Plastic Shopping Bags (Prohibition on Supply by Retailers) Act 2017

Act No. 16 of 2017. Introduced by /u/dyljam. Assented to 2017-12-18.

A Bill for an Act to prohibit retailers from supplying certain plastic bags to customers.

The Parliament of AustraliaSim Enacts the Following:

PART 1 - PRELIMINARY

1. Short Title

This Act may be referred to as the Plastic Shopping Bags (Prohibition on Supply by Retailers) Act 2017.

2. Commencement

This Act will commence on the First (1st) day of June 2020.

3. Objects of this Act

The objects of this Act are:

(a) To prohibit the supply of non-biodegradable plastic bags by retailers to their customers for the purpose of transporting goods sold, or goods to be sold, from the premises.

4. Definitions

The definitions in this Act are:

Single-use plastic bag means a non-biodegradable plastic bag, excluding bin liners, heavy duty bags, and any plastic bag with a thickness of more than 35 microns.

Biodegradable means material which has been assessed and tested in accordance with AS 4736—2006, Biodegradable plastics—Biodegradable plastics suitable for composting and other microbial treatment (as in force from time to time) or any other standard that replaces that standard and is prescribed by the regulations.

retailer means

(a) from the commencement of this Act to 1st June 2022: a business or corporation that has 50 or more employees
(b) From 1st June 2022 onwards: a business or corporation, whether for profit, non-profit, tax-exempt or registered charity group.

PART 2 - APPLICATION

5. Retailers must not supply certain non-biodegradable plastic bags to their customers On and after the commencement of this date, it is unlawful for:

(a) A person who sells goods must not supply a plastic shopping bag that is not biodegradable to another person for the purpose of that other person carrying goods sold, or to be sold, from the premises where the bag is supplied.

Maximum penalty: 50 penalty units

(b) This section does not prevent a person from supplying any of the following bags:

(i) a plastic bag that is an integral part of the packaging in which goods are sealed prior to sale,

(ii) a barrier bag (that is a bag dispensed from a roll that is intended to be used solely to carry unpackaged perishable food for human or animal consumption),

(iii) a bin liner, or a bag with a thickness greater than 35 microns.