Australian Capital Territory Numbered Acts

PLASTIC SHOPPING BAGS BAN ACT 2010 (NO. 49 OF 2010) - SECT 100

    (1)     A retailer commits an offence if—

        (a)     the retailer—

              (i)     makes a plastic shopping bag available to a customer of the retailer; and

              (ii)     the plastic shopping bag is made available for the customer to carry goods bought, or to be bought, from the retailer; and

        (b)     the retailer fails to make an alternative shopping bag available for the customer to carry goods bought, or to be bought, from the retailer.

Maximum penalty: 50 penalty units.

    (2)     A retailer commits an offence if—

        (a)     the retailer—

              (i)     makes a plastic shopping bag available to a customer of the retailer; and

              (ii)     the plastic shopping bag is made available for the customer to carry goods bought, or to be bought, from the retailer; and

        (b)     the retailer fails to display a notice in accordance with subsection (3).

Maximum penalty: 50 penalty units.

    (3)     For subsection (2) the notice must—

        (a)     be at least 95mm in height and 150mm in width; and

        (b)     contain the following statement:

‘The ACT Government will ban the supply of lightweight checkout style plastic shopping bags, starting on 1 November 2011.

Alternative shopping bags are available from this retail outlet.' ; and

        (c)     be prominently displayed so that so it can be seen and read easily by a person near where the retailer makes a plastic shopping bag available.

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

    (5)     In this section:

"alternative shopping bag" means—

        (a)     a biodegradable bag; or

        (b)     a bag that is designed to be used on a regular basis over a period of approximately 2 years; or

        (c)     a bag prescribed by regulation to be an alternative shopping bag.

    (6)     This section expires on the commencement of section 7.