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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2024-08-29 Daily Xml
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Plastic Shopping Bags (Waste Avoidance) Repeal Bill

Introduction and First Reading

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (16:23): Obtained leave and introduced a bill for an act to repeal the Plastic Shopping Bags (Waste Avoidance) Act 2008 and the Plastic Shopping Bags (Waste Avoidance) Regulations 2022. Read a first time.

Second Reading

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (16:24): I move:

That this bill be now read a second time.

I am pleased to introduce on behalf of the government the Plastic Shopping Bags (Waste Avoidance) Repeal Bill 2024. The Plastic Shopping Bags (Waste Avoidance) Act 2008, or plastic bags act, bans lightweight, singlet-style plastic shopping bags that are less than 35 microns in thickness. South Australia led the nation on the phase-out of lightweight plastic shopping bags when the act came into force on 4 May 2009 under the former Rann Labor government.

The Malinauskas Labor government is extending prohibitions on single-use plastic shopping bags by utilising the more modern and more broadly scoped Single-use and Other Plastic Products (Waste Avoidance) Act 2020, or single-use plastics act. This strengthens efforts 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.

The Plastic Shopping Bags (Waste Avoidance) Repeal Bill 2024 seeks to repeal the plastic bags act and the Plastic Shopping Bags (Waste Avoidance) Regulations 2022. 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 35 microns. Biodegradable bags and heavyweight plastic bags are not banned under the plastic bags act.

The Plastic Shopping Bags (Waste Avoidance) Regulations 2022 set out signage requirements in relation to the banning of lightweight checkout-style plastic shopping bags from a prescribed day, being 4 May 2009. The prescribed day implemented a transitional period between commencement of the legislation on 1 January 2009 and the application of offence provisions.

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 Australian Standard (AS) certified compostable shopping bags. This exemption has been included in the draft single-use plastics regulations, as well as additional exemptions for reusable shopping bags made from plastic materials 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.

Consultation on the draft single-use plastics regulations ran in accordance with section (6)(2) of the single-use plastics act, which requires the minister to publicly consult for a period of no less than eight weeks prior to adding a new prohibited plastic product to the single-use plastics act by regulation.

There were 19 business survey responses and 134 individual survey responses received during consultation. Overall, there was strong support from individuals to ban plastic shopping bags. A small number of respondents expressed their dissatisfaction with the ban, highlighting the reuse of plastic shopping bags for bin liners, holding wet items/clothing and poor performance of paper bags for some items. However, there was no evidence in the survey responses which suggested plastic film shopping bags are reused more than once or twice before they are discarded. In general, businesses agreed with the proposed ban, with one business highlighting the need to clear stock on hand.

The repeal bill commencement clause specifies that the repeal act comes into operation on a day to be fixed by proclamation. Prohibiting all plastic shopping bags under the single-use plastics act promotes consistent, contemporary offences and penalties. I commend the bill to members and seek leave to have the explanation of clauses inserted in Hansard without my reading it.

Leave granted.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

These clauses are formal.

Part 2—Repeal of Plastic Shopping Bags (Waste Avoidance) Act 2008

3—Repeal of Act

This clause repeals the Plastic Shopping Bags (Waste Avoidance) Act 2008 as the prohibition and restriction on the provision and use of plastic shopping bags is intended to be regulated under the Single-use and Other Plastic Products (Waste Avoidance) Act 2020.

Part 3—Repeal of Plastic Shopping Bags (Waste Avoidance) Regulations 2022

4—Repeal of regulations

This clause repeals the regulations made under the Plastic Shopping Bags (Waste Avoidance) Act 2008.

Debate adjourned on motion of Hon. B.R. Hood.

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