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This is a Bill, not an Act. For current law, see the Acts databases.
2019
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Product Stewardship Amendment
(Packaging and Plastics) Bill 2019
No. , 2019
(Senator Whish-Wilson)
A Bill for an Act to amend the Product Stewardship
Act 2011, and for related purposes
No. , 2019
Product Stewardship Amendment (Packaging and Plastics) Bill 2019
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Product Stewardship Act 2011
3
No. , 2019
Product Stewardship Amendment (Packaging and Plastics) Bill 2019
1
A Bill for an Act to amend the Product Stewardship
1
Act 2011, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the Product Stewardship Amendment (Packaging and
5
Plastics) Act 2019.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Product Stewardship Amendment (Packaging and Plastics) Bill 2019
No. , 2019
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after the end of the period of 6
months beginning on the day this Act
receives the Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments Schedule 1
No. , 2019
Product Stewardship Amendment (Packaging and Plastics) Bill 2019
3
Schedule 1--Amendments
1
2
Product Stewardship Act 2011
3
1 Section 6
4
Insert:
5
container includes (without limitation) any cup, drinkware, pack,
6
carton, box, tin, packet, bag, pouch, tube or other container.
7
engage in conduct includes omitting to perform an act.
8
filter tip of a cigarette has the same meaning as in the Tobacco
9
Plain Packaging Act 2011.
10
financial contribution requirement means a requirement specified
11
in regulations made for the purposes of subsection 40U(1).
12
labelled plastic: see subsection 40R(1).
13
packaging includes:
14
(a) a container, wrapper, confining band or other thing in which
15
a good is packed, or 2 or more goods are packed; and
16
(b) anything around which a good is wound or wrapped, or 2 or
17
more goods are wound or wrapped; and
18
(c) a container that is designed to contain a liquid for human
19
consumption (whether for the purposes of transporting or
20
storing the liquid, or for the use or consumption of the
21
liquid).
22
packaging and plastics scheme: see subsection 40B(1).
23
packaging and plastics scheme member: see section 40C.
24
packaging and plastics targets: see subsection 40B(2).
25
plastics exempt act: see section 40N.
26
prohibited plastic: see section 40M.
27
sanitary products has the meaning prescribed by the regulations.
28
Schedule 1 Amendments
4
Product Stewardship Amendment (Packaging and Plastics) Bill 2019
No. , 2019
scheme product: a scheme product is one of the following:
1
(a) packaging;
2
(b) a product made of, or containing, plastic if the product is
3
within the following classes of products:
4
(i) balloons;
5
(ii) sanitary products;
6
(iii) wet wipes;
7
(iv) filter tips of cigarettes;
8
(v) products specified in regulations made for the purposes
9
of this subparagraph;
10
(c) a product made of, or containing, plastic if the product
11
consists of microbeads;
12
(d) a product made of, or containing, oxo-degradable plastic.
13
scheme requirement means a requirement specified in regulations
14
made for the purposes of subsection 40D(1).
15
scheme return payment: see subsection 40D(4).
16
wet wipes has the meaning prescribed by the regulations.
17
2 After Part 4
18
Insert:
19
Part 4A--Mandatory product stewardship--
20
packaging and plastics
21
Division 1--Guide to this Part
22
40A Guide to this Part
23
This Part provides for the mandatory product stewardship of
24
packaging and plastics.
25
Division 2 of this Part establishes the packaging and plastics
26
scheme and specifies the packaging and plastics scheme members
27
of the scheme.
28
Amendments Schedule 1
No. , 2019
Product Stewardship Amendment (Packaging and Plastics) Bill 2019
5
The scheme is directed towards achieving the packaging and
1
plastics targets by:
2
(a)
establishing scheme requirements in relation to
3
packaging (see Division 3); and
4
(b)
monitoring packaging and plastics scheme members (see
5
sections 40H and 40J); and
6
(c)
directing a packaging and plastics scheme member to
7
take, or not to take, certain actions (see sections 40K and
8
40L).
9
The scheme also:
10
(a)
prohibits certain plastics (Division 5); and
11
(b)
requires the packaging of labelled plastics to include
12
certain matters (Division 6); and
13
(c)
requires financial contributions to be made by certain
14
persons in relation to certain plastics (Division 7).
15
Schedule 1 Amendments
6
Product Stewardship Amendment (Packaging and Plastics) Bill 2019
No. , 2019
Division 2--Establishment and membership of the
1
packaging and plastics scheme
2
40B Packaging and plastics scheme
3
(1) This Part establishes a scheme (the packaging and plastics
4
scheme):
5
(a) that is directed towards achieving the packaging and plastics
6
targets by doing the following:
7
(i) establishing scheme requirements in relation to
8
packaging (see Division 3);
9
(ii) monitoring packaging and plastics scheme members
10
(see sections 40H and 40J);
11
(iii) directing a packaging and plastics scheme member to
12
take, or not to take, certain actions (see sections 40K
13
and 40L); and
14
(b) that prohibits certain plastics (Division 5); and
15
(c) that requires the packaging of labelled plastics to include
16
certain matters (Division 6); and
17
(d) requires financial contributions to be made by certain persons
18
in relation to certain plastics (Division 7).
19
(2) The packaging and plastics targets are the following targets:
20
(a) all packaging used in Australia will be reusable, recyclable or
21
compostable by 2025;
22
(b) 70% of all packaging used in Australia will be recycled or
23
composted by 2025;
24
(c) 70% of all plastic packaging used in Australia will be
25
recycled or composted by 2025;
26
(d) all packaging used in Australia will include, on average, 30%
27
recycled content by 2025;
28
(e) problematic and unnecessary plastic packaging will be
29
phased out through design, innovation or the introduction of
30
alternatives;
31
(f) in relation to single-use food containers, and beverage cups,
32
made of plastic--by 2025, the consumption of such
33
containers or cups will have been reduced by 25% from the
34
level of consumption that existed in 2019;
35
Amendments Schedule 1
No. , 2019
Product Stewardship Amendment (Packaging and Plastics) Bill 2019
7
(g) in relation to beverage containers (other than containers that
1
are cups):
2
(i) beginning on 1 January 2025, 80% of such containers
3
used in a calendar year will be recycled in that year; and
4
(ii) beginning on 1 January 2023, any plastic caps or lids for
5
such containers must remain attached to the container
6
during its use as a beverage container; and
7
(iii) the creation of a national deposit scheme for such
8
containers by 1 January 2021 that refunds at least 20
9
cents for each deposited container;
10
(h) any other target prescribed in the regulations for the purposes
11
of this paragraph.
12
40C Membership of the packaging and plastics scheme
13
A person is a packaging and plastics scheme member of the
14
packaging and plastics scheme if:
15
(a) the person is:
16
(i) a constitutional corporation; or
17
(ii) a body corporate that is incorporated in a Territory; and
18
(b) the person manufactures, imports, distributes or uses
19
packaging for commercial purposes.
20
Division 3--Scheme requirements
21
40D Scheme requirements
22
(1) The regulations may require a specified person to take, or not to
23
take, specified action in relation to a specified scheme product.
24
Note:
For specification by class, see subsection 13(3) of the Legislation Act
25
2003.
26
(2) Without limiting subsection (1), regulations made for the purposes
27
of that subsection in relation to a scheme product may do any or all
28
of the following:
29
(a) prohibit (either absolutely or subject to conditions), limit,
30
restrict or otherwise affect the manufacture, import, export,
31
distribution or use of a scheme product;
32
(b) prohibit (either absolutely or subject to conditions), limit or
33
restrict substances from being contained in a scheme product;
34
Schedule 1 Amendments
8
Product Stewardship Amendment (Packaging and Plastics) Bill 2019
No. , 2019
(c) require a scheme product to be labelled or marked in
1
accordance with the regulations;
2
(d) specify requirements in relation to communicating
3
information, in accordance with the regulations, in
4
connection with distributing, reusing, recycling, recovering,
5
treating or disposing of a scheme product;
6
(e) require a person to make a scheme return payment in relation
7
to a scheme product (see subsection (4));
8
(f) specify other requirements in relation to reusing, recycling,
9
recovering, treating or disposing of a scheme product;
10
(g) require a person to keep records relating to a scheme product
11
in accordance with the regulations;
12
(h) require a person to give the Minister specified information
13
relating to a scheme product in accordance with the
14
regulations;
15
(i) provide for the Minister to exempt a specified person from a
16
requirement specified in regulations made for the purposes of
17
that subsection.
18
(3) The paragraphs of subsection (2) do not limit each other.
19
Meaning of scheme return payment
20
(4) A scheme return payment is a payment, of an amount specified in
21
the regulations in relation to scheme products, that a person is
22
required to make to another person if the other person returns the
23
scheme products for reuse, recycling, recovery, treatment or
24
disposal.
25
Scheme return payment must not amount to taxation
26
(5) Regulations made for the purposes of subsection (1) that require a
27
person to make a scheme return payment must not amount to
28
taxation.
29
40E Matters the Minister must be satisfied of before scheme
30
requirements are made
31
Before the Governor-General makes regulations that prescribe
32
scheme requirements, the Minister must:
33
Amendments Schedule 1
No. , 2019
Product Stewardship Amendment (Packaging and Plastics) Bill 2019
9
(a) be satisfied that the requirements will further the objects of
1
this Act (see section 4); and
2
(b) be satisfied that the requirements are directed towards
3
achieving the packaging and plastics targets (if applicable);
4
and
5
(c) have done the following:
6
(i) published a draft of the requirements and invited
7
packaging and plastics scheme members to make
8
submissions on the draft;
9
(ii) considered any submissions that are received within the
10
time limit specified by the Minister when the Minister
11
published the draft.
12
40F Scheme requirements--constitutional connection
13
(1) One or more of the following must apply in relation to scheme
14
requirements in relation to scheme products:
15
(a) the requirements are expressed only to apply in relation to
16
action taken, or not taken, by a constitutional corporation;
17
(b) the requirements are expressed only to apply in relation to the
18
taking of action in the course of constitutional trade or
19
commerce;
20
(c) the requirements are expressed only to apply in relation to an
21
action taken, or not taken, in a Territory.
22
(2) The scheme requirements in relation to scheme products must
23
specify whether they are made in accordance with
24
paragraph (1)(a),(b) or (c).
25
40G Compliance with scheme requirements
26
(1) A person contravenes this subsection if:
27
(a) the person is subject to a scheme requirement; and
28
(b) the person engages in conduct; and
29
(c) the conduct contravenes the requirement.
30
Fault-based offence
31
(2) A person commits an offence if the person contravenes
32
subsection (1). The physical elements of the offence are set out in
33
that subsection.
34
Schedule 1 Amendments
10
Product Stewardship Amendment (Packaging and Plastics) Bill 2019
No. , 2019
Penalty: 100 penalty units.
1
Strict liability
2
(3) A person commits an offence of strict liability if the person
3
contravenes subsection (1). The physical elements of the offence
4
are set out in that subsection.
5
Penalty: 20 penalty units.
6
Civil penalty provision
7
(4) A person is liable to a civil penalty if the person contravenes
8
subsection (1).
9
Civil penalty:
200 penalty units.
10
Division 4--Monitoring of, and issuing directions to,
11
packaging and plastics scheme members
12
40H Report from certain packaging and plastics scheme members
13
(1) A packaging and plastics scheme member must provide a written
14
report in accordance with subsection (2) to the Minister if the
15
member has had a reportable financial year.
16
Civil penalty:
200 penalty units.
17
(2) The report must:
18
(a) be in the approved form; and
19
(b) be provided within 2 months after the end of the reportable
20
financial year to which the report relates; and
21
(c) set out:
22
(i) the actions taken, or not taken, by the member to help
23
achieve the packaging and plastics targets during the
24
reportable financial year; and
25
(ii) the actions the member will take to help achieve those
26
targets; and
27
(d) include information about the actions taken, or not taken, by
28
the member in compliance with any scheme requirements;
29
and
30
Amendments Schedule 1
No. , 2019
Product Stewardship Amendment (Packaging and Plastics) Bill 2019
11
(e) include any matters specified in regulations made for the
1
purposes of this paragraph.
2
Reportable financial year
3
(3) A financial year is a reportable financial year for a packaging and
4
plastics scheme member if the member had an annual turnover of
5
$5 million or more in the previous financial year.
6
Publishing reports
7
(4) As soon as reasonably practicable after receiving a report from a
8
packaging and plastics scheme member, the Minister must, in such
9
manner as the Minister thinks appropriate, cause to be published or
10
made available the following information from the report:
11
(a) the actions taken, or not taken, by the member to help
12
achieve the packaging and plastics targets during the
13
reportable financial year to which the report relates;
14
(b) the actions the member will take to help achieve those
15
targets;
16
(c) the actions taken, or not taken, by the member in compliance
17
with any scheme requirements;
18
(d) information relating to a matter specified for the purposes of
19
paragraph (2)(e) that is specified in regulations made for the
20
purposes of this paragraph.
21
Annual turnover
22
(5) For the purposes of this section, the annual turnover of a
23
packaging and plastics scheme member, during a financial year, is
24
the sum of the values of all the supplies that the member, and any
25
body corporate related to the member, have made, or are likely to
26
make, during that year, other than the following supplies:
27
(a) supplies made from any of those bodies corporate (including
28
the member) to any other of those bodies corporate;
29
(b) supplies that are input taxed;
30
(c) supplies that are not for consideration (and are not taxable
31
supplies under section 72-5 of the A New Tax System (Goods
32
and Services Tax) Act 1999);
33
(d) supplies that are not made in connection with an enterprise
34
that the member carries on.
35
Schedule 1 Amendments
12
Product Stewardship Amendment (Packaging and Plastics) Bill 2019
No. , 2019
(6) Expressions used in subsection (5) that are also used in the A New
1
Tax System (Goods and Services Tax) Act 1999 have the same
2
meaning in that subsection as they have in that Act.
3
(7) The question whether 2 bodies corporate are related to each other
4
is to be determined for the purposes of this section in the same way
5
as for the purposes of the Corporations Act 2001.
6
40J Requests for information from packaging and plastics scheme
7
members
8
(1) The Minister may, in writing, request a packaging and plastics
9
scheme member to give the Minister information relating to the
10
actions taken, or not taken, by the member towards achieving the
11
packaging and plastics targets within a period specified in the
12
request.
13
(2) If a packaging and plastics scheme member receives a request from
14
the Minister under subsection (1), the member must provide the
15
information requested within the period specified in the request.
16
Civil penalty:
50 penalty units.
17
40K Minister may give directions to packaging and plastics scheme
18
members
19
(1) This section applies if:
20
(a) the Minister has received:
21
(i) a report from a packaging and plastics scheme member
22
under section 40H; or
23
(ii) information from such a member as requested by the
24
Minister under section 40J; and
25
(b) the Minister is reasonably satisfied, on the basis of the report
26
or information, that the actions taken, or not taken, by the
27
member are not sufficient in helping to achieve the packaging
28
and plastics targets.
29
(2) The Minister may, in writing, direct the member to take, or not to
30
take, actions specified in the direction.
31
(3) A direction under subsection (2) is not a legislative instrument.
32
Amendments Schedule 1
No. , 2019
Product Stewardship Amendment (Packaging and Plastics) Bill 2019
13
Notifying packaging and plastics scheme member of proposed
1
direction
2
(4) Before giving a direction, the Minister must give the member
3
written notice that the Minister is proposing to give the member the
4
direction.
5
(5) The notice to the member must:
6
(a) set out the reasons the Minister is proposing to give the
7
direction; and
8
(b) invite the member to respond, in writing, to the notice within
9
a period specified in the notice.
10
(6) The Minister must consider any response given to the Minister
11
within the specified period.
12
40L Packaging and plastics scheme member must comply with
13
directions
14
(1) A packaging and plastics scheme member who is given a direction
15
under subsection 40K(2) must comply with the direction.
16
Fault-based offence
17
(2) A packaging and plastics scheme member commits an offence if:
18
(a) the member is given a direction under subsection 40K(2); and
19
(b) the member engages in conduct; and
20
(c) the conduct contravenes the direction.
21
Penalty: 300 penalty units.
22
Civil penalty provision
23
(3) A packaging and plastics scheme member is liable to a civil
24
penalty if the member contravenes subsection (1).
25
Civil penalty:
1,000 penalty units.
26
Schedule 1 Amendments
14
Product Stewardship Amendment (Packaging and Plastics) Bill 2019
No. , 2019
Division 5--Prohibition of certain plastics
1
40M Prohibited plastics
2
(1) On and after 1 January 2021, a product made of, or that contains,
3
plastic is a prohibited plastic if the product:
4
(a) is a lightweight carrier bag; or
5
(b) consists of microbeads.
6
(2) On and after 1 January 2023, a product made of, or that contains,
7
plastic is a prohibited plastic if:
8
(a) the product is manufactured to be principally used by a
9
person only once before being disposed of; and
10
(b) the product is one of the following:
11
(i) a set of connected rings to hold things;
12
(ii) a cotton bud;
13
(iii) a stick for balloons;
14
(iv) a product specified in regulations for the purposes of
15
this subparagraph.
16
(3) On and after 1 January 2023, a product made of, or that contains,
17
non-compostable plastic is a prohibited plastic if:
18
(a) the product is manufactured to be principally used by a
19
person only once before being disposed of; and
20
(b) the product is:
21
(i) a straw or stirrer; or
22
(ii) cutlery or a kitchen utensil; or
23
(iii) a plate, bowl or other dish.
24
(4) On and after 1 January 2023, a product is a prohibited plastic if:
25
(a) the product is manufactured to be principally used by a
26
person only once before being disposed of; and
27
(b) the product is:
28
(i) a food or beverage container made of, or that contains,
29
expanded polystyrene; or
30
(ii) made of, or that contains, oxo-degradable plastic.
31
(5) Regulations may exempt a product from being a prohibited plastic.
32
Amendments Schedule 1
No. , 2019
Product Stewardship Amendment (Packaging and Plastics) Bill 2019
15
40N Plastics exempt act
1
(1) An act in relation to a prohibited plastic is a plastics exempt act if:
2
(a) the prohibited plastic is a straw; and
3
(b) the act is to supply the straw to a person, or a class of person,
4
who has a disability (within the meaning of the Disability
5
Discrimination Act 1992); and
6
(c) the disability is such that, a failure to supply the straw, would
7
cause inconvenience for, or potential harm to, the person, or
8
class of person, with the disability.
9
(2) The regulations may provide that a specific act in relation to a
10
prohibited plastic is a plastics exempt act (including by providing
11
that an act is a plastics exempt act if specified conditions are met).
12
(3) Before the Governor-General makes regulations that provide that a
13
specified act in relation to a prohibited plastic is a plastics exempt
14
act, the Minister must be satisfied of one or more of the following
15
in relation to the act:
16
(a) the act is necessary to satisfy food safety requirements;
17
(b) the act is necessary to ensure the access needs of one or more
18
specified persons, or classes of person, are being met;
19
(c) the act relates to medical purposes, therapeutic purposes or
20
other purposes relating to health;
21
(d) the act relates to providing or ensuring the security or
22
personal safety of one or more specified persons, or classes
23
of person.
24
40P Prohibited plastics--constitutional corporations
25
(1) A person contravenes this subsection if:
26
(a) the person is a constitutional corporation; and
27
(b) the person manufactures, imports, distributes or uses a
28
prohibited plastic for commercial purposes; and
29
(c) the manufacture, importation, distribution or use is not a
30
plastics exempt act.
31
Schedule 1 Amendments
16
Product Stewardship Amendment (Packaging and Plastics) Bill 2019
No. , 2019
Fault-based offence
1
(2) A person commits an offence if the person contravenes
2
subsection (1). The physical elements of the offence are set out in
3
that subsection.
4
Penalty: 100 penalty units.
5
Strict liability
6
(3) A person commits an offence of strict liability if the person
7
contravenes subsection (1). The physical elements of the offence
8
are set out in that subsection.
9
Penalty: 20 penalty units.
10
Civil penalty provision
11
(4) A person is liable to a civil penalty if the person contravenes
12
subsection (1).
13
Civil penalty:
1,000 penalty units.
14
40Q Prohibited plastics--persons other than constitutional
15
corporations
16
(1) A person contravenes this subsection if:
17
(a) the person manufactures, imports, distributes or uses a
18
prohibited plastic; and
19
(b) the manufacture, importation, distribution or use of the
20
prohibited plastic was:
21
(i) in the course of, or for the purposes of, constitutional
22
trade and commerce; or
23
(ii) in a Territory for commercial purposes; or
24
(iii) on behalf of a constitutional corporation for commercial
25
purposes; or
26
(iv) for the purposes of supplying goods to a constitutional
27
corporation; and
28
(c) the manufacture, importation, distribution or use is not a
29
plastics exempt act.
30
Amendments Schedule 1
No. , 2019
Product Stewardship Amendment (Packaging and Plastics) Bill 2019
17
Fault-based offence
1
(2) A person commits an offence if the person contravenes
2
subsection (1). The physical elements of the offence are set out in
3
that subsection.
4
Penalty: 100 penalty units.
5
Strict liability
6
(3) A person commits an offence of strict liability if the person
7
contravenes subsection (1). The physical elements of the offence
8
are set out in that subsection.
9
Penalty: 20 penalty units.
10
Civil penalty provision
11
(4) A person is liable to a civil penalty if the person contravenes
12
subsection (1).
13
Civil penalty:
200 penalty units.
14
Division 6--Packaging of labelled plastics
15
40R Packaging of labelled plastics
16
(1) This section applies in relation to a product (a labelled plastic) that
17
is made of, or contains, plastic if:
18
(a) the product is a sanitary product; or
19
(b) the product is a wet wipe; or
20
(c) the product is a balloon; or
21
(d) the product is a filter tip of a cigarette; or
22
(e) the product is specified in regulations made for the purposes
23
of this paragraph.
24
(2) On and after 1 January 2021, the packaging of a labelled plastic
25
must state, in a prominent location on the packaging:
26
(a) that the product is harmful to the environment if the product
27
is released or incorrectly disposed of; and
28
(b) any other matter specified in regulations made for the
29
purposes of this paragraph.
30
Schedule 1 Amendments
18
Product Stewardship Amendment (Packaging and Plastics) Bill 2019
No. , 2019
40S Packaging of labelled plastics--constitutional corporations
1
(1) A person contravenes this subsection if:
2
(a) the person is a constitutional corporation; and
3
(b) the person distributes a labelled plastic for commercial
4
purposes; and
5
(c) the packaging of the labelled plastic does not comply with
6
subsection 40R(2).
7
Fault-based offence
8
(2) A person commits an offence if the person contravenes
9
subsection (1). The physical elements of the offence are set out in
10
that subsection.
11
Penalty: 100 penalty units.
12
Strict liability
13
(3) A person commits an offence of strict liability if the person
14
contravenes subsection (1). The physical elements of the offence
15
are set out in that subsection.
16
Penalty: 20 penalty units.
17
Civil penalty provision
18
(4) A person is liable to a civil penalty if the person contravenes
19
subsection (1).
20
Civil penalty:
1,000 penalty units.
21
40T Packaging of labelled plastics--persons other than
22
constitutional corporations
23
(1) A person contravenes this subsection if:
24
(a) the person distributes a labelled plastic:
25
(i) in the course of, or for the purposes of, constitutional
26
trade and commerce; or
27
(ii) in a Territory for commercial purposes; or
28
(iii) on behalf of a constitutional corporation for commercial
29
purposes; or
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Amendments Schedule 1
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Product Stewardship Amendment (Packaging and Plastics) Bill 2019
19
(iv) for the purposes of supplying goods to a constitutional
1
corporation; and
2
(b) the packaging of the labelled plastic does not comply with
3
subsection 40R(2).
4
Fault-based offence
5
(2) A person commits an offence if the person contravenes
6
subsection (1). The physical elements of the offence are set out in
7
that subsection.
8
Penalty: 100 penalty units.
9
Strict liability
10
(3) A person commits an offence of strict liability if the person
11
contravenes subsection (1). The physical elements of the offence
12
are set out in that subsection.
13
Penalty: 20 penalty units.
14
Civil penalty provision
15
(4) A person is liable to a civil penalty if the person contravenes
16
subsection (1).
17
Civil penalty:
200 penalty units.
18
Division 7--Financial contribution requirements
19
40U Financial contributions towards costs relating to certain plastics
20
(1) The regulations may require one or more covered persons, or
21
classes of covered person, to make a financial contribution of a
22
specified amount towards one or more of the following:
23
(a) the cost of specified measures that raise awareness of
24
appropriate ways of disposing of a specified covered plastic;
25
(b) the cost that disposing of a specified covered plastic imposes
26
on specified waste management services;
27
(c) the cost related to cleaning up litter resulting from a specified
28
covered plastic.
29
Note:
For specification by class, see subsection 13(3) of the Legislation Act
30
2003.
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Schedule 1 Amendments
20
Product Stewardship Amendment (Packaging and Plastics) Bill 2019
No. , 2019
(2) A person is a covered person if:
1
(a) the person is:
2
(i) a constitutional corporation; or
3
(ii) a body corporate that is incorporated in a Territory; and
4
(b) the person manufactures, imports, distributes or uses a
5
covered plastic.
6
(3) A thing that is made of, or contains, plastic is a covered plastic if
7
the thing falls into the following classes of things:
8
(a) beverage containers;
9
(b) food containers;
10
(c) packaging:
11
(i) made of flexible material; and
12
(ii) that is intended to be used to pack food;
13
(d) balloons;
14
(e) sanitary products;
15
(f) wet wipes;
16
(g) filter tips of cigarettes;
17
(h) a class of things specified in regulations made for the
18
purposes of this paragraph.
19
(4) Regulations made for the purposes of subsection (1) that require a
20
person to make a financial contribution must not amount to
21
taxation.
22
40V Compliance with financial contribution requirements
23
(1) A person contravenes this subsection if:
24
(a) the person is subject to a financial contribution requirement;
25
and
26
(b) the person engages in conduct; and
27
(c) the conduct contravenes the requirement.
28
Fault-based offence
29
(2) A person commits an offence if the person contravenes
30
subsection (1). The physical elements of the offence are set out in
31
that subsection.
32
Penalty: 100 penalty units.
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Amendments Schedule 1
No. , 2019
Product Stewardship Amendment (Packaging and Plastics) Bill 2019
21
Strict liability
1
(3) A person commits an offence of strict liability if the person
2
contravenes subsection (1). The physical elements of the offence
3
are set out in that subsection.
4
Penalty: 20 penalty units.
5
Civil penalty provision
6
(4) A person is liable to a civil penalty if the person contravenes
7
subsection (1).
8
Civil penalty:
200 penalty units.
9
3 Subparagraph 51(1)(a)(ii)
10
Omit "and", substitute "or".
11
4 At the end of paragraph 51(1)(a)
12
Add:
13
(iii) subsection 40G(1) (contravention of scheme
14
requirement); or
15
(iv) subsection 40H(1) (report from certain packaging and
16
plastics scheme members); or
17
(v) subsection 40J(2) (packaging and plastics scheme
18
member must provide information requested by the
19
Minister); or
20
(vi) subsection 40L(1) (packaging and plastics scheme
21
member must comply with directions); or
22
(vii) subsection 40P(1) (prohibited plastics--constitutional
23
corporations); or
24
(viii) subsection 40Q(1) (prohibited plastics--persons other
25
than constitutional corporations); or
26
(ix) subsection 40S(1) (packaging of labelled plastics--
27
constitutional corporations); or
28
(x) subsection 40T(1) (packaging of labelled plastics--
29
persons other than constitutional corporations); or
30
(xi) subsection 40V(1) (compliance with financial
31
contribution requirements); and
32