of food or a beverage, are sealed before the goods are supplied; but
(b) does not include an item prescribed by regulation.
Examples—par (a)
1 a sealed expanded polystyrene cup containing dry noodles with flavouring
2 a sealed expanded polystyrene tray containing fruit, vegetables or uncooked meat
3 shrink-wrapping on a box of cereal
4 a fork included in a pre-packed salad
5 a spoon attached to an ice-cream cup
6 a plate forming part of a frozen meal
single-use plastic shopping bag—
(a) means—
(i) a bag that is made (in whole or in part) of polyethylene with a thickness of less than 35 microns; or
(ii) a bag prescribed by regulation to be a single-use plastic shopping bag; but
(b) does not include—
(i) a barrier bag; or
(ii) a compostable bag; or
(iii) a bag prescribed by regulation not to be a single-use plastic shopping bag.
(1) For this Act, a single-use plastic product is a plastic product that is designed or intended to be used once only.
Example
A cafe sells coffee in plastic take-away cups under a cup-return scheme. Under the scheme, a customer buys their coffee in a plastic take-away cup and returns the empty cup to the cafe or any other participating cafe to be washed and re-used by other customers of the cafe. The use and return of the plastic take-away cups is tracked using a mobile phone app. The plastic take-away cups are not intended to be used once only.
(2) Subsection (1) applies even if a single-use plastic product may be subsequently re-used.
Example—subsequent re-use
A restaurant selling take-away food places the prepared food in plastic take-away food containers and then in a single-use plastic shopping bag along with plastic cutlery for a customer to take away and eat. The customer washes the empty plastic take-away containers and re-uses them to take their lunch to work. The customer also re-uses the single-use plastic shopping bag as a bin liner and the plastic cutlery as planting labels for seedlings. The subsequent re-use of these items is unrelated to the restaurant’s original intended use.
(3) For subsection (1), used once may include multiple purposes within the 1 use.
Example—multiple purposes
Fresh herbs are placed in a plastic sleeve by the grower. The plastic sleeve has the following purposes:
(a) portioning the herbs for sale;
(b) protecting the herbs during transport to the supermarket;
(c) extending the shelf-life of the herbs at the supermarket;
(d) protecting the herbs during purchase and transport to the home of the ultimate consumer.
(1) In this Act:
supply, a plastic product—
(a) means provide, by way of sale or otherwise, a plastic product; and
(b) includes providing a plastic product to a person—
(i) as a container or packaging for another product that is provided to the person; or
(ii) for use with, or in relation to, another product that is provided to the person; but
(c) does not include providing a plastic product in a domestic setting.
Example—par (b) (i)
giving a customer in a restaurant a plastic take-away container to put uneaten restaurant food into
Example—par (b) (ii)
making plastic beverage stirrers available on the counter at a coffee shop
Examples—par (c)
1 a parent giving a child a plastic fork for the child to eat their home-packed lunch
2 taking plastic cutlery to a picnic
(2) In this section:
provide, a plastic product, includes—
(a) offer to provide the product to someone else; or
(b) receive or possess the product for the purpose of providing it to someone else; or
(c) display the product for the purpose of providing it to someone else; or
(d) cause or permit the product to be provided to someone else.
Part 3 Supplying prohibited plastic products
10 Supply of prohibited plastic products
(1) A person commits an offence if the person supplies a prohibited plastic product.
Maximum penalty: 50 penalty units.
Note A person or plastic product may be exempted by the Minister under s 17.
(2) An offence against this section is a strict liability offence.
11 False representation about prohibited plastic product
A person commits an offence if the person—
(a) supplies a prohibited plastic product; and
(b) in the course of supplying the product, intentionally or recklessly falsely represents that the product is not a prohibited plastic product.
Maximum penalty: 50 penalty units.
12 Notice to dispose of prohibited plastic products
(1) This section applies if an authorised person believes on reasonable grounds that a person has contravened section 10.
(2) The authorised person may, by written notice to the person, require the person to dispose of the prohibited plastic product in a stated way within a reasonable stated period.
Note If the notice is given to a person who may apply to the ACAT for review of the decision, the notice must be a reviewable decision notice (see s 40).
(3) For subsection (2), the authorised person may only state a way of disposal that—
(a) does not unreasonably financially disadvantage the person; and
(b) is consistent with the objects of this Act.
Example—par (b)
a direction to take the prohibited plastic product to a waste management and resource recovery centre for appropriate disposal
(4) The notice must contain a statement to the effect that if the prohibited plastic product is not disposed of in accordance with the notice—
(a) an authorised person may authorise a stated person to remove and dispose of the prohibited plastic product; and
(b) the reasonable cost of the removal and disposal is a debt due to the Territory by the person who is required to comply with the notice.
Note An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act
, s 177).
(5) A person commits an offence if the person—
(a) is given a notice under subsection (2); and
(b) fails to comply with the notice.
Maximum penalty: 20 penalty units.
(6) An offence against this section is a strict liability offence.
13 Authorised person may remove and dispose of prohibited plastic products if notice not complied with
(1) This section applies if a person fails to comply with a notice under section 12.
(2) An authorised person may—
(a) remove and dispose of the prohibited plastic product the subject of the notice; or
(b) authorise a stated person to remove and dispose of the prohibited plastic product.
(3) However, the authorised person or a stated person must not remove and dispose of the prohibited plastic product—
(a) until the end of the period (or any extended period) within which an application may be made to the ACAT for review of the decision to which the notice relates; or
(b) if an application is made to the ACAT for a review of the decision—unless the decision is upheld or the application is withdrawn.
14 Liability for cost of disposal of prohibited plastic products
A person who fails to comply with a requirement in a notice under section 12 must pay to the Territory the reasonable cost of any removal or disposal carried out under section 13.
Note An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act
, s 177).
Part 4 Supplying other single-use plastic products—declared public events
15 Declaration of public events
(1) The Minister may declare that—
(a) a public event is an event to which this part applies (a declared public event); and
(b) a single-use plastic product other than a prohibited plastic product (a declared single-use plastic product) must not be supplied at the event.
Note Part 3 deals with the supply of prohibited plastic products.
(2) The Minister may only make a declaration under subsection (1) in relation to a public event that is not a government event if—
(a) the declaration is made not less than 3 months before the day the event starts; and
(b) the Minister is satisfied that—
(i) there is an alternative product to the declared single-use plastic product reasonably available to the organisers of the declared public event; and
(ii) the declaration will not have an unreasonable impact on the event.
Examples—unreasonable impact
1 supplies of the declared single-use plastic product have already been purchased by food vendors in advance of the public event
2 not having the declared single-use plastic product available for use at the public event would be incompatible with food safety requirements
3 the cost of the alternative product will make it unprofitable for food vendors to participate in the public event
(3) A declaration is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act
.
(4) In this section:
government event means an event conducted by the Territory.
16 Supply of declared single-use plastic products at declared public event prohibited
(1) A person commits an offence if—
(a) the person supplies a declared single-use plastic product; and
(b) the supply is to a person at a declared public event.
Maximum penalty: 50 penalty units.
(2) An offence against this section is a strict liability offence.
(3) In this section:
declared public event—see section 15 (1).
declared single-use plastic product—see section 15
(1).
17 Minister may exempt person or plastic product
(1) The Minister may, on application or on the Minister’s own initiative, exempt the following from a provision of this Act:
(a) a person;
(b) a plastic product.
Note Power to make a statutory instrument includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act
, s 48).
(2) An application must include the information prescribed by regulation.
(3) The Minister may make an exemption in relation to a provision only if satisfied that—
(a) for subsection (1) (a)—
(i) it is not practicable or in the public interest for the person to comply with the provision; or
(ii) it is not consistent with the person’s human rights for the person to comply with the provision; and
(b) noncompliance with the provision will not have any significant adverse effect on public health, property or the environment.
(4) An exemption is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act
.
(5) An exemption may commence on a day earlier than its notification day.
(1) The Minister may make an exemption under section 17 on condition.
(2) A person commits an offence if—
(a) an exemption applies to the person or a prohibited plastic product; and
(b) the person supplies a prohibited plastic product in contravention of a condition of the exemption.
Maximum penalty: 50 penalty units.
(3) An offence against this section is a strict liability offence.
In this part:
authorised person means—
(a) a person appointed as an authorised person under section 20; or
(b) a person appointed as an investigator under the Fair Trading (Australian Consumer Law) Act 1992
, section 36; or
(c) a public health officer authorised under the Public Health Act 1997
, section 12A (2) as an authorised officer for the Food Act 2001
or a provision of that Act.
connected—a thing is connected with an offence if—
(a) the offence has been committed in relation to it; or
(b) it will provide evidence of the commission of the offence; or
(c) it was used, is being used, or is intended to be used, to commit the offence.
occupier, of premises, includes—
(a) a person believed on reasonable grounds to be an occupier of the premises; and
(b) a person apparently in charge of the premises.
offence includes an offence that there are reasonable grounds for believing has been, is being, or will be, committed.
premises includes a space in a larger area used for the sale of a product to consumers.
Example
a food stall at an open-air fresh produce market
20 Appointment of authorised people
The director-general may appoint a public servant as an authorised person for this Act.
Note 1 For the making of appointments (including acting appointments),
see the
, pt 19.3.
Note 2 In particular, a person may be appointed for a particular
provision of a law (see
, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act
, s 207).
(1) The director-general must give an authorised person an identity card stating the person’s name and that the person is an authorised person.
(2) The identity card must show—
(a) a recent photograph of the person; and
(b) the card’s date of issue and expiry; and
(c) anything else prescribed by regulation.
(3) A person commits an offence if—
(a) the person stops being an authorised person; and
(b) the person does not return the person’s identity card to the director-general as soon as practicable, but no later than 7 days after the day the person stops being an authorised person.
Maximum penalty: 1 penalty unit.
(4) An offence against this section is a strict liability offence.
Division 6.2 Powers of authorised people
22 Authorised person must show identity card on exercising power
(1) If an authorised person exercises a power under this Act that affects an individual, the authorised person must first show the authorised person’s identity card to the individual.
(2) If an authorised person exercises a power under this Act that affects a person, other than an individual, the authorised person must first show the authorised person’s identity card to an individual the authorised person believes on reasonable grounds is an employee, officer or agent of the person.
Examples—person other than an individual
• corporation
• partnership
(1) For this Act, an authorised officer may—
(a) at any reasonable time, enter premises that the public is entitled to use or that are open to the public (whether or not on payment of money); or
(b) at any time, enter premises with the occupier’s consent; or
(c) at any time, enter premises if the authorised officer believes on reasonable grounds that an offence against this Act is being, or is likely to be, or has just been, committed at premises not on public land; or
(d) enter premises in accordance with a search warrant.
(2) However—
(a) subsection (1) (a) does not authorise entry into a part of the premises that is being used only for residential purposes; and
(b) subsection (1) (c) does not authorise entry into premises that are used for residential purposes, unless the premises are also the place from which a business is conducted.
(3) An authorised person may, without the occupier’s consent, enter the land around premises to ask for consent to enter the premises.
(4) To remove any doubt, an authorised person may enter premises under subsection (1) without payment of an entry fee or other charge.
(5) An authorised person who enters premises under this section may inspect the premises or anything on it.
24 Production of identity card
An authorised person and any other person other than a police officer who is accompanying the authorised person may not remain at premises entered under this part if the authorised person does not produce their identity card when asked by the occupier.
(1) This section applies if an authorised person intends to ask the occupier of premises to consent to the authorised person entering the premises.
(2) Before asking for the consent, the authorised person must—
(a) produce their identity card; and
(b) tell the occupier—
(i) the purpose of the entry; and
(ii) the reason for, and identity of, any other person accompanying the authorised person; and
(iii) that anything found and seized under this part may be used in evidence in court; and
(iv) that consent may be refused.
(3) If the occupier consents, the authorised person must ask the occupier to sign a written acknowledgment (an acknowledgment of consent)—
(a) that the occupier was told—
(i) the purpose of the entry; and
(ii) the reason for, and identity of, any other person accompanying the authorised person; and
(iii) that anything found and seized under this part may be used in evidence in court; and
(iv) that consent may be refused; and
(b) that the occupier consents to the entry; and
(c) stating the time and date when consent was given.
(4) If the occupier signs an acknowledgment of consent, the authorised person must immediately give a copy to the occupier.
(5) A court must find that the occupier did not consent if—
(a) a question arises, in a proceeding in the court, whether the occupier consented to the authorised person entering the premises under this part; and
(b) an acknowledgment under this section is not produced in evidence for the entry; and
(c) it is not proved that the occupier consented to the entry.
26 General powers on entry to premises
(1) An authorised person who enters premises under this part may, for this Act, do 1 or more of the following in relation to the premises or anything at the premises:
(a) examine anything;
(b) examine and copy, or take extracts from, documents relating to a contravention, or possible contravention, of this Act;
(c) take photographs, films, or audio, video or other recordings;
(d) require the occupier, or anyone at the premises, to give information, answer questions, or produce a document or anything else (whether the information, document or other thing is at the premises or elsewhere) that the occupier or person at the premises has, or has access to, that is reasonably necessary to exercise a function under this Act;
(e) require the occupier, or anyone else at the premises, to give the authorised person copies of documents produced under paragraph (d) that are reasonably necessary to exercise a function under this Act;
(f) require the occupier, or anyone else at the premises, to give the authorised person reasonable help to exercise a power under this part.
Note The
, s 170 and s 171 deal with the application of the privilege against self-incrimination and client legal privilege.
(2) A person must take all reasonable steps to comply with a requirement made of the person under subsection (1) (d), (e) or (f).
Maximum penalty: 50 penalty units.
27 Power to obtain information
(1) An authorised person may, in writing, require any of the following people to give the authorised person information, or produce documents or anything else, that the person has, or has access to, that are reasonably required by the authorised person for this Act:
(a) a person who supplies food or beverages in the ACT;
(b) a person who supplies or manufactures plastic products in the ACT.
(2) A person must take reasonable steps to comply with a requirement made of the person under this section.
Maximum penalty: 50 penalty units.
28 Abrogation of privilege against self-incrimination
(1) A person is not excused from answering a question or providing information or a document under this part on the ground that the answer to the question, or the information or document, may tend to incriminate the person or expose the person to a penalty.
(2) However, any information, document or thing obtained, directly or indirectly, because of the giving of the answer or the production of the document is not admissible in evidence against the person in a civil or criminal proceeding, other than a proceeding for an offence arising out of the false or misleading nature of the answer, information or document.
(1) Before requiring a person to comply with a requirement under section 26 (1) (d) or (e) or section 27, an authorised person must warn the person—
(a) that failure to comply constitutes an offence; and
(b) about the effect of section 28.
(2) It is not an offence for an individual to refuse to answer a question put by an authorised person or provide information or a document to an authorised person under section 26 (1) (d) or (e) or section 27 on the ground that the question, information or document might tend to incriminate the individual, unless the individual was first given the warning in subsection (1) (b).
(3) Nothing in this section prevents an authorised person from obtaining and using evidence given to the authorised person voluntarily by any person.
(1) An authorised person who enters premises under this part with the occupier’s consent may seize anything at the premises if seizure of the thing is consistent with the purpose of the entry told to the occupier when seeking the occupier’s consent.
(2) An authorised person who enters premises under a warrant under this part may seize anything at the premises that the authorised person is authorised to seize under the warrant.
(3) An authorised person who enters premises under this part (whether with the occupier’s consent, under a warrant or otherwise) may seize anything at the premises if satisfied on reasonable grounds that—
(a) the thing is connected with an offence against this Act; and
(b) the seizure is necessary to prevent the thing from being—
(i) concealed, lost or destroyed; or
(ii) used to commit, continue or repeat the offence.
(4) Having seized a thing, an authorised person may—
(a) remove the thing from the premises where it was seized (the place of seizure) to another place; or
(b) leave the thing at the place of seizure but restrict access to it.
(5) A person commits an offence if—
(a) the person interferes with a seized thing, or anything containing a seized thing, to which access has been restricted under subsection (4); and
(b) the person does not have an authorised person’s approval to interfere with the thing.
Maximum penalty: 50 penalty units.
(6) An offence against subsection (5) is a strict liability offence.
31 Direction to give name and address
(1) This section applies if an authorised person believes on reasonable grounds that a person—
(a) has committed, is committing or is about to commit an offence against this Act; or
(b) may be able to assist in the investigation of an offence against this Act.
Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act
, s 104).
(2) The authorised person may direct the person to give the authorised person, immediately, either of the following personal details:
(a) the person’s full name;
(b) the person’s home address.
Note The authorised person must first show the person the authorised person’s identity card (see s 22).
(3) If the authorised person believes on reasonable grounds that a personal detail given by a person in response to a name and address direction is false or misleading, the authorised person may direct the person to produce evidence, immediately, of the correctness of the detail.
(4) If an authorised person gives a direction to a person, the authorised person must tell the person that it is an offence if the person fails to comply with the direction.
(5) If an authorised person gives a direction to a person, the authorised person must give the direction in a language, or in a way of communicating, that the authorised person believes on reasonable grounds the person is likely to understand.
32 Offence—fail to comply with direction to give name and address
(1) A person commits an offence if the person fails to comply with a direction under section 31.
Maximum penalty: 5 penalty units.
Note It is an offence to make a false or misleading statement or give false or misleading information (see Criminal Code
, pt 3.4).
(2) An offence against this section is a strict liability offence.
(3) This section does not apply to a person if the authorised person, before giving the direction, did not—
(a) produce the authorised person’s identity card for inspection by the person; or
(b) warn the person that failure to comply with the direction is an offence.
(4) Also, for a direction under section 31 (3), this section does not apply if the person produces evidence of the correctness of the detail not more than 3 days after the day the direction was given.
Note The defendant has an evidential burden in relation to the matters mentioned in s (3) and s (4) (see Criminal Code
, s 58).
(1) If an authorised person enters premises under a relevant Act—
(a) the authorised person may exercise a power under this part in relation to the premises; and
(b) with the consent of the occupier of the premises—the occupier is taken to have given consent under section 25 if the occupier signed a written acknowledgment that the occupier was told that the authorised person may also exercise a power under this part in relation to the premises.
(2) In this section:
relevant Act means—
(a) the
; or
(b) the
.
(1) An authorised person may apply to a magistrate for a warrant to enter premises.
(2) The application must—
(a) be sworn; and
(b) state the grounds on which the warrant is sought.
(3) The magistrate may refuse to consider the application until the authorised person gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.
(4) The magistrate may issue a warrant only if satisfied there are reasonable grounds for suspecting—
(a) there is a particular thing or activity connected with an offence against this Act; and
(b) the thing or activity—
(i) is, or is being engaged in, at the premises; or
(ii) may be, or may be engaged in, at the premises within the next 14 days.
(5) The warrant must state—
(a) that an authorised person may, with any necessary assistance and force, enter the premises and exercise the authorised person’s powers under this part; and
(b) the offence for which the warrant is issued; and
(c) the things that may be seized under the warrant; and
(d) the hours when the premises may be entered; and
(e) the date, within 14 days after the day of the warrant’s issue, when the warrant ends.
35 Warrants—application other than in person
(1) An authorised person may apply for a warrant by phone, fax, radio, email, letter or other form of communication if the authorised person considers it necessary because of—
(a) urgent circumstances; or
(b) other special circumstances.
(2) Before applying for the warrant, the authorised person must prepare an application stating the grounds on which the warrant is sought.
(3) The authorised person may apply for the warrant before the application is sworn.
(4) After issuing the warrant, the magistrate must immediately give a written copy to the authorised person if it is practicable to do so.
(5) If it is not practicable to give a written copy of the warrant to the authorised person—
(a) the magistrate must tell the authorised person—
(i) what the terms of the warrant are; and
(ii) the date and time the warrant was issued; and
(b) the authorised person must complete a form of warrant (the warrant form) and write on it—
(i) the magistrate’s name; and
(ii) the date and time the magistrate issued the warrant; and
(iii) the warrant’s terms.
(6) The written copy of the warrant, or the warrant form properly completed by the authorised person, authorises the entry and the exercise of the authorised person’s powers under this part.
(7) The authorised person must, at the first reasonable opportunity, send to the magistrate—
(a) the sworn application; and
(b) if the authorised person completed a warrant form—the completed warrant form.
(8) On receiving the documents mentioned in subsection (7), the magistrate must attach them to the warrant.
(9) A court must find that a power exercised by an authorised person was not authorised by a warrant under this section if—
(a) a question arises in a proceeding before the court whether the exercise of power was authorised by a warrant; and
(b) the warrant is not produced in evidence; and
(c) it is not proved that the exercise of power was authorised by a warrant under this section.
36 Search warrants—announcement before entry
(1) An authorised person must, before anyone enters premises under a search warrant—
(a) announce that the authorised person is authorised to enter the premises; and
(b) give anyone at the premises an opportunity to allow entry to the premises; and
(c) if the occupier of the premises, or someone else who apparently represents the occupier, is present at the premises—identify themselves to the person.
(2) The authorised person is not required to comply with subsection (1) if the authorised person believes on reasonable grounds that immediate entry to the premises is required to ensure—
(a) the safety of anyone (including the authorised person or any person assisting an authorised person); or
(b) that the effective execution of the warrant is not frustrated.
37 Details of search warrant to be given to occupier etc
If the occupier of the premises, or someone else who apparently represents the occupier, is present at the premises while a search warrant is being executed, the authorised person or a person assisting must make available to the person—
(a) a copy of—
(i) the warrant; or
(ii) if section 34 (5) applies—the completed warrant form; and
(b) a document setting out the rights and obligations of the person.
38 Occupier entitled to be present during search etc
(1) If the occupier of the premises, or someone else who apparently represents the occupier, is present at the premises while a search warrant is being executed, the person is entitled to observe the search being conducted.
(2) However, the person is not entitled to observe the search if—
(a) to do so would impede the search; or
(b) the person is under arrest, and allowing the person to observe the search being conducted would interfere with the objectives of the search.
(3) This section does not prevent 2 or more areas of the premises being
searched at the same time.
In this part:
affected person means a person given a notice to dispose of a prohibited plastic product under section 12 (2).
reviewable decision means a decision under section 12 (2) to give an affected person a notice requiring the affected person to dispose of a prohibited plastic product.
40 Reviewable decision notices
If a person makes a reviewable decision, the person must give a reviewable decision notice to the affected person in relation to the decision.
Note 1 The person must also take reasonable steps to give a reviewable
decision notice to any other person whose interests are affected by the decision
(see
, s 67A).
Note 2 The requirements for reviewable decision notices are prescribed
under the
, div 6.3.
The following may apply to the ACAT for review of a reviewable decision:
(a) the affected person;
(b) any other person whose interests are affected by the decision.
Note If a form is approved under the ACT Civil and Administrative Tribunal Act 2008
for the application, the form must be used.
(1) The Executive may make regulations for this Act.
Note A regulation must be notified, and presented to the Legislative
Assembly, under the
.
(2) Before a regulation may be made under section 7 (1), definition of prohibited plastic product—
(a) the Minister must give public notice of the proposed regulation and invite public submissions about it; and
(b) the Executive must consider the following:
(i) any written submissions received in accordance with the public notice;
(ii) the availability and utility of alternative products to replace the prescribed plastic product.
(3) The public notice must—
(a) state the plastic product to be prescribed in the proposed regulation; and
(b) state the reason for prescribing the product; and
(c) include information about any proposed exemption to be made under section 17 in relation to the product; and
(d) state that—
(i) anyone may give a written submission to the Minister about the proposed regulation; and
(ii) submissions may be given only in the period starting on the day the notice is published and ending 12 weeks later or any later day stated in the notice.
(4) A regulation may apply, adopt or incorporate an instrument as in force from time to time.
Note 1 The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or as at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act
, s 47 (5) or (6) is not disapplied (see s 47 (7)).
Note 2 A notifiable instrument must be notified under the Legislation Act
.
The following legislation is repealed:
•
(SL2011-19)
•
(A2010-49)
•
(SL2011-18).
(see s 3)
Note 1 The
contains definitions and other provisions relevant to this Act.
Note 2 For example, the Legislation Act
, dict, pt 1, defines the following terms:
• ACT
• AS (see s 164 (1))
• Australian Standard (see s 164 (1))
• disallowable instrument (see s 9)
• may (see s 146)
• Minister (see s 162)
• notifiable instrument (see s 10)
• penalty unit (see s 133)
• public notice
• the Territory.
affected person, for part 7 (Reviewable decisions)—see section 39.
authorised person, for part 6 (Enforcement)—see section 19.
beverage includes water.
connected, for part 6 (Enforcement)—see section 19.
cutlery means utensils used for consuming food and includes a spork, a splade and chopsticks.
declared public event, for part 4 (Supplying other single-use plastic products—declared public events)—see section 15 (1) (a).
declared single-use plastic product, for part 4 (Supplying other single-use plastic products—declared public events)—see section 15 (1) (b).
occupier, of premises, for part 6 (Enforcement)—see section 19.
offence, for part 6 (Enforcement)—see section 19.
plastic means material made from, or comprising, organic polymers from plant extracts or fossil fuels.
plastic product means a product made, in whole or in part, of plastic.
premises, for part 6 (Enforcement)—see section 19.
prohibited plastic product—see section 7.
reviewable decision, for part 7 (Reviewable decisions)—see section 39.
single-use, in relation to a plastic product—see section 8.
supply, a plastic product—see section 9.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2 December 2020.
2 Notification
Notified under the
on 2020.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2020
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