On 7 December 2010 the A.C.T. Legislative Assembly passed the Plastic Shopping Bag Ban Bill 2010.  The Act will ban the supply of certain types of plastic shopping bags from 1 November 2011.  Specifically, the Act will ban bags that are made in whole, or in part, of polyethylene with a thickness of less than 35 microns.  These are generally the type of bag distributed through supermarkets, grocery stores and takeaway food outlets.

The A.C.T. Government will conduct a comprehensive communications campaign to assist retailers and consumers to prepare for the ban and transition arrangements.

• What is the purpose of the ban on plastic bags?
• When do the new laws take effect?
• Will all plastic bags be banned?
• Will there be penalties for supplying a plastic bag?

What is the purpose of the ban on plastic bags?

The banning of single-use polyethylene shopping bags will reduce unnecessary consumption, reduce waste to landfill, and reduce litter and other environmental impacts of plastic bags.

The aim of the ban is to reduce the use of plastic bags by restricting the supply of plastic bags at the point of sale where the bag is provided to carry goods.

When do the new laws take effect?

A four month transitional period between 1 July 2011 and 31 October 2011 is set out in the Act to ensure a smooth transition prior to the ban coming into full effect on 1 November 2011.

The Act requires retailers to offer alternative bags and also display signs informing customers of the changes during the transition period.  Signs will be available from the Government closer to the time to assist retailers.

The impact of the ban on less privileged members of the community will be addressed through a range of measures such as the provision of free reusable bags through charities and/or A.C.T. Government Shopfronts or A.C.T. libraries.

No banned single-use plastic shopping bags can be supplied after 1 November 2011.

Will all plastic bags be banned?

No, the Act does not ban all plastic bags.  The ban does not affect:

• biodegradable bags;
• plastic bags that are an integral part of packaging in which goods are sealed prior to sale;
• barrier bags such as those used for fruit and vegetable purcahses; or,
• bags that are prescribed by regulation not to be a plastic shopping bag.

Will there be penalties for supplying a plastic bag?

Yes.  The Act contains an offence for a retailer who supplies a plastic shopping bag to a customer if the plastic shopping bag is supplied for the custoemr to carry goods bought, or to be bought, from the retailer.

The maximum penalty for a breach of this offence is $5,500 for an individual and $27,500 for a company.  The provision is intended to ensure that retailers comply with the legislation.  The penalties reflect the importance of protecting public confidence in the compliance and enforcement system.

The Office of Regulatory Services' (ORS) philosophy with enforcement is to 'Engage, Educate, and Enforce'.  The ORS aims to achieve compliance with laws wherever this is possible rather than opting for confrontation and prosecution.  However, if retailers do not comply with the imposed ban, then the ORS must have the ability to issue an infringement notice or prosecute to stop the supply of the banned plastic bags in the Territory.

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