South Australia

Environment Protection (Plastic Shopping Bags) Amendment Bill 2004

A Bill For

An Act to amend the Environment Protection Act 1993.

Contents

Part 1—Preliminary

1 Short title

2 Commencement

3 Amendment provisions

Part 2—Amendment of Environment Protection Act 1993

4 Insertion of Part 8 Division 2A

Division 2A—Plastic shopping bags

73A Retailers not to supply plastic shopping bags

The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Environment Protection (Plastic Shopping Bags) Amendment Act 2004.

2—Commencement

This Act will come into operation 6 months after the date of assent or on an earlier date fixed by proclamation.

3—Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Environment Protection Act 1993

4—Insertion of Part 8 Division 2A

After section 73 insert:

Division 2A—Plastic shopping bags

73A—Retailers not to supply plastic shopping bags

(1) A retailer must not sell or otherwise supply a plastic shopping bag to a customer of the retailer.

Penalty: Division 7 fine.

Expiation fee: Division 7 fee.

(2) In this section—

plastic shopping bag means a plastic bag used, or intended for use, as a means of carrying goods purchased, or to be purchased, by retail from a shop but does not include—

(a) a plastic bag that—

(i) is provided for the purpose of containing goods—

(A) that are not otherwise contained in any packaging; or

(B) that are priced according to the weight purchased (where the weight is measured at the shop); and

(ii) complies with any other requirements prescribed by regulation; or

(b) a bag that is made of paper or other cellulose-based material and that is coated with polyethylene plastic on only one side; or

(c) a plastic bag of a class that the Authority is satisfied is designed to be suitable for repeated use and that has been exempted from this definition by regulation;

retailer means a person whose business is, or includes, the sale of goods by retail;

shop includes any place from which goods are sold by retail.