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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Single-use and Other Plastic Products (Waste Avoidance)
Bill 2020
A BILL FOR
An Act to restrict and prohibit the manufacture, production, distribution,
sale and supply of certain single-use and other plastic products and for other
purposes.
Contents
Part 1—Preliminary
1Short title
2Commencement
3Interpretation
4Application of Act
5Objects of Act
Part 2—Prohibited
plastic products
6Prohibited plastic
products
7Person must not sell,
supply or distribute prohibited plastic products in course of carrying on a
business
8Person must not represent that product is not a
prohibited plastic product
Part 3—Oxo-degradable plastic
products
9Person must not manufacture or produce
oxo-degradable plastic products
10Person must not sell, supply or distribute
oxo-degradable plastic products in course of carrying on a
business
11Provision of manufacturer's or producer's
certification as to oxo-degradable plastic content of plastic
products
12Person must not represent that product is not
comprised of oxo-degradable plastic
Part 4—Miscellaneous
13Delegation
14Interaction with Environment Protection
Act
15Exemptions from Act
16Evidentiary provision
17Regulations
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Single-use and Other Plastic Products
(Waste Avoidance) Act 2020.
This Act comes into operation on a day to be fixed by
proclamation.
In this Act, unless the contrary intention appears—
authorised officer means a person who is an authorised
officer for the purposes of the
Environment
Protection Act 1993
;
cutlery means utensils used for eating food;
oxo-degradable plastic means a material (however described)
made of plastic which includes additives to accelerate the fragmentation of the
material into smaller pieces, triggered by ultraviolet radiation or heat
exposure, whether or not this is, or may be, followed by partial or complete
breakdown of the material by microbial action;
plastic means a material made from, or comprising, organic
polymers, whether plant extracts or of fossil fuel origin;
plastic product means a product comprised, in whole or in
part, of plastic;
prohibited plastic product—see
section 6
;
sell or supply includes offer for sale or supply;
single-use, in relation to a product, means a product
designed or intended to be used once or for a limited number of times before
being disposed of.
This Act does not apply to a container that is the subject of a beverage
container approval under the
Environment
Protection Act 1993
.
The objects of this Act include to—
(a) provide for the restriction or prohibition of certain single-use and
other plastic products; and
(b) promote and support better waste management practices including the
reduction of marine litter; and
(c) promote and support the principles of the waste management hierarchy;
and
(d) promote and support the principles of the circular economy.
Part 2—Prohibited
plastic products
(1) For the
purposes of this Act, prohibited plastic product means the
following plastic products:
(a) a single-use plastic drinking straw;
(b) single-use plastic cutlery;
(c) a single-use plastic beverage stirrer;
(d) an expanded polystyrene cup;
(e) an expanded polystyrene bowl;
(f) an expanded polystyrene plate;
(g) an expanded polystyrene clamshell container;
(h) a product, or
product of a class, brought within the ambit of this definition by the
regulations,
but does not include a product, or product of a class, excluded from the
ambit of this definition by the regulations.
(2) Before a regulation is made pursuant to
subsection (1)(h)
, the Minister must undertake public consultation on the proposal to bring
a product, or product of a class, within the ambit of the definition of
prohibited plastic product in accordance with the
following:
(a) the Minister must prepare a notice of the proposal that
includes—
(i) the proposed product or class of product; and
(ii) information regarding the reasons the product or class of product is
proposed; and
(iii) information regarding the availability of alternative products;
and
(iv) any potential exemptions that may be required in relation to the
product;
(b) the notice must be published on a website determined by the Minister,
and may be published in such other manner as the Minister determines to be
appropriate;
(c) the notice must invite submissions to be made by interested persons in
the manner, and within the period (which must be at least 8 weeks),
specified in the notice;
(d) the Minister must give consideration to any submissions made in
response to the invitation.
7—Person
must not sell, supply or distribute prohibited plastic products in course of
carrying on a business
(1) A person who,
in the course of carrying on a business, sells, supplies or distributes a
prohibited plastic product to another person is guilty of an offence.
Maximum penalty:
(a) in the case of a prescribed person—$20 000;
(b) in any other case—$5 000.
Expiation fee:
(a) in the case of a prescribed person—$1 000;
(b) in any other case—$315.
(2)
Subsection (1)
does not apply to a person who sells, supplies or distributes a prohibited
plastic product if the person is the manufacturer, producer or distributor of
the product and the product is supplied or distributed to a person outside this
State.
(3) It is a defence to a charge of an offence under
subsection (1)
if the person is not a prescribed person and proves that they believed on
reasonable grounds that the product was not a prohibited plastic
product.
(4) This section applies whether or not a fee is charged for the supply or
distribution of the prohibited plastic product, or the sale, supply or
distribution of the prohibited plastic product is incidental to, or forms part
of, the sale, supply or distribution of other products.
(5) For the purposes of
this section, business includes an enterprise, association,
organisation or other body regardless of whether the activities it carries on
are of a commercial, charitable, sporting, educational or community
nature.
(6) The regulations may specify the following:
(a) that a business, or business of a class, may be taken to be, or not to
be, a business for the purposes of this section;
(b) the circumstances in which a business, or business of a class, may be
taken to be, or not to be, a business for the purposes of this
section.
(7) In this section—
prescribed person, in relation to a prohibited plastic
product, means a person who is a manufacturer or producer of the product, or who
sells, supplies or distributes the product in the course of carrying on a
business as a wholesaler or distributor.
8—Person
must not represent that product is not a prohibited plastic
product
A person who—
(a) sells, supplies or distributes a prohibited plastic product to another
person; and
(b) prior to, or in the course of, selling, supplying or distributing the
product, represents to the other person that the product is not a prohibited
plastic product,
is guilty of an offence.
Maximum penalty: $20 000.
Expiation fee: $1 000.
Part 3—Oxo-degradable
plastic products
9—Person
must not manufacture or produce oxo-degradable plastic
products
A person who, in the course of carrying on a business, manufactures or
produces a product comprised, in whole or in part, of oxo-degradable plastic is
guilty of an offence.
Maximum penalty: $20 000.
Expiation fee: $1 000.
10—Person
must not sell, supply or distribute oxo-degradable plastic products in course of
carrying on a business
(1) A person who,
in the course of carrying on a business, sells, supplies or distributes a
product comprised, in whole or in part, of oxo-degradable plastic to another
person is guilty of an offence.
Maximum penalty:
(a) in the case of a prescribed person—$20 000;
(b) in any other case—$5 000.
Expiation fee:
(a) in the case of a prescribed person—$1 000;
(b) in any other case—$315.
(2) It is a defence to a charge of an offence under
subsection (1)
if the person is not a prescribed person and proves that they believed on
reasonable grounds that the product was not comprised, in whole or in part, of
oxo-degradable plastic.
(3) This section applies whether or not a fee is charged for the supply or
distribution of the product, or the sale, supply or distribution of the product
is incidental to, or forms part of, the sale, supply or distribution of other
products.
(4) For the
purposes of this section, business includes an enterprise,
association, organisation or other body regardless of whether the activities it
carries on are of a commercial, charitable, sporting, educational or community
nature.
(5) The regulations may specify the following:
(a) that a business, or business of a class, may be taken to be, or not to
be, a business for the purposes of this section;
(b) the circumstances in which a business, or business of a class, may be
taken to be, or not to be, a business for the purposes of this
section.
(6) In this section—
prescribed person, in relation to a product comprised, in
whole or in part, of oxo-degradable plastic, means a person who is a
manufacturer or producer of the product, or who sells, supplies or distributes
the product in the course of carrying on a business as a wholesaler or
distributor.
11—Provision
of manufacturer's or producer's certification as to oxo-degradable plastic
content of plastic products
(1) A person who, in the course of carrying on a business, manufactures or
produces a plastic product, must, at the written request of an authorised
officer, provide to the Authority in accordance with this section, certification
as to whether or not the product contains oxo-degradable plastic, unless the
person has a reasonable excuse for not doing so.
Maximum penalty: $20 000.
(2) A person who, in the course of carrying on a business, distributes a
plastic product or sells or supplies a plastic product by wholesale, must, at
the written request of an authorised officer, provide to the Authority in
accordance with this section, certification of the manufacturer or producer of
the product as to whether or not the product contains oxo-degradable plastic,
unless the person has a reasonable excuse for not doing so.
Maximum penalty: $20 000.
(3) Certification under this section must—
(a) be in the manner and form, and contain the information, determined by
the Authority; and
(b) be provided to the Authority within 30 days of the making of the
request.
12—Person
must not represent that product is not comprised of oxo-degradable
plastic
A person who—
(a) knows, or who ought reasonably to have known or suspected, that a
product sold, supplied or distributed by the person to another person is
comprised, in whole or in part, of oxo-degradable plastic; and
(b) prior to, or in the course of, selling, supplying or distributing the
product, represents to the other person that the product is not comprised, in
whole or in part, of oxo-degradable plastic,
is guilty of an offence.
Maximum penalty: $30 000.
(1) The Minister may delegate a function or power under this Act (other
than a prescribed function or power) to a specified body or person (including a
person for the time being holding or acting in a specified office or
position).
(2) A delegation under this section—
(a) must be by instrument in writing; and
(b) may be absolute or conditional; and
(c) does not derogate from the power of the delegator to act in any
matter; and
(d) is revocable at will.
(3) A function or power delegated under this section may, if the
instrument of delegation so provides, be further delegated.
14—Interaction
with Environment Protection Act
(1) This Act (as in
force from time to time) and the
Environment
Protection Act 1993
(as in force from time to time) will be read together and construed as if
the 2 Acts constituted a single Act.
(2) Without derogating from
subsection (1)
, authorised officers may exercise their powers under the
Environment
Protection Act 1993
for the purposes of the administration and enforcement of this
Act.
(3) For the purposes of the operation of this Act, in the event of an
inconsistency between the provisions of this Act and the provisions of the
Environment
Protection Act 1993
, the provisions of this Act prevail.
(1) The Governor
may, by regulation, exempt or empower the Minister to exempt, a person, or
person of a class, or a product, or product of a class, from the operation of
this Act or any specified provision of this Act (whether generally or in
specified circumstances).
(2) Without limiting
the operation of
subsection (1)
, the Governor may, by regulation, exempt the sale, supply or distribution
of single-use plastic drinking straws by a person, or person of a class, from
the operation of
Part 2
or a specified provision of that Part (whether generally or in specified
circumstances) to, or in respect of, persons who require them due to a
disability or medical requirement, or in order for such persons to otherwise
access or obtain them.
(3) A regulation under
subsection (1)
or
(2)
may operate subject to such limitations and conditions as may be specified
in the regulation.
In proceedings for an offence against this Act, an allegation in an
information that a specified product was a prohibited plastic product will be
accepted as proved in the absence of proof to the contrary.
(1) The Governor
may make such regulations as are contemplated by, or necessary or expedient for
the purposes of, this Act.
(2) The regulations may—
(a) be of general or limited application; and
(b) make different provision according to the matters or circumstances to
which they are expressed to apply; and
(c) make provisions of a saving or transitional nature consequent on the
enactment of this Act or on the making of regulations under this Act;
and
(d) provide that a matter or thing in respect of which regulations may be
made is to be determined according to the discretion of the Minister or a
specified person or body; and
(e) apply or incorporate, wholly or partially and with or without
modification, a code, standard, policy or other document prepared or published
by the Minister or a specified person or body.
(3) If a code, standard or other document is referred to or incorporated
in the regulations—
(a) a copy of the code, standard or other document must be kept available
for public inspection, without charge and during ordinary office hours, at an
office or offices specified in the regulations; and
(b) evidence of the contents of the code, standard or other document may
be given in any legal proceedings by production of a document apparently
certified by the Minister to be a true copy of the code, standard or other
document.