Circular Economy Regulation 2023 (ACT)

Circular Economy Regulation 2023   

SL2023-27

made under the

Circular Economy Act 2023

Republication No 2

Effective:  1 January 2024

Republication date: 1 January 2024

Last amendment made by SL2023‑27
(republication for commenced provisions and

amendments by SL2023‑27)

About this republication

The republished law

This is a republication of the Circular Economy Regulation 2023, made under the Circular Economy Act 2023 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 January 2024.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 January 2024. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

Circular Economy Regulation 2023

made under the

Circular Economy Act 2023

Contents

Page

Part 1      Preliminary

1            Name of regulation  2

3            Notes  2

Part 2      Prohibited products

4            Prescribed single-use plastic product—Act, s 13 (1), def prohibited plastic product, par (a) (i)    3

5            Prescribed non-compostable degradable plastic product—Act, s 13 (1), def prohibited plastic product, par (a) (ii)  5

Endnotes

1            About the endnotes  6

2            Abbreviation key  6

3            Legislation history  7

4            Amendment history  7

5            Earlier republications  8

Circular Economy Regulation 2023

made under the

Circular Economy Act 2023

Part 1Preliminary

1. Name of regulation

   This regulation is the Circular Economy Regulation 2023.

2. Notes

   A note included in this regulation is explanatory and is not part of this regulation.

Part 2Prohibited products

1. Prescribed single-use plastic product—Act, s 13 (1), def prohibited plastic product, par (a) (i)

   (1)The following are prescribed:

   (a)a single-use expanded polystyrene container for serving food or a beverage;

   (b)a single-use expanded polystyrene tray used for packaging perishable food for retail sale;

   (c)single-use expanded polystyrene loose-fill packaging;

   Example

   packing peanuts used to protect products during transportation

   (d)a single-use plastic plate;

   (e)a single-use plastic bowl, other than a bowl designed or intended to have a spill-proof lid;

   (f)a single-use plastic beverage stirrer;

   (g)single-use plastic cutlery;

   (h)a single-use plastic shopping bag;

   (i)a single-use plastic drinking straw;

   (j)a cotton bud with a single-use plastic stick or stem;

   (k)single-use plastic microbeads contained in a rinse-off product.

   NoteSubsection (1) does not apply to a single-use plastic product that is an integrated packaging item, eg a straw attached to a juice box (see Act, s 13 (1), def prohibited plastic product, par (b)).

   (2)In this section:

   barrier bag means a bag used to carry unpackaged perishable food, including fruit, vegetables, meat and fish.

   cutlery means utensils used for consuming food and includes a spork, splade and chopsticks.

   plastic microbead means a plastic particle less than 5mm wide.

   plastic retail carry bag means a bag with handles that is—

   (a)made, in whole or in part, of plastic; and

   (b)used for carrying goods purchased from a retailer.

   Example—made partly of plastic

   a bag made of plastic-laminated paper or cardboard

   rinse-off product means a liquid product that is—

   (a)used for cleaning or personal care; and

   (b)designed or intended to be rinsed off immediately or shortly after use.

   Examples—rinse-off product

   1     shampoo and conditioner

   2     face masks and face wash, including exfoliants

   3     hair dye, whether permanent, semi-permanent or otherwise

   4     toothpaste

   5     body wash products, including exfoliants

   single-use plastic shopping bag—

   (a)means—

   (i)a bag that is made, in whole or in part, of polyethylene with a thickness of less than 35 microns; or

   (ii)a plastic retail carry bag; but

   (b)does not include—

   (i)a barrier bag; or

   (ii)a compostable plastic bag; or

   (iii)an unsealed bag that is the packaging in which perishable food is offered for sale; or

   (iv)a carry bag that is made, in whole or in part, of 1 or more of the following fabrics:

   (A)nylon;

   (B)polyester;

   (C)woven polypropylene;

   (D)non-woven polypropylene if the bag has sewn, rather than heat-welded, seams and the fabric has a minimum weight of 90g/m² measured as a single layer of fabric.

2. Prescribed non-compostable degradable plastic product—Act, s 13 (1), def prohibited plastic product, par (a) (ii)

   (1)A product made of oxo-degradable plastic is prescribed.

   (2)In this section:

   non-compostable—see the Act, section 13 (2).

   oxo-degradable plastic means a plastic that contains 1 or more additives to accelerate fragmentation.

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

2. Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

1. Legislation history

   Circular Economy Regulation 2023 SL2023-27

   notified LR 9 November 2023
   s 1, s 2 commenced 9 November 2023 (LA s 75 (1))
   pt 3, sch 1 commenced 1 January 2024 (s 2 (2))
   remainder commenced 10 November 2023 (LA s 73 (3))

2. Amendment history

   Commencement

   s 2om R2 (LA s 89 (4))

   Prescribed single-use plastic product—Act, s 13 (1), def prohibited plastic product, par (a) (i)

   s 4am SL2023‑27 amdt 1.1, amdt 1.2

   Amendments

   pt 3 hdgom R2 (LA s 89 (3))

   Legislation amended—sch 1

   s 6om R2 (LA s 89 (3))

   Circular Economy Regulation 2023—Amendments

   sch 1om R2 (LA s 89 (3))

3. Earlier republications

   Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R1 10 Nov 2023	10 Nov 2023– 31 Dec 2023	not amended	new regulation