(1) A retailer commits an offence if, during the phase out period, the retailer:
(a) makes a prohibited plastic bag available at any premises to a customer for carrying goods purchased, or to be purchased, from the retailer; and
(b) does not display a notice in the premises in accordance with the requirements prescribed by regulation.
Maximum penalty: 50 penalty units.
(2) An offence against subsection (1) is an offence of strict liability.
(3) It is a defence to a prosecution for an offence against subsection (1) if the defendant has a reasonable excuse.