Document ID: chunk:federal_register_of_legislation:F2018N00134:front:0:p2
Version: federal_register_of_legislation:F2018N00134
Segment Type: other
Provision Reference: 
Character Range: 2604–5460

accordance with the relevant standard and can, in accordance with the relevant standard, be designated as compostable;
    CEO means the Chief Executive Officer of the Shire of Christmas Island and includes the Acting Chief Executive Officer;
district means the district of the local government;
local government means the Shire of Christmas Island;
    modified penalty means the amount prescribed by the Shire of Christmas Island as a modified penalty pursuant to Schedule 1 or unless otherwise specifically prescribed in this local law;
Regulations means the Local Government (Functions and General) Regulations (WA) (CI) 1996;
    relevant standard means AS 4736/2006 Biodegradable plastics - Biodegradable plastics suitable for composting and other microbial treatment as amended from time to time;
retailer means a person selling any retail goods;
reusable plastic bag means a carry bag—
         (a) the body of which comprises (in whole or in part) polyethylene, polypropylene or polyethylene terephthalate with a thickness of 35 microns or more; and
    (b) that includes handles;
Schedule means a schedule to this local law;
single use plastic shopping bag means—
    (a) a carry bag—
              (i) the body of which comprises (in whole or in part) polyethylene, polypropylene or polyethylene terephthalate with a thickness of less than 35 microns; and
         (ii) that includes handles; but does not include-
    (b) a biodegradable bag;
    (c) a reusable plastic bag; or
    (d) a plastic bag that constitutes, or forms an integral part of, the packaging
    in which goods are sealed prior to sale; and
terephthalate means a salt or ester of terephthalic acid that is a major starting material for polyester
fibers and coatings.

    5. Retailer not to provide single use plastic shopping bag
       (1)       A retailer shall not provide a single use plastic shopping bag to a customer as a means of carrying goods purchased, or to be purchased, from the retailer.

       (2)       It is a defence to a charge under subclause (1) if the retailer proves that he or she believed on reasonable grounds that the bag was not a single use plastic shopping bag.

       (3)       The prohibition contained in subclause (1) applies whether or not a fee is charged to the customer for provision of a single use plastic shopping bag.

       (4)       Subclause (1) shall not prevent a retailer from providing an alternative shopping bag to a customer as a means of carrying goods purchased, or to be purchased, from the retailer.

    6. Person must not represent that supplied single use plastic shopping bag is not a single use plastic shopping bag
       (1)       A person who is in the business of selling or providing plastic bags to retailers shall not sell, supply or provide a bag to a retailer knowing that it is a single use plastic