Plastic Shopping Bags (Waste Avoidance) Repeal Bill

Second Reading

Adjourned debate on second reading.

(Continued from 29 August 2024.)

The Hon. H.M. GIROLAMO (18:03): I rise today on behalf of the opposition to indicate that we will be supporting the Plastic Shopping Bags (Waste Avoidance) Repeal Bill 2024. This is a simple bill which seeks to repeal the Plastic Shopping Bags (Waste Avoidance) Act 2008 and the Plastic Shopping Bags (Waste Avoidance Regulations) 2022. Currently the act bans retailers from providing a customer with a lightweight checkout-style plastic bag. The regulations set out signage requirements in relation to the banning of plastic shopping bags.

The new Single-use and Other Plastic Products (Waste Avoidance) (Prohibited Plastic Products) Amendment Regulations 2024, under the Single-use and Other Plastic Products (Waste Avoidance) Act 2020, include plastic shopping bags already banned under the plastic bags act, as well as banning all plastic film bags, no matter the thickness, and plastic-laminated paper shopping bags. The new regulations broaden the scope of prohibited plastic shopping bags, and the penalties under the single-use plastics act are broader and higher than those under the plastic bags act. These regulations came into effect on Sunday 1 September 2023, which means that the plastic bags act and regulations are now redundant and hence being repealed.

I would like to take the opportunity to briefly highlight the Liberal Party's strong record in delivering practical action in this space, as it was the former Marshall Liberal government that introduced the nation-leading single-use plastic legislation. The former Liberal government saw SA become the first state in the nation to ban a range of single-use plastics, including plastic straws, cutlery and drink stirrers. The work we started has seen further plastics banned in September this year, including plastic pizza savers, cotton buds, bowls, plates and, of course, plastic bags.

The former Liberal government extended South Australia's nation-leading approach to recycling and waste management. In reflecting on this, I commend the bill.

The Hon. I.K. HUNTER: Mr President, I draw your attention to the state of the council.

A quorum having been formed:

The Hon. J.E. HANSON (18:08): I rise to speak on the Plastic Shopping Bags (Waste Avoidance) Repeal Bill 2024. It is fantastic to say that, back in 2009, South Australia led the nation in the phase-out of lightweight plastic shopping bags when the plastic bag act came into effect under the former Rann Labor government.

This repeal bill aims to extend the prohibitions on single-use plastic shopping bags by banning lightweight, singlet-style plastic shopping bags that are less than 35 microns—that is right, 35 microns—in thickness. Utilising the more modern and broadly scooped Single-use and Other Plastic Products (Waste Avoidance) Act 2020, also known as the 'single-use plastics act', will strengthen our efforts—'strengthen' is a fantastic juxtaposition—to remove plastic film shopping bags of any thickness from circulation in South Australia by broadening the scope of prohibited plastic shopping bags. This will include plastic shopping bags already banned under the plastic bags act, making the plastic bags act redundant and in need of repeal.

To bring it to somewhat of a sudden close for this evening, in summary the plastic bags act bans retailers from providing a customer with a lightweight, checkout style plastic bag, which is defined as a carry bag that includes handles and comprises in whole or in part polyethylene, with a thickness of less than—that is right, you guessed it; how many microns?—35. That is right: 35 microns.

Biodegradable bags and heavyweight plastic bags are not banned under the plastic bags act. The new Single-use and Other Plastic Products (Waste Avoidance) (Prohibited Plastic Products) Amendment Regulations 2024, under the single-use plastics act, include plastic shopping bags already banned under the plastic bags act as well as banning all plastic film bags no matter the thickness and plastic laminated paper shopping bags.

The current plastic bags act includes an exemption for the Australian standard certified compostable shopping bags. This exemption has been included in the draft single-use plastic regulations as well as additional exemptions for reusable shopping bags made from plastic material such as nylon, polyester, woven polypropylene and non-woven polypropylene.

Penalties under the single-use plastics act are broader and higher than those under the plastic bags act. Under the plastic bags act the offence is limited to a retailer providing a plastic shopping bag. However, the single-use plastics act contains an offence to sell, supply or distribute. The maximum penalty under the plastic bags act for providing a plastic shopping bag is $5,000, whereas the single-use plastics act contains a maximum penalty of $20,000 for a manufacturer, producer, wholesaler or distributor and $5,000 in other cases, such as for a retailer.

So what does all this mean? It means that there are going to be less plastic shopping bags at most retailers. I know, from having engaged, over the time that I have been in parliament, in a number of committees relating to waste and recycling that plastic shopping bags are something of a bugbear for many commercial arrangements. However, I have to note that, as those committees have progressed over time, we have seen most of the major retailers—certainly the major retailers—adapt quite well to the incoming plastic bag regulations as they have been brought into place.

I think what that is is a great example of the retailers—certainly the major ones—being able to achieve what it is that the government is seeking them to slowly get to. I do agree that in some ways that would be a bit too slow for what could be required as probably the intent of the initial 2009 legislation of the Rann government. However, we are slowly getting there—and it is slow, I will acknowledge that, but we are slowly getting there.

I would say as well that, in terms of practice, back in the day when we were banning single-use plastic bags in 2009—it seems like only yesterday—I was not much of a plastic bag ban fan, but I have come round. Perhaps it is age. I have come round. I have decided that the plastic bag ban is something that I can live with, not least because paper bags have become far stronger and far more practical for what we seek to put in them.

While what we seek to put in them is certainly the next frontier, I think the plastic bags around the plastic containers which also then have bags of plastic in them is something that is in the days of our past. That will summarise what I have to say on this bill.

Debate adjourned on motion of Hon. L.A. Henderson.