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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
WASTE AND RESOURCE RECOVERY AMENDMENT (SINGLE-
USE PLASTICS) BILL 2022
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Part 2A inserted
PART 2A - PLASTIC ITEMS
27A. Objects of Part
27B. Meaning of banned single-use plastic item
27C. Restriction on sale of banned single-use plastic items
27D. Stating conditions under which plastic items are compostable
27E. Certification to chief executive officer about whether or not plastic items
are compostable
6. Section 40 substituted
40. False or misleading information
7. Repeal of Act
[Bill ]
2
WASTE AND RESOURCE RECOVERY AMENDMENT
(SINGLE-USE PLASTICS) BILL 2022
(Brought in by Rosalie Ellen Woodruff MP)
A BILL FOR
An Act to amend the Waste and Resource Recovery Act 2022 for the
purpose of introducing restrictions on the use of single-use plastics
Be it enacted by Her Excellency the Governor of Tasmania, by and
with the advice and consent of the Legislative Council and House of
Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Waste and Resource
Recovery Amendment (Single-Use Plastics) Act 2022.
2. Commencement
This Act commences on a day to be proclaimed, but if this
Act has not commenced before the first anniversary of the
day on which it receives the Royal Assent it commences
on that first anniversary.
3. Principal Act
In this Act, the Waste and Resource Recovery Act 2022*
is referred to as the Principal Act.
*No. 6 of 2022
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Waste and Resource Recovery Amendment (Single-Use Plastics) Act
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4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as follows:
(a) by inserting the following definitions after the
definition of approved:
AS 4736 means the Australian Standard for
biodegradable plastics suitable for
composting and other microbial
treatment, as in force from time to
time under that designation (regardless
of the edition or year of publication of
the standard);
AS 5810 means the Australian Standard for
biodegradable plastics suitable for
home composting, as in force from
time to time under that designation
(regardless of the edition or year of
publication of the standard);
(b) by inserting the following definition after the
definition of authorised officer:
banned single-use plastic item has the
meaning given by section 27B;
(c) by inserting the following definitions after the
definition of authorised Board:
compostable, for a plastic item, means the
plastic item is compostable under AS
4736 or AS 5810;
cutlery means utensils for eating food;
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healthcare business or undertaking means
any of the following businesses or
undertakings (however called) -
(a) a clinic or facility that provides
care to persons with a disability
or healthcare needs;
(b) a dental clinic;
(c) a hospital;
(d) a medical clinic;
(e) a medical supply business or
undertaking;
(f) a pharmacy;
(g) a business or undertaking that is
substantially similar to a
business or undertaking
mentioned in any of paragraphs
(a) to (f);
(d) by inserting the following definition after the
definition of person responsible:
plastic item means an item made, in whole
or part, of plastic (whether or not the
plastic is compostable);
(e) by inserting the following definitions after the
definition of Secretary:
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shelf-ready product means food or a
beverage that is pre-packaged as a
single serve and ready for -
(a) immediate consumption; or
(b) consumption after cooling or
heating the food or beverage.
single-use plastic item means a plastic
item, other than a plastic item that is
compostable, designed to be used only
once.
5. Part 2A inserted
The following Part is inserted after section 27 of the
Principal Act -
PART 2A - PLASTIC ITEMS
27A. Objects of Part
The objects of this part are to -
(c) promote and support the waste
and resource management
hierarchy; and
(d) reduce plastic pollution by
reducing the number of single-
use plastic items -
(i) used or sold; and
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(ii) that become waste
and are littered or
disposed of to
landfill; and
(e) encourage retailers and
consumers to -
(i) reduce the overall
use and sale of
single-use plastic
items; and
(ii) use or sell
sustainable
alternatives to
single-use plastic
items; and
(f) encourage manufacturers to
identify innovative product
designs for sustainable
alternatives to single-use plastic
items; and
(g) recognise the needs of persons
with a disability and the
healthcare needs of persons in
relation to the use of banned
single-use plastic items; and
(h) ensure manufacturers and
consumers are aware of, and
understand, information about
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plastic items that are
compostable.
27B. Meaning of banned single-use plastic item
(1) A banned single-use plastic item is a single-
use plastic item that -
(a) Is -
(i) a plate; or
(ii) a bowl; or
(iii) an item of cutlery; or
(iv) a straw; or
(v) a stirrer; or
(b) is prescribed by regulation to be
a banned single-use plastic item.
(2) However, each of the following is not a
banned single-use plastic item -
(a) a single-use plastic item that is
an integral part of a shelf-ready
product, including but not
limited to -
(i) a straw attached to a
juice box; and
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(ii) a fork included in a
pre-packed salad;
and
(iii) a spoon attached to a
yoghurt container;
and
(iv) a plate forming part
of a frozen meal; and
(b) a single-use plastic item that is
prescribed by regulation not to
be a banned single-use plastic
item.
(3) The Minister may recommend to the
Governor the making of a regulation under
subsection (1)(b) or (2)(b) about whether or
not a single-use plastic item is a banned
single-use plastic item (a proposed change)
only after -
(a) carrying out consultation with
the public about the proposed
change; and
(b) considering all of the following
-
(i) the results of the
public consultation
about the proposed
change;
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(ii) whether making the
proposed change is
likely to achieve the
objects of this part;
(iii) whether voluntary or
other measures to
achieve the objects
of this part have
been shown not to be
effective;
(iv) if the proposed
change is to
prescribe a single-
use plastic item to be
a banned single-use
plastic item -
(A) the availability
of alternative
products to the
single-use
plastic item;
and
(B) whether the
costs of
monitoring,
enforcement
and market
development
are
proportional to
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the benefits of
the proposed
change.
27C. Restriction on sale of banned single-use
plastic items
(1) A person who conducts a business or
undertaking must not, in the course of
conducting the business or undertaking, sell
a banned single-use plastic item to another
person.
Penalty: Fine not exceeding 50 penalty
units.
(2) Subsection (1) does not apply to the sale of
a banned single-use plastic item -
(a) by or to a person who conducts
an exempt business or
undertaking; or
(b) if the person selling the item
reasonably believes the sale is a
step in a supply chain for the
supply of the item to a person
who conducts an exempt
business or undertaking.
(3) In this section -
exempt business or undertaking means -
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(a) a healthcare business or
undertaking; or
(b) a school; or
(c) a business or undertaking
that may be prescribed, that
involves the sale or supply
of banned single-use
plastic items for use by
persons with a disability or
healthcare needs.
27D. Stating conditions under which plastic
items are compostable
(1) This section applies if a person--
(a) conducts a manufacturing,
wholesale, distribution or import
business or undertaking; and
(b) in the course of conducting the
business or undertaking, sells a
plastic item that is compostable
to another person.
(2) A person referred to in subsection (1) must
ensure the conditions under which the
plastic item is compostable are clearly and
legibly written -
(a) on the packaging for the plastic
item; or
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(b) in information or a document
accompanying the plastic item.
Penalty: Fine not exceeding 50 penalty
units.
(3) In this section -
condition, under which a plastic item is
compostable, includes -
(a) whether the plastic item is
suitable for industrial or
home composting; and
(b) whether the plastic item is
compostable under AS
4736 or AS 5810.
27E. Certification to chief executive officer
about whether or not plastic items are
compostable
(1) The chief executive officer may give a
notice under this section to a person if the
chief executive officer believes the person -
(a) conducts a manufacturing,
wholesale, distribution or import
business or undertaking; and
(b) in the course of conducting the
business or undertaking, sells to
another person -
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Waste and Resource Recovery Amendment (Single-Use Plastics) Act
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(i) a plastic item that is
compostable (a sold
item); or
(ii) a plastic item (also a
sold item) the person
tells the other person
is compostable.
(2) A notice under this section may require the
person to give the chief executive officer a
certification about the sold item.
(3) A person who is given a notice under this
section must comply with the notice within
20 business days after receiving the notice
unless the person has a reasonable excuse.
Penalty: Fine not exceeding 50 penalty
units.
(4) In this section -
certification, about a sold item, means a
certification about whether or
not the sold item is compostable
that -
(a) includes the information
decided by the chief
executive; and
(b) is in the form decided by
the chief executive; and
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sold item means an item referred to in
subsection (1)(b)(i) and (ii).
6. Section 40 substituted
Section 40 of the Principal Act is repealed and the
following section is substituted:
40. False or misleading information
(1) A person must not, in a record, return,
report, result, document or information
given to another person in accordance with
this Act, make a statement that is false or
misleading in a material particular without
-
(a) indicating that the statement is
false or misleading and the
manner in which it is false or
misleading; and
(b) giving to the other person any
correct information -
(i) of which the first-
mentioned person
has possession or can
reasonably obtain;
and
(ii) that is required to be
given to the other
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person in order to
correct the false or
misleading statement
or is required to be
read by the other
person together with
that statement in
order for the
statement not to be
false or misleading.
Penalty: Fine not exceeding 200 penalty
units or imprisonment for a term
not exceeding 12 months, or both.
(2) A person must not give information, or a
document containing information, that the
person knows is false or misleading to
another person about -
(a) whether or not a plastic item is
compostable; or
(b) the composition of a banned
single-use plastic item; or
(c) whether or not a plastic item is a
banned single-use plastic item.
Penalty: Fine not exceeding 50 penalty
units.
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s. 7
7. Repeal of Act
This Act is repealed on the three hundred and sixty fifth
day from the day on which all of the provisions of this Act
commence.