Plastic Shopping Bags Ban Act 2010 (ACT)

Plastic Shopping Bags Ban Act 2010 (repealed)   

A2010-49

Republication No 4

Effective:  1 July 2021

Republication date: 1 July 2021

As repealed by A2021‑4 s 43

About this republication

The republished law

This is a republication of the Plastic Shopping Bags Ban Act 2010 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 July 2021.

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).

Plastic Shopping Bags Ban Act 2010 (repealed)

Contents

Page

1            Name of Act  2

3            Dictionary  2

4            Notes  2

5Offences against Act—application of Criminal Code etc 2

6            What is a plastic shopping bag?  3

7           Retailer not to supply plastic shopping bags  3

8            Regulation-making power  4

Dictionary5

Endnotes

1            About the endnotes  6

2            Abbreviation key  6

3            Legislation history  7

4            Amendment history  7

5            Earlier republications  8

6            Expired transitional or validating provisions  8

Plastic Shopping Bags Ban Act 2010 (repealed)

An Act to restrict the supply of plastic shopping bags, and for other purposes

1. Name of Act

   This Act is the Plastic Shopping Bags Ban Act 2010.

2. Dictionary

   The dictionary at the end of this Act is part of this Act.

   Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

   For example, the signpost definition ‘plastic shopping bag—see section 6’ means that the term ‘plastic shopping bag’ is defined in that section.

   Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

3. Notes

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

   NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

4. Offences against Act—application of Criminal Code etc

   Other legislation applies in relation to offences against this Act.

   Note 1Criminal Code

   The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

   The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

   Note 2Penalty units

   The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

5. What is a plastic shopping bag?

   In this Act:

   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 bag prescribed by regulation to be a plastic shopping bag; but

   (b)does not include—

   (i)a biodegradable bag; or

   (ii)a plastic bag that is an integral part of the packaging in which goods are sealed prior to sale; or

   (iii)a barrier bag; or

   (iv)a bag prescribed by regulation not to be a plastic shopping bag.

6. Retailer not to supply plastic shopping bags

   (1)A retailer commits an offence if—

   (a)the retailer supplies a plastic shopping bag to a customer of the retailer; and

   (b)the plastic shopping bag is supplied for the customer to carry goods bought, or to be bought, from the retailer.

   Maximum penalty:  50 penalty units.

   (2)An offence against this section is a strict liability offence.

7. Regulation-making power

   (1)The Executive may make regulations for this Act.

   NoteA regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.

   (2)A regulation may apply, adopt or incorporate an instrument as in force from time to time.

   Note 1The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).

   Note 2A notifiable instrument must be notified under the Legislation Act.

Dictionary

(see s 3)

Note 1The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:

·     Act

·     by

·     Executive

·     for

·     may

·     month

·     must

·     regulation.

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

biodegradable bag means a plastic bag that meets the requirements prescribed by regulation for being compostable.

plastic shopping bag—see section 6.

retailer means a person who sells goods in trade or commerce.

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

   Plastic Shopping Bags Ban Act 2010 A2010-49

   notified LR 14 December 2010
   s 1, s 2 commenced 14 December 2010 (LA s 75 (1))
   s 7 commenced 1 November 2011 (s 2 (2))

   remainder commenced 1 July 2011 (s 2 (1))

   as repealed by

   Plastic Reduction Act 2021 A2021-4 s 43

   notified LR 8 April 2021
   s 1, s 2 commenced 8 April 2021 (LA s 75 (1))
   s 43 commenced 1 July 2021 (s 2)

2. Amendment history

   Commencement

   s 2om LA s 89 (4)

   Review of Act

   s 9exp 1 July 2014 (s 9 (3))

   Transitional—retailer to make alternative shopping bags available and display notices

   s 100exp 1 November 2011 (s 100 (6))

   Fair Trading (Consumer Affairs) Act 1973,
   Dictionary, definition of fair trading legislation, new paragraph (da)

   s 101om 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 1 July 2011	1 July 2011– 31 Oct 2011	not amended	new Act
R2 1 Nov 2011	1 Nov 2011– 1 July 2014	not amended	commenced provision and expiry of transitional provision (s 100)
R3 2 July 2014	2 July 2014– 30 June 2021	not amended	expiry of provision (s 9)

1. Expired transitional or validating provisions

   This Act may be affected by transitional or validating provisions that have expired.  The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).

   Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.

   To find the expired provisions see the version of this Act before the expiry took effect.  The ACT legislation register has point-in-time versions of this Act.