Document ID: chunk:federal_register_of_legislation:F2018N00134:front:0:p3
Version: federal_register_of_legislation:F2018N00134
Segment Type: other
Provision Reference: 
Character Range: 5236–7971

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 shopping bag if prior to, or in the course of, selling, supplying or providing the bag, the person represents to the retailer that the bag is not a single use plastic shopping bag.

       (2)       Notwithstanding subclause (1) above and in accordance with section 3.5(2) of the Local Government Act (WA) (CI) 1995 whereby this local law will not generally apply outside of the district, a person or retailer must ensure that the supplier providing the plastic bags is to comply with the conditions prescribed in this local law relating to the provision of a plastic bag that is not a single use plastic shopping bag.

    7. Offences and general penalty
       (1)       Any person who fails to do anything required or directed to be done under this local law, or who does anything which under this local law that person is prohibited from doing, commits an offence.

       (2)       Any person who commits an offence under this local law is liable, upon conviction, to a penalty not exceeding $2,500, and if the offence is of a continuing nature, to an additional penalty not exceeding $250 for each day or part of a day during which the offence has continued.

    8. Prescribed offences
       (1)       An offence against a clause specified in Schedule 1 is a prescribed offence for the purposes of section 9.16 (1) of the Act.

       (2)       The amount of the modified penalty for a prescribed offence is that specified adjacent to the clause in Schedule 1.

       (3)       Before giving an infringement notice to a person in respect of the commission of a prescribed offence, an authorised person should be satisfied that -
          1. commission of the prescribed offence is a relatively minor matter; and
          2. only straightforward issues of law and fact are involved in determining whether the prescribed offence was committed, and the facts in issue are readily ascertainable.

       (4)       This local law expresses a modified penalty as the amount prescribed in Schedule 1 of this local law.

    9. Form of notices
    For the purposes of this local law -
          1. the form of the infringement notice given under section 9.16 of the Act is that of Form 2 in Schedule 1 of the Regulations; and
          2. the form of the notice referred to in section 9.20 of the Act is that of Form 3 in Schedule 1 of the Regulations.

Schedule 1—Prescribed Offences
(Clause 8)
Clause   Description         Modified Penalty
5(1)   Provision of single use plastic shopping bag by retailer