{"id":"a-2023-39","name":"Circular Economy Act 2023","slug":"circular-economy-act-2023","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"39 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23170,"registerId":"act-a-2023-39-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Circular Economy Act 2023","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nCircular Economy Act 2023\nA2023-39\nRepublication No 3\nEffective: 16 November 2025\nRepublication date: 16 November 2025\nLast amendment made by A2025-29\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Circular Economy Act 2023 (including any amendment made under\nthe Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 16 November 2025. It also\nincludes any commencement, amendment, repeal or expiry affecting this republished law to\n16 November 2025.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR3\n16/11/25\nCircular Economy Act 2023\nEffective: 16/11/25\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nCircular Economy Act 2023\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n3 Dictionary 2\n4 Notes 2\n5 Offences against Act—application of Criminal Code etc 2\n6 Objects of Act 3\nPart 2 Waste reduction measures\nDivision 2.1 Preliminary\n7 Meaning of business—pt 2 4\nDivision 2.2 Waste requirements for businesses\n8 Requirements for reducing waste produced by businesses 4\n9 Requirements for dealing with waste produced by businesses 5\n10 Consultation requirements—proposed waste reduction or processing\nrequirements 5\n\nContents\nPage\ncontents 2 Circular Economy Act 2023\nEffective: 16/11/25\nR3\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Prohibited products\nDivision 3.1 Important concepts\n11 Definitions—pt 3 7\n12 Meaning of prohibited product—pt 3 7\n13 Meaning of prohibited plastic product—pt 3 8\n14 Meaning of single-use—pt 3 9\n15 Meaning of supply—pt 3 10\n16 Consultation requirements—prohibited products and prohibited plastic\nproducts 11\nDivision 3.2 Supplying prohibited products\n17 Person must not supply prohibited product 12\n18 Person must not make false representation about prohibited product 12\n19 Notice to dispose of prohibited products 13\n20 Authorised person may remove and dispose of prohibited products if\nnotice not complied with 14\nDivision 3.3 Supply of declared products at public events\n21 Minister may declare prohibitable product must not be supplied at\npublic event 15\n22 Person must not supply declared product at public event 16\nPart 4 Exemptions\n23 Minister may disapply Act for person or prohibited product 17\nPart 5 Enforcement\nDivision 5.1 Preliminary\n24 Definitions—pt 5 19\n25 Appointment of authorised people 20\n26 Identity cards 20\nDivision 5.2 Exercise of powers generally\n27 Requirements before certain powers can be exercised 21\n28 Privilege against self-incrimination does not apply 22\nDivision 5.3 Power to obtain information\n29 Direction to give information 23\n30 Direction to give name and address 24\n\nContents\nPage\nR3\n16/11/25\nCircular Economy Act 2023\nEffective: 16/11/25\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 5.4 Power to enter premises\n31 Powers of authorised person to enter premises 25\n32 Obtaining consent to entry 26\n33 Consent to enter taken to be given if premises entered under other Act 27\n34 General powers on entry to premises 27\nDivision 5.5 Warrants\n35 Definitions—div 5.5 28\n36 Application for warrant 29\n37 Magistrate may refuse to consider application for warrant until\nauthorised person gives relevant information 29\n38 Decision on application for warrant 29\n39 Warrant issued on remote application 30\n40 Announcement before entry under warrant 31\n41 Warrant etc to be given to occupier 32\n42 Occupier entitled to watch search etc 32\nDivision 5.6 Power to seize things\n43 Authorised person may seize things at premises 33\n44 Moving things to another place for examination or processing under\nwarrant 34\n45 Owner etc may access seized things 35\n46 Person must not interfere with seized things 35\n47 Authorised person must give receipt for seized things 35\n48 Return of seized things 36\n49 Order disallowing seizure 38\nDivision 5.7 Miscellaneous\n50 Damage etc to be minimised 39\n51 Compensation for exercise of enforcement powers 40\nPart 6 Reviewable decisions\n52 Definitions—pt 6 41\n53 Reviewable decision notices 41\n54 Applications for review 41\n\nContents\nPage\ncontents 4 Circular Economy Act 2023\nEffective: 16/11/25\nR3\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 7 Miscellaneous\n55 Applying, adopting or incorporating documents in regulation and\ninstruments 42\n56 Regulation-making power 42\nDictionary 43\nEndnotes\n1 About the endnotes 45\n2 Abbreviation key 45\n3 Legislation history 46\n4 Amendment history 46\n5 Earlier republications 47\n6 Expired transitional or validating provisions 47\n\nR3\n16/11/25\nCircular Economy Act 2023\nEffective: 16/11/25\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nCircular Economy Act 2023\nAn Act to reduce waste and promote a circular economy, and for other purposes\n\nPart 1 Preliminary\nSection 1\npage 2 Circular Economy Act 2023\nEffective: 16/11/25\nR3\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Circular Economy Act 2023.\n3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere.\nFor example, the signpost definition ‘waste—see the Waste Management\nand Resource Recovery Act 2016, section 10.’ means that the term\n‘waste’ is defined in that section and the definition applies to this Act.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n4 Notes\nA note included in this Act is explanatory and is not part of this Act.\n5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\nPreliminary Part 1\nSection 6\nR3\n16/11/25\nCircular Economy Act 2023\nEffective: 16/11/25\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n6 Objects of Act\n(1) The objects of this Act are to—\n(a) minimise the generation of waste; and\n(b) maximise the recovery and re-use of resources; and\n(c) minimise the amount of waste that goes to landfill; and\n(d) reduce the harm of plastic and other waste on the natural and\nbuilt environment and public health; and\n(e) promote other features of a circular economy including by\nencouraging the design and manufacture of products that—\n(i) use less resources during manufacturing; and\n(ii) use more renewable, reusable or nontoxic resources during\nmanufacturing; and\n(iii) are more durable, repairable, reusable, recyclable or\ncompostable.\n(2) The precautionary principle must be taken into account in giving\neffect to the objects of this Act.\n(3) In this section:\nprecautionary principle means that, if there is a threat of serious or\nirreversible environmental damage, a lack of full scientific certainty\nshould not be used as a reason for postponing measures to prevent\nenvironmental degradation.\n\nPart 2 Waste reduction measures\nDivision 2.1 Preliminary\nSection 7\npage 4 Circular Economy Act 2023\nEffective: 16/11/25\nR3\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Waste reduction measures\nDivision 2.1 Preliminary\n7 Meaning of business—pt 2\nIn this part:\nbusiness—\n(a) includes—\n(i) a trade, industry or profession; and\n(ii) any other activity carried on for fee, benefit or reward; and\n(iii) a person or activity prescribed by regulation; but\n(b) does not include a person or activity excluded by regulation.\nDivision 2.2 Waste requirements for businesses\n8 Requirements for reducing waste produced by\nbusinesses\nA regulation may require a person conducting a business to do any of\nthe following to reduce the amount of waste produced by the business\n(a waste reduction requirement):\n(a) prepare a plan to reduce the amount of waste produced by the\nbusiness;\n(b) keep records about, and report on, the person’s compliance with\na regulation made for paragraph (a).\n\nWaste reduction measures Part 2\nWaste requirements for businesses Division 2.2\nSection 9\nR3\n16/11/25\nCircular Economy Act 2023\nEffective: 16/11/25\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n9 Requirements for dealing with waste produced by\nbusinesses\nA regulation may require a person conducting a business to do any of\nthe following in relation to waste produced by a business (a waste\nprocessing requirement):\n(a) sort the waste at the business’s premises in a stated way before\nprocessing or disposal;\n(b) dispose of the waste in a stated way;\n(c) keep records about, and report on, the person’s compliance with\na regulation made for paragraph (a) or (b).\n10 Consultation requirements—proposed waste reduction or\nprocessing requirements\nBefore a regulation may be made prescribing a requirement for\nsection 8 or section 9—\n(a) the Minister must give a public notice in relation to the proposed\nregulation that includes the following information:\n(i) details about the requirements to be prescribed;\n(ii) a statement that anyone may give a written submission to\nthe Minister about the proposed regulation;\n(iii) a statement that submissions may be given only in the\nperiod starting on the day the notice is published and\nending 12 weeks later or any later day stated in the notice;\nand\n(b) the Executive must consider the following:\n(i) any written submissions received in accordance with the\npublic notice;\n\nPart 2 Waste reduction measures\nDivision 2.2 Waste requirements for businesses\nSection 10\npage 6 Circular Economy Act 2023\nEffective: 16/11/25\nR3\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) the financial and operational impact of the proposed waste\nreduction requirement or waste processing requirement on\nthe people and businesses to whom the requirement\napplies.\n\nProhibited products Part 3\nImportant concepts Division 3.1\nSection 11\nR3\n16/11/25\nCircular Economy Act 2023\nEffective: 16/11/25\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Prohibited products\nDivision 3.1 Important concepts\n11 Definitions—pt 3\nIn this part:\nbeverage includes water.\nplastic product means a product made, in whole or in part, of plastic.\nprohibited plastic product—see section 13 (1).\nprohibited product—see section 12 (1).\nsingle-use, in relation to a plastic product—see section 14 (1).\nsupply, a prohibited product to a person—see section 15.\n12 Meaning of prohibited product—pt 3\n(1) In this part:\nprohibited product—\n(a) means—\n(i) a prohibited plastic product; or\n(ii) any other product prescribed by regulation if—\n(A) the production or use of the product is harmful to the\nnatural or built environment or human health; or\n(B) there is a reasonably available and affordable\nalternative product that better promotes a circular\neconomy; but\n(b) does not include a product excluded by regulation.\n\nPart 3 Prohibited products\nDivision 3.1 Important concepts\nSection 13\npage 8 Circular Economy Act 2023\nEffective: 16/11/25\nR3\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) For this section, an alternative product better promotes a circular\neconomy than another product if it—\n(a) uses less resources during manufacturing than the other product;\nand\n(b) uses more renewable, reusable or nontoxic resources during\nmanufacturing than the other product; and\n(c) is more durable, repairable, reusable, recyclable or compostable\nthan the other product.\n13 Meaning of prohibited plastic product—pt 3\n(1) In this part:\nprohibited plastic product—\n(a) means any of the following:\n(i) a single-use plastic product prescribed by regulation;\n(ii) a non-compostable degradable plastic product prescribed\nby regulation; but\n(b) does not include an integrated packaging item.\n(2) In this section:\nnon-compostable, in relation to a plastic product, means a plastic\nproduct that is not designated—\n(a) compostable in accordance with AS 4736-2006 (Biodegradable\nplastics—Biodegradable plastics suitable for composting and\nother microbial treatment) as in force from time to time; or\n(b) home compostable in accordance with AS 5810-2010\n(Biodegradable plastics—Biodegradable plastics suitable for\nhome composting) as in force from time to time.\nNote AS 4736-2006 and AS 5810-2010 may be purchased at\nwww.standards.org.au.\n\nProhibited products Part 3\nImportant concepts Division 3.1\nSection 14\nR3\n16/11/25\nCircular Economy Act 2023\nEffective: 16/11/25\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nintegrated packaging item—\n(a) means an item that is an integral part of the packaging in which\ngoods, including pre-packaged portions of food or a beverage,\nare sealed before the goods are supplied; but\n(b) does not include an item prescribed by regulation.\nExamples—par (a)\n1 a sealed expanded polystyrene cup containing dry noodles with flavouring\n2 a sealed expanded polystyrene tray containing fruit, vegetables or uncooked\nmeat\n3 a plastic bag containing cereal inside a cardboard box\n4 a fork included in a pre-packed salad\n5 a spoon attached to an ice-cream cup\n6 a plate forming part of a frozen meal\n14 Meaning of single-use—pt 3\n(1) For this part, a single-use product means a product designed or\nintended to be used only once.\nExample\nA cafe sells coffee in plastic takeaway cups under a cup-return scheme. Under the\nscheme, a customer buys their coffee in a plastic takeaway cup and returns the\nempty cup to the cafe or any other participating cafe to be washed and reused by\nother customers of the cafe. The use and return of the plastic takeaway cups is\ntracked using a mobile phone app. The plastic takeaway cups are not intended to be\nused once only.\n(2) Subsection (1) applies even if a single-use product is able to be\nre-used.\nExample—re-use\nA restaurant selling takeaway food places the prepared food in plastic takeaway\nfood containers and then in a single-use plastic shopping bag along with plastic\ncutlery for a customer to take away and eat. The customer washes the empty plastic\ntakeaway containers and re-uses them to take their lunch to work. The customer\nalso re-uses the single-use plastic shopping bag as a bin liner and the plastic cutlery\nas planting labels for seedlings. The subsequent re-use of these items is unrelated\nto the restaurant’s original intended use.\n\nPart 3 Prohibited products\nDivision 3.1 Important concepts\nSection 15\npage 10 Circular Economy Act 2023\nEffective: 16/11/25\nR3\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) For subsection (1), used only once includes multiple purposes within\nthe 1 use.\nExample—multiple purposes\nFresh herbs are placed in a plastic sleeve by the grower. The plastic sleeve has the\nfollowing purposes:\n(a) portioning the herbs for sale;\n(b) protecting the herbs during transport to the supermarket;\n(c) extending the shelf-life of the herbs at the supermarket;\n(d) protecting the herbs during purchase and transport to the home of the\nconsumer.\n15 Meaning of supply—pt 3\nIn this part:\nsupply, a prohibited product to a person—\n(a) means sell or otherwise provide a prohibited product to the\nperson; and\n(b) includes the following:\n(i) offer to provide the product to the person;\n(ii) receive or possess the product for the purpose of providing\nit to the person;\n(iii) display the product for the purpose of providing it to the\nperson;\n(iv) cause or permit the product to be provided to the person;\nand\n(c) for a plastic product—\n(i) includes providing the plastic product to the person—\n(A) as a container or packaging for another product\nprovided to the person; or\n\nProhibited products Part 3\nImportant concepts Division 3.1\nSection 16\nR3\n16/11/25\nCircular Economy Act 2023\nEffective: 16/11/25\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(B) for use with, or in relation to, another product\nprovided to the person; but\n(ii) does not include providing the plastic product to the person\nin a domestic setting.\nExample—par (c) (i) (A)\ngiving a customer in a restaurant a plastic takeaway container to put uneaten\nrestaurant food into\nExample—par (c) (i) (B)\nmaking plastic beverage stirrers available on the counter at a coffee shop\nExample—par (c) (ii)\na parent providing a plastic fork for a school lunch\n16 Consultation requirements—prohibited products and\nprohibited plastic products\n(1) Before a regulation may be made prescribing a product for a relevant\nsection—\n(a) the Minister must give a public notice in relation to the proposed\nregulation that includes the following:\n(i) details about the product to be prescribed by the proposed\nregulation;\n(ii) the reasons for prescribing the product;\n(iii) information about any proposed declaration to be made\nunder section 23 in relation to the product;\n(iv) a statement that anyone may give a written submission to\nthe Minister about the proposed regulation;\n(v) a statement that submissions may be given only in the\nperiod starting on the day the notice is published and\nending 12 weeks later or any later day stated in the notice;\nand\n\nPart 3 Prohibited products\nDivision 3.2 Supplying prohibited products\nSection 17\npage 12 Circular Economy Act 2023\nEffective: 16/11/25\nR3\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the Executive must consider the following:\n(i) any written submissions received in accordance with the\npublic notice;\n(ii) the availability and utility of alternative products to replace\nthe proposed prohibited product.\n(2) In this section:\nrelevant section means—\n(a) section 12 (1), definition of prohibited product,\nparagraph (a) (ii); or\n(b) section 13 (1), definition of prohibited plastic product,\nparagraph (a) (i) or (ii).\nDivision 3.2 Supplying prohibited products\n17 Person must not supply prohibited product\n(1) A person must not supply a prohibited product to another person.\nMaximum penalty: 50 penalty units.\n(2) An offence against this section is a strict liability offence.\n18 Person must not make false representation about\nprohibited product\nA person commits an offence if the person—\n(a) supplies a prohibited product to another person; and\n(b) intentionally or recklessly represents to the other person that the\nproduct is not a prohibited product.\nMaximum penalty: 50 penalty units.\n\nProhibited products Part 3\nSupplying prohibited products Division 3.2\nSection 19\nR3\n16/11/25\nCircular Economy Act 2023\nEffective: 16/11/25\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n19 Notice to dispose of prohibited products\n(1) This section applies if an authorised person believes on reasonable\ngrounds that a person has contravened section 17.\n(2) The authorised person may give the person written notice requiring\nthe person to dispose of the prohibited product in a stated way within\na reasonable stated period.\nNote If the notice is given to a person who may apply to the ACAT for review\nof the decision, the notice must be a reviewable decision notice (see s 53).\n(3) For subsection (2), the authorised person may only require a person\nto dispose of the prohibited product in a way that—\n(a) does not unreasonably financially disadvantage the person; and\n(b) is consistent with the objects of this Act.\nExample—par (b)\na direction to take the prohibited product to a waste management and resource\nrecovery centre for appropriate disposal\n(4) The notice must contain a statement to the effect that if the person\ndoes not dispose of the prohibited product in accordance with the\nnotice—\n(a) an authorised person may remove and dispose of the product or\nauthorise a stated person to remove and dispose of the product;\nand\n(b) the person must pay to the Territory the reasonable cost of any\nremoval and disposal of the product.\nNote An amount owing under a law may be recovered as a debt in a court of\ncompetent jurisdiction or the ACAT (see Legislation Act, s 177).\n(5) A person must comply with a notice given to the person under\nsubsection (2).\nMaximum penalty: 20 penalty units.\n(6) An offence against this section is a strict liability offence.\n\nPart 3 Prohibited products\nDivision 3.2 Supplying prohibited products\nSection 20\npage 14 Circular Economy Act 2023\nEffective: 16/11/25\nR3\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n20 Authorised person may remove and dispose of prohibited\nproducts if notice not complied with\n(1) If a person fails to comply with a notice under section 19 in relation\nto a prohibited product, an authorised person may—\n(a) remove and dispose of the product; or\n(b) authorise a stated person to remove and dispose of the product.\n(2) However, the authorised person or stated person must not remove or\ndispose of the prohibited product unless—\n(a) the period in which the person may make an application for\nreview of the decision to which the notice relates has ended and\nthe person has not made an application; or\n(b) if the person applies to the ACAT for a review of the decision—\n(i) the ACAT confirms the decision; or\n(ii) if the ACAT varies or substitutes the decision and the\nvaried or substituted decision requires the person to\ndispose of the product—the person fails to comply with the\nvaried or substituted decision; or\n(iii) the person withdraws the application.\n(3) A person who fails to comply with a requirement in a notice under\nsection 19 must pay to the Territory the reasonable cost of any\nremoval or disposal carried out under this section.\nNote An amount owing under a law may be recovered as a debt in a court of\ncompetent jurisdiction or the ACAT (see Legislation Act, s 177).\n\nProhibited products Part 3\nSupply of declared products at public events Division 3.3\nSection 21\nR3\n16/11/25\nCircular Economy Act 2023\nEffective: 16/11/25\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 3.3 Supply of declared products at public\nevents\n21 Minister may declare prohibitable product must not be\nsupplied at public event\n(1) The Minister may declare that a person must not supply a stated\nprohibitable product to another person at a stated public event.\n(2) For a public event that is not a government event, the Minister may\nonly make a declaration if—\n(a) the declaration is made not less than 3 months before the day the\nevent starts; and\n(b) after consulting the person conducting the public event, the\nMinister is satisfied that—\n(i) there is a reasonably available and affordable alternative\nproduct; and\n(ii) the declaration will not have an unreasonable impact on the\nevent.\n(3) A declaration is a disallowable instrument.\n(4) In this section:\ngovernment event means an event conducted by the Territory or a\nterritory entity.\nprohibitable product means a product that may be, but is not,\nprescribed as a prohibited product for—\n(a) section 12 (1), definition of prohibited product,\nparagraph (a) (ii); or\n(b) section 13 (1), definition of prohibited plastic product,\nparagraph (a) (i) or (ii).\n\nPart 3 Prohibited products\nDivision 3.3 Supply of declared products at public events\nSection 22\npage 16 Circular Economy Act 2023\nEffective: 16/11/25\nR3\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n22 Person must not supply declared product at public event\n(1) A person must not supply a declared product to another person at a\ndeclared public event.\nMaximum penalty: 50 penalty units.\n(2) An offence against this section is a strict liability offence.\n(3) In this section:\ndeclared product means a product the subject of a declaration made\nunder section 21 (1).\ndeclared public event means an event the subject of a declaration\nmade under section 21 (1).\n\nExemptions Part 4\nSection 23\nR3\n16/11/25\nCircular Economy Act 2023\nEffective: 16/11/25\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Exemptions\n23 Minister may disapply Act for person or prohibited\nproduct\n(1) The Minister may, on application or on the Minister’s own initiative,\ndeclare that a provision of this Act does not apply (with or without\nconditions) in relation to—\n(a) a person; or\n(b) a prohibited product.\n(2) An application must include any information prescribed by\nregulation.\n(3) The Minister may make a declaration in relation to a provision of this\nAct only if satisfied that—\n(a) for subsection (1) (a)—\n(i) it is not reasonably practicable or in the public interest for\nthe person to comply with the provision; or\n(ii) it is not consistent with the person’s human rights for the\nperson to comply with the provision; and\n(b) disapplication of the provision will not have any significant\nadverse effect on public health, property or the environment.\n(4) A declaration is a disallowable instrument.\n(5) A declaration may commence on a day earlier than its notification\nday.\n(6) A person commits an offence if—\n(a) a declaration subject to a condition applies to the person or a\nprohibited product; and\n\nPart 4 Exemptions\nSection 23\npage 18 Circular Economy Act 2023\nEffective: 16/11/25\nR3\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the person supplies a prohibited product in contravention of the\ncondition.\nMaximum penalty: 50 penalty units.\n(7) An offence against subsection (6) is a strict liability offence.\n\nEnforcement Part 5\nPreliminary Division 5.1\nSection 24\nR3\n16/11/25\nCircular Economy Act 2023\nEffective: 16/11/25\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Enforcement\nDivision 5.1 Preliminary\n24 Definitions—pt 5\nIn this part:\nauthorised person means—\n(a) a person appointed as an authorised person under section 25; or\n(b) a person appointed as an investigator under the Fair Trading\n(Australian Consumer Law) Act 1992, section 36; or\n(c) a public health officer authorised under the Public Health\nAct 1997, section 12A (2) as an authorised officer for the Food\nAct 2001 or a provision of that Act.\nconnected—a thing is connected with an offence if—\n(a) the offence has been committed in relation to it; or\n(b) it will provide evidence of the commission of the offence; or\n(c) it was used, is being used, or is intended to be used, to commit\nthe offence.\noccupier, of premises, includes—\n(a) a person an authorised person believes on reasonable grounds to\nbe an occupier of the premises; and\n(b) a person apparently in charge of the premises.\noffence includes an offence that there are reasonable grounds for\nbelieving has been, is being, or will be, committed.\n\nPart 5 Enforcement\nDivision 5.1 Preliminary\nSection 25\npage 20 Circular Economy Act 2023\nEffective: 16/11/25\nR3\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\npremises includes the following:\n(a) land (whether or not vacant);\n(b) any part of a building, tent, stall or other structure (whether of a\npermanent or temporary nature);\n(c) a vehicle.\nwarrant means a warrant issued under division 5.5.\n25 Appointment of authorised people\nThe director-general may appoint a public servant as an authorised\nperson for this Act.\nNote For laws about appointments, see the Legislation Act, pt 19.3.\n26 Identity cards\n(1) The director-general must give an authorised person an identity card\nthat—\n(a) states the authorised person’s name; and\n(b) states that the person is an authorised person; and\n(c) includes a recent photograph of the person; and\n(d) states the card’s date of issue and expiry; and\n(e) includes anything else prescribed by regulation.\n(2) A person must return their identity card to the director-general within\n7 days after the day the person stops being an authorised person.\nMaximum penalty: 1 penalty unit.\n(3) Subsection (2) does not apply to a person if their identity card is—\n(a) lost or stolen; or\n\nEnforcement Part 5\nExercise of powers generally Division 5.2\nSection 27\nR3\n16/11/25\nCircular Economy Act 2023\nEffective: 16/11/25\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) destroyed by someone else.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (3) (see Criminal Code, s 58).\n(4) An offence against this section is a strict liability offence.\nDivision 5.2 Exercise of powers generally\n27 Requirements before certain powers can be exercised\n(1) This section applies if an authorised person intends to exercise any of\nthe following powers:\n(a) giving a direction under section 29 (1) (Direction to give\ninformation);\n(b) giving a direction under section 30 (1) or (2) (Direction to give\nname and address);\n(c) entering premises under section 31 (1) (b) or (c) (Powers of\nauthorised person to enter premises);\n(d) giving a direction under section 34 (1) (e) (General powers on\nentry to premises).\n(2) Before exercising the power, the authorised person must—\n(a) either—\n(i) show their identity card to the affected person; or\n(ii) if the authorised person intends to exercise the power other\nthan in person—provide other evidence of the authorised\nperson’s identity to the affected person; and\n(b) tell the affected person the reason for exercising the power; and\n\nPart 5 Enforcement\nDivision 5.2 Exercise of powers generally\nSection 28\npage 22 Circular Economy Act 2023\nEffective: 16/11/25\nR3\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) tell the affected person about any relevant offence in relation to\nthe power.\nExamples—exercise of powers other than in person\n1 an authorised person emails a person giving them a direction to provide\ninformation\n2 an authorised person emails a person asking for consent to enter and search\nthe person’s premises using a remote-controlled surveillance device\n(3) The authorised person must ensure the matters mentioned in\nsubsection (2) are communicated in a way that the authorised person\nbelieves the affected person is likely to understand.\n(4) In this section:\naffected person, in relation to the exercise of a power under this part,\nmeans—\n(a) the individual affected by the exercise of the power; or\n(b) if the person is not an individual—an employee, officer or agent\nof the person affected by the exercise of the power.\nrelevant offence means an offence against—\n(a) for a direction under section 29 (1)—section 29 (2); or\n(b) for a direction under section 30 (1) or (2)—section 30 (3); or\n(c) for a direction under section 34 (1) (e)—section 34 (2).\n28 Privilege against self-incrimination does not apply\n(1) If an authorised person gives a person a direction to provide\ninformation, a document or other thing under this part, the person is\nnot excused from complying with the direction on the ground that\ndoing so may—\n(a) tend to incriminate the person; or\n(b) expose the person to a penalty.\n\nEnforcement Part 5\nPower to obtain information Division 5.3\nSection 29\nR3\n16/11/25\nCircular Economy Act 2023\nEffective: 16/11/25\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) However, any information, document or thing obtained, directly or\nindirectly, because of the person’s compliance with the direction is\nnot admissible in evidence against the person in a civil or criminal\nproceeding, other than a proceeding for an offence arising out of the\nfalse or misleading nature of the information, document or thing.\nDivision 5.3 Power to obtain information\n29 Direction to give information\n(1) An authorised person may, in writing, direct a relevant person to give\nthe authorised person information, a document or other thing within\na stated reasonable period if the information, document or thing is\nreasonably required by the authorised person for this Act.\nNote The Legislation Act, s 171 deals with the application of client legal\nprivilege.\n(2) A relevant person must take reasonable steps to comply with the\ndirection.\nMaximum penalty: 50 penalty units.\n(3) Subsection (2) does not apply to a relevant person unless the\nauthorised person—\n(a) complies with section 27 (Requirements before certain powers\ncan be exercised); and\n(b) explains the effect of section 28 (Privilege against\nself-incrimination does not apply).\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (3) (see Criminal Code, s 58).\n(4) In this section:\nbeverage—see section 11.\nplastic product—see section 11.\n\nPart 5 Enforcement\nDivision 5.3 Power to obtain information\nSection 30\npage 24 Circular Economy Act 2023\nEffective: 16/11/25\nR3\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nrelevant person means—\n(a) a person to whom a waste reduction requirement or waste\nprocessing requirement applies; or\n(b) a person who supplies food or beverages in the ACT; or\n(c) a person who supplies or manufactures plastic products in the\nACT; or\n(d) any other person prescribed by regulation.\nsupply, a prohibited product to a person—see section 15.\n30 Direction to give name and address\n(1) An authorised person may direct a person to state the person’s name\nand home address if the authorised person believes on reasonable\ngrounds that the person—\n(a) is involved in the commission of an offence against this Act; or\n(b) may be able to assist in the investigation of an offence against\nthis Act.\n(2) If the authorised person believes on reasonable grounds that\ninformation given in response to a direction under subsection (1) is\nfalse or misleading, the authorised person may direct the person to\nproduce evidence of the correctness of the information within a stated\nreasonable period.\n(3) A person must comply with a direction given to the person under this\nsection.\nMaximum penalty: 5 penalty units.\nNote It is an offence to make a false or misleading statement or give false or\nmisleading information (see Criminal Code, pt 3.4).\n(4) An offence against this section is a strict liability offence.\n\nEnforcement Part 5\nPower to enter premises Division 5.4\nSection 31\nR3\n16/11/25\nCircular Economy Act 2023\nEffective: 16/11/25\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(5) Subsection (3) does not apply to a person unless the authorised person\ncomplies with section 27 (Requirements before certain powers can be\nexercised).\nNote The defendant has an evidential burden in relation to the matter\nmentioned in s (5) (see Criminal Code, s 58).\nDivision 5.4 Power to enter premises\n31 Powers of authorised person to enter premises\n(1) For this Act, an authorised person may—\n(a) at any reasonable time, enter premises that the public is entitled\nto use or that are open to the public (whether or not on payment\nof money); or\n(b) at any time, enter premises with the occupier’s consent; or\n(c) at any time, enter premises if the authorised person believes on\nreasonable grounds that—\n(i) an offence against this Act is being, or is likely to be, or\nhas just been, committed at the premises; and\n(ii) the risk to the environment or public health resulting from\nthe offence is so serious and urgent that immediate entry to\nthe premises without the authority of a warrant is\nnecessary; or\n(d) enter premises in accordance with a warrant.\n(2) However, subsection (1) (a) or (c) do not authorise entry into a part\nof the premises that is being used only for residential purposes.\n(3) If an authorised person wants to ask for consent to enter a building or\nother structure on the premises, the authorised person may, without\nthe occupier’s consent, enter any land that forms part of the premises\nto ask for the consent.\n\nPart 5 Enforcement\nDivision 5.4 Power to enter premises\nSection 32\npage 26 Circular Economy Act 2023\nEffective: 16/11/25\nR3\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) To remove any doubt, an authorised person may enter premises under\nsubsection (1) without payment of an entry fee or other charge.\n(5) An authorised person may—\n(a) enter the premises with 1 or more people who, in the opinion of\nthe authorised person, have knowledge or skills that could assist\nthe authorised person to carry out their functions; and\n(b) if entering the premises in accordance with a warrant—also\nenter the premises with necessary force.\n32 Obtaining consent to entry\n(1) For section 31 (1) (b), an authorised person must—\n(a) before asking the occupier for consent—tell the occupier—\n(i) the purpose of the proposed entry; and\n(ii) the reason for, and identity of, any other person\naccompanying the authorised person; and\n(iii) that anything found and seized under this part may be used\nin evidence in court; and\n(iv) that consent may be refused; and\n(b) if the occupier consents to the entry—give the occupier a written\nrecord confirming—\n(i) the matters mentioned in paragraph (a); and\n(ii) that the occupier was told about those matters; and\n(iii) the date and time when the consent was given.\n(2) A court must find that the occupier did not consent if—\n(a) a question arises, in a proceeding in the court, whether the\noccupier consented to the authorised person entering the\npremises under this part; and\n\nEnforcement Part 5\nPower to enter premises Division 5.4\nSection 33\nR3\n16/11/25\nCircular Economy Act 2023\nEffective: 16/11/25\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) a record mentioned in subsection (1) (b) is not produced in\nevidence; and\n(c) it is not proved that the occupier consented to the entry.\n33 Consent to enter taken to be given if premises entered\nunder other Act\nAn occupier of premises is taken to have given consent under this\ndivision for an authorised person to enter the premises if—\n(a) the occupier consents to an authorised person entering the\npremises under the Fair Trading (Australian Consumer Law)\nAct 1992 or the Food Act 2001; and\n(b) before obtaining the occupier’s consent, the authorised person\ntold the occupier in writing that the authorised person intends to\nexercise a power under this division in relation to the premises.\n34 General powers on entry to premises\n(1) An authorised person who enters premises under this division may do\n1 or more of the following in relation to the premises or anything at\nthe premises:\n(a) examine anything;\n(b) take a measurement or conduct a test;\n(c) take a sample;\n(d) take images, make audio or video recordings or any other kind\nof record;\n(e) if reasonably required for an authorised person to exercise a\npower under this division, direct the occupier of the premises, or\nanyone at the premises, to do 1 or more of the following:\n(i) give information, a document or other thing (including\ninformation, document or thing that is not at the premises);\n\nPart 5 Enforcement\nDivision 5.5 Warrants\nSection 35\npage 28 Circular Economy Act 2023\nEffective: 16/11/25\nR3\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) produce a document or anything else (including a\ndocument or other thing that is not at the premises);\n(iii) answer a question;\n(iv) give the authorised person reasonable help to exercise a\npower under this part.\nNote The Legislation Act, s 171 deals with the application of client legal\nprivilege.\n(2) A person must take all reasonable steps to comply with a direction\ngiven under subsection (1) (e).\nMaximum penalty: 50 penalty units.\n(3) Subsection (2) does not apply in relation to a direction given to a\nperson under subsection (1) (e) (i), (ii) or (iii) unless, before giving\nthe direction, the authorised person—\n(a) complies with section 27 (Requirements before certain powers\ncan be exercised); and\n(b) explains the effect of section 28 (Privilege against\nself-incrimination does not apply) to the person.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (3) (see Criminal Code, s 58).\nDivision 5.5 Warrants\n35 Definitions—div 5.5\nIn this division:\nremote application—see section 36 (3).\nwarrant form—see section 39 (2).\nwarrant terms—see section 38 (2).\n\nEnforcement Part 5\nWarrants Division 5.5\nSection 36\nR3\n16/11/25\nCircular Economy Act 2023\nEffective: 16/11/25\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n36 Application for warrant\n(1) An authorised person may apply to a magistrate for a warrant to enter\npremises.\n(2) The application must—\n(a) be sworn; and\n(b) state the grounds on which the warrant is sought.\n(3) However, if the authorised person considers it necessary because of\nurgent or other special circumstances, the authorised person may\nmake an application (a remote application) by—\n(a) preparing a written application stating the grounds on which a\nwarrant is sought; and\n(b) applying to the magistrate for the warrant other than in person\nbefore the written application is sworn.\n37 Magistrate may refuse to consider application for warrant\nuntil authorised person gives relevant information\nThe magistrate may refuse to consider an application for a warrant\nmade under section 36 until the authorised person gives the\nmagistrate all the information the magistrate requires about the\napplication in the way the magistrate requires.\n38 Decision on application for warrant\n(1) If an application for a warrant is made under section 36, the\nmagistrate may issue the warrant only if satisfied there are reasonable\ngrounds for suspecting—\n(a) there is a particular thing or activity connected with an offence\nagainst this Act; and\n(b) the thing or activity—\n(i) is, or is being engaged in, at the premises; or\n\nPart 5 Enforcement\nDivision 5.5 Warrants\nSection 39\npage 30 Circular Economy Act 2023\nEffective: 16/11/25\nR3\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) may be, or may be engaged in, at the premises within the\nnext 14 days.\n(2) The warrant must include the following information (the warrant\nterms):\n(a) a statement that an authorised person may, with any necessary\nassistance and force, enter the premises and exercise the\nauthorised person’s powers under this part;\n(b) details of the offence for which the warrant is issued;\n(c) the things that may be seized under the warrant;\n(d) the hours when the premises may be entered;\n(e) the date, within 14 days after the day of the warrant’s issue,\nwhen the warrant ends.\n39 Warrant issued on remote application\n(1) A magistrate may issue a warrant on a remote application by—\n(a) immediately giving a written copy of the warrant to the\nauthorised person if it is practicable to do so; or\n(b) if it is not practicable to do so—tell the authorised person the\nfollowing:\n(i) the warrant terms;\n(ii) the date and time the warrant was issued.\n(2) If the magistrate issues a warrant under subsection (1) (b), the\nauthorised person must complete a form of warrant (the warrant\nform) stating—\n(a) the magistrate’s name; and\n(b) the date and time the magistrate issued the warrant; and\n(c) the warrant terms.\n\nEnforcement Part 5\nWarrants Division 5.5\nSection 40\nR3\n16/11/25\nCircular Economy Act 2023\nEffective: 16/11/25\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) The written copy of the warrant, or the warrant form properly\ncompleted by the authorised person, authorises the entry and the\nexercise of the authorised person’s powers under this division.\n(4) The authorised person must, as soon as is reasonably practicable—\n(a) swear the remote application; and\n(b) give the magistrate—\n(i) the sworn application; and\n(ii) if the authorised person completed a warrant form—the\nwarrant form.\n(5) On receiving the documents mentioned in subsection (4) (b), the\nmagistrate must attach them to the warrant.\n(6) A court must find that a power exercised by an authorised person was\nnot authorised by a warrant under this section if—\n(a) a question arises in a proceeding before the court whether the\nexercise of the power was authorised by a warrant; and\n(b) the warrant is not produced in evidence; and\n(c) it is not proved that the exercise of the power was authorised by\na warrant under this section.\n40 Announcement before entry under warrant\n(1) Before anyone enters premises under a warrant, an authorised person\nmust—\n(a) announce that the authorised person is authorised to enter the\npremises; and\n(b) give anyone at the premises an opportunity to allow entry to the\npremises; and\n(c) if the occupier of the premises is present at the premises—\nidentify themself to the person.\n\nPart 5 Enforcement\nDivision 5.5 Warrants\nSection 41\npage 32 Circular Economy Act 2023\nEffective: 16/11/25\nR3\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The authorised person is not required to comply with subsection (1)\nif the authorised person believes on reasonable grounds that\nimmediate entry to the premises is required to ensure—\n(a) the safety of anyone (including the authorised person or any\nperson assisting the authorised person); or\n(b) that the effective execution of the warrant is not frustrated.\n41 Warrant etc to be given to occupier\nIf the occupier of premises is present at the premises while a warrant\nis being executed, the authorised person must give to the person—\n(a) a copy of—\n(i) the warrant; or\n(ii) if section 39 (1) (b) applies—the warrant form; and\n(b) a document setting out the rights and obligations of the person.\n42 Occupier entitled to watch search etc\n(1) If the occupier of premises is present at the premises while a warrant\nis being executed, the person is entitled to watch the authorised\nperson, and any person assisting the authorised person, conduct any\nsearch and exercise any other power authorised by the warrant.\n(2) However, the person is not entitled to watch the authorised person or\na person assisting the authorised person, exercise their powers if—\n(a) to do so would interfere with the powers being exercised; or\n(b) the person is under arrest, and allowing the person to watch the\npowers being exercised would interfere with the objective of the\nwarrant.\n(3) This section does not prevent an authorised officer exercising powers\nunder this part in 2 or more areas of the premises at the same time.\n\nEnforcement Part 5\nPower to seize things Division 5.6\nSection 43\nR3\n16/11/25\nCircular Economy Act 2023\nEffective: 16/11/25\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 5.6 Power to seize things\n43 Authorised person may seize things at premises\n(1) An authorised person who enters premises under this part—\n(a) may seize anything at the premises if satisfied on reasonable\ngrounds that—\n(i) the thing is connected with an offence against this Act; and\n(ii) the seizure is necessary to prevent the thing from being—\n(A) concealed, lost or destroyed; or\n(B) used to commit, continue or repeat the offence; and\n(b) if the premises were entered with the occupier’s consent—may\nalso seize anything at the premises if seizure of the thing is\nconsistent with the purpose of the entry told to the occupier\nwhen seeking the occupier’s consent; and\n(c) if the premises were entered under a warrant—may also seize\nanything at the premises that the authorised person is authorised\nto seize under the warrant.\n(2) Having seized a thing, the authorised person may—\n(a) remove the thing from the premises where it was seized to\nanother place; or\n(b) leave the thing at the premises where it is seized and restrict\naccess to it.\nNote If an authorised person seizes a thing, the authorised person must give a\nreceipt for it to the person from whom it was seized (see s 47).\n(3) If access to a seized thing is restricted under subsection (2) (b), the\nauthorised person must secure, in a conspicuous place at the premises,\na notice identifying that the thing is seized.\n\nPart 5 Enforcement\nDivision 5.6 Power to seize things\nSection 44\npage 34 Circular Economy Act 2023\nEffective: 16/11/25\nR3\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n44 Moving things to another place for examination or\nprocessing under warrant\n(1) A thing found at premises entered under a warrant may be moved to\nanother place for examination or processing to decide whether it may\nbe seized under the warrant if—\n(a) both of the following apply:\n(i) there are reasonable grounds for believing that the thing is\nor contains something to which the warrant relates;\n(ii) it is significantly more practicable to do so taking into\naccount the timeliness and cost of examining or processing\nthe thing at another place and the availability of expert\nassistance; or\n(b) the occupier of the premises agrees in writing.\n(2) The thing may be moved to another place for examination or\nprocessing for not longer than 72 hours.\n(3) An authorised person may apply to a magistrate for an extension of\ntime if the authorised person believes on reasonable grounds that the\nthing cannot be examined or processed within 72 hours.\n(4) The authorised person must give notice of the application to the\noccupier of the premises, and the occupier is entitled to be heard on\nthe application.\n(5) If a thing is moved to another place under this section, the authorised\nperson must, if practicable—\n(a) tell the person from whom the thing was seized the address of\nthe place where, and time when, the examination or processing\nwill be carried out; and\n(b) allow the person from whom the thing was seized or their\nrepresentative to be present during the examination or\nprocessing.\n\nEnforcement Part 5\nPower to seize things Division 5.6\nSection 45\nR3\n16/11/25\nCircular Economy Act 2023\nEffective: 16/11/25\npage 35\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(6) The provisions of this part relating to the issue of warrants apply, with\nany necessary changes, to the giving of an extension under\nsubsection (3).\n45 Owner etc may access seized things\nA person who would, apart from the seizure, be entitled to inspect a\nthing seized under this division may—\n(a) inspect the thing; and\n(b) make a visual recording of the thing; and\n(c) if the thing is a document—take extracts from, or make copies\nof, the thing.\n46 Person must not interfere with seized things\n(1) A person commits an offence if—\n(a) a thing has been seized under this division; and\n(b) the person interferes with the thing, or anything containing the\nthing; and\n(c) the person does not have the approval of an authorised person to\ninterfere with the thing.\nMaximum penalty: 50 penalty units.\n(2) An offence against this section is a strict liability offence.\n47 Authorised person must give receipt for seized things\n(1) If an authorised person seizes a thing under this division, the\nauthorised person must—\n(a) as soon as practicable after seizing the thing, give the person\nfrom whom the thing was seized a receipt for the thing; or\n\nPart 5 Enforcement\nDivision 5.6 Power to seize things\nSection 48\npage 36 Circular Economy Act 2023\nEffective: 16/11/25\nR3\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) if complying with paragraph (a) is not practicable—secure a\nreceipt for the thing in a conspicuous place at the premises where\nthe thing was seized.\n(2) A receipt must include the following information:\n(a) a description of the thing seized;\n(b) the reasons why the thing was seized;\n(c) the authorised person’s name, and how the authorised person\ncan be contacted;\n(d) if the thing is moved from the premises where it was seized—\nwhere the thing will be taken.\n48 Return of seized things\n(1) A thing seized under this division must be returned to its owner, or\nreasonable compensation must be paid to the owner by the Territory\nfor the loss of the thing, if—\n(a) an infringement notice for an offence connected with the thing\nis not served on the owner within 1 year after the day of the\nseizure and either—\n(i) a prosecution for an offence connected with the thing is not\nstarted within the 1-year period; or\n(ii) a prosecution for an offence connected with the thing is\nstarted within the 1-year period but the person is not\nconvicted or found guilty; or\n(b) an infringement notice for an offence connected with the thing\nis served on the owner within 1 year after the day of the seizure\nand—\n(i) the infringement notice is withdrawn; and\n\nEnforcement Part 5\nPower to seize things Division 5.6\nSection 48\nR3\n16/11/25\nCircular Economy Act 2023\nEffective: 16/11/25\npage 37\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) either—\n(A) a prosecution for an offence connected with the thing\nis not started within 1 year after the day of the seizure;\nor\n(B) a prosecution for an offence connected with the thing\nis started within 1 year after the day of the seizure but\nthe person is not convicted or found guilty; or\n(c) an infringement notice for an offence connected with the thing\nis served on the owner within 1 year after the day of the seizure\nand—\n(i) the owner gives notice disputing liability for the offence in\naccordance with the Magistrates Court Act 1930,\nsection 132 (Disputing liability for infringement notice\noffence); and\n(ii) either—\n(A) an information is not laid in the Magistrates Court\nagainst the person for the offence within 60 days after\nthe day the notice is given; or\n(B) an information is laid in the Magistrates Court against\nthe person for the offence within 60 days after the day\nthe notice is given but the person is not convicted or\nfound guilty.\n(2) However, subsection (1) does not apply if—\n(a) the thing seized is a prohibited product; or\n(b) a prosecution for an offence connected with the thing is started\nwithin 1 year after the day the thing is seized and—\n(i) the thing is required to be produced in evidence in the\nprosecution; and\n\nPart 5 Enforcement\nDivision 5.6 Power to seize things\nSection 49\npage 38 Circular Economy Act 2023\nEffective: 16/11/25\nR3\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) the prosecution (including any appeal) has not been\nfinalised; and\n(iii) for subsection (1) (c) (ii) (B)—the proceeding is\ndiscontinued under the Magistrates Court Act 1930,\nsection 134 (3); or\n(c) a court has made an order under a territory law that the thing is\nforfeited to the Territory or must be otherwise dealt with.\n(3) If anything seized under this division is not required to be returned or\nreasonable compensation is not required to be paid under subsection\n(1), the thing—\n(a) is forfeited to the Territory; and\n(b) the director-general may direct that the thing be sold, destroyed\nor otherwise disposed of.\n(4) In this section:\nprohibited product—see section 12 (1).\n49 Order disallowing seizure\n(1) If a thing is seized under this division, a person claiming to be entitled\nto the thing may apply to the Magistrates Court for an order\ndisallowing the seizure.\n(2) The application—\n(a) must be made not later than 10 days after the day the thing is\nseized; and\n(b) must not be heard unless the applicant has served a copy of the\napplication on the director-general.\n(3) The director-general is entitled to appear as a respondent at the\nhearing of the application.\n\nEnforcement Part 5\nMiscellaneous Division 5.7\nSection 50\nR3\n16/11/25\nCircular Economy Act 2023\nEffective: 16/11/25\npage 39\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) The court must make an order disallowing the seizure of the thing if\nsatisfied that—\n(a) the applicant would, apart from the seizure, be entitled to the\nreturn of the seized thing; and\n(b) the thing is not connected with an offence against this Act; and\n(c) possession of the thing by the person would not be an offence.\n(5) The court may also make an order disallowing the seizure if satisfied\nthere are exceptional circumstances justifying the making of the\norder.\n(6) If the court makes an order disallowing the seizure, the court may\nmake 1 or more of the following ancillary orders:\n(a) an order directing the director-general to return the thing to the\napplicant or to someone else who appears to be entitled to it;\n(b) if the thing cannot be returned or has depreciated in value\nbecause of the disallowed seizure—an order directing the\nTerritory to pay reasonable compensation;\n(c) an order about costs in relation to the application.\nDivision 5.7 Miscellaneous\n50 Damage etc to be minimised\n(1) In the exercise, or purported exercise, of a function under this part, an\nauthorised person must take all reasonable steps to ensure that the\nauthorised person, and any person assisting the authorised person,\ncauses as little inconvenience, detriment and damage as is practicable.\n(2) If an authorised person, or a person assisting an authorised person,\ndamages anything in the exercise or purported exercise of a function\nunder this part, the authorised person must give written notice of the\nparticulars of the damage to the person whom the authorised person\nbelieves on reasonable grounds is the owner of the thing.\n\nPart 5 Enforcement\nDivision 5.7 Miscellaneous\nSection 51\npage 40 Circular Economy Act 2023\nEffective: 16/11/25\nR3\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) If the damage happens at premises entered under this part in the\nabsence of the occupier, the notice may be given by leaving it secured\nin a conspicuous place at the premises.\n51 Compensation for exercise of enforcement powers\n(1) A person may claim compensation from the Territory if the person\nsuffers loss or expense because of the exercise, or purported exercise,\nof a function under this part by—\n(a) an authorised person; or\n(b) a person assisting an authorised person.\n(2) Compensation may be claimed and ordered in a proceeding for—\n(a) compensation brought in a court of competent jurisdiction; or\n(b) an offence against this Act brought against the person making\nthe claim for compensation.\n(3) A court may order the payment of reasonable compensation for the\nloss or expense only if satisfied it is just to make the order in the\ncircumstances of the particular case.\n(4) A regulation may prescribe matters that may, must or must not be\ntaken into account by the court in considering whether it is just to\nmake the order.\n\nReviewable decisions Part 6\nSection 52\nR3\n16/11/25\nCircular Economy Act 2023\nEffective: 16/11/25\npage 41\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 6 Reviewable decisions\n52 Definitions—pt 6\n(1) In this part:\naffected person means a person given a notice to dispose of a\nprohibited product under section 19 (2).\nreviewable decision means a decision under section 19 (2) to give an\naffected person a notice requiring the affected person to dispose of a\nprohibited product.\n(2) In this section:\nprohibited product—see section 12 (1).\n53 Reviewable decision notices\nIf an authorised person makes a reviewable decision, the person must\ngive a reviewable decision notice to the affected person in relation to\nthe decision.\nNote 1 The person must also take reasonable steps to give a reviewable decision\nnotice to any other person whose interests are affected by the decision\n(see ACT Civil and Administrative Tribunal Act 2008, s 67A).\nNote 2 The requirements for reviewable decision notices are prescribed under\nthe ACT Civil and Administrative Tribunal Act 2008.\n54 Applications for review\nThe following people may apply to the ACAT for review of a\nreviewable decision:\n(a) the affected person;\n(b) any other person whose interests are affected by the decision.\n\nPart 7 Miscellaneous\nSection 55\npage 42 Circular Economy Act 2023\nEffective: 16/11/25\nR3\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 7 Miscellaneous\n55 Applying, adopting or incorporating documents in\nregulation and instruments\n(1) A regulation or instrument may apply, adopt or incorporate (with or\nwithout change or modification)—\n(a) a law or an Australian Standard as in force from time to time; or\n(b) another instrument as in force from time to time.\n(2) The Legislation Act, section 47 (5) and (6) do not apply to a document\napplied, adopted or incorporated under subsection (1).\n(3) The director-general must ensure that an instrument that is applied,\nadopted or incorporated under subsection (1) is—\n(a) available for inspection by anyone without charge during\nordinary business hours at an ACT government office; or\n(b) accessible on an ACT government website, or by a link on an\nACT government website.\n(4) An instrument that is applied, adopted or incorporated under\nsubsection (1) is not enforceable by or against the Territory or anyone\nelse unless it is made accessible in accordance with subsection (3).\n56 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) A regulation may create offences and fix maximum penalties of not\nmore than 50 penalty units for the offences.\n\nDictionary\nR3\n16/11/25\nCircular Economy Act 2023\nEffective: 16/11/25\npage 43\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\nNote The Legislation Act contains definitions relevant to this Act.\nFor example:\n• magistrate\n• Minister (see s 162)\n• public notice\n• the Territory.\naffected person, for part 6 (Reviewable decisions)—see section 52.\nauthorised person, for part 5 (Enforcement)—see section 24.\nbeverage, for part 3 (Prohibited products)—see section 11.\nbusiness, for part 2 (Waste reduction measures)—see section 7.\nconnected, for part 5 (Enforcement)—see section 24.\noccupier, of premises, for part 5 (Enforcement)—see section 24.\noffence, for part 5 (Enforcement)—see section 24.\nplastic means material made from, or containing, organic polymers\nfrom plant extracts or fossil fuels.\nplastic product, for part 3 (Prohibited products)—see section 11.\npremises, for part 5 (Enforcement)—see section 24.\nprohibited plastic product, for part 3 (Prohibited products)—see\nsection 13 (1).\nprohibited product, for part 3 (Prohibited products)—see\nsection 12 (1).\nremote application, for division 5.5 (Warrants)—see section 36 (3).\nreviewable decision, for part 6 (Reviewable decisions)—see\nsection 52.\nsingle-use, in relation to a plastic product, for part 3 (Prohibited\nproducts)—see section 14 (1).\n\nDictionary\npage 44 Circular Economy Act 2023\nEffective: 16/11/25\nR3\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nsupply, a prohibited product to a person, for part 3 (Prohibited\nproducts)—see section 15.\nwarrant, for part 5 (Enforcement)—see section 24.\nwarrant form, for division 5.5 (Warrants)—see section 39 (2).\nwarrant terms, for division 5.5 (Warrants)—see section 38 (2).\nwaste—see the Waste Management and Resource Recovery Act 2016,\nsection 10.\nwaste processing requirement—see section 9\nwaste reduction requirement—see section 8.\n\nEndnotes\nAbout the endnotes 1\nR3\n16/11/25\nCircular Economy Act 2023\nEffective: 16/11/25\npage 45\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\n3 Legislation history\npage 46 Circular Economy Act 2023\nEffective: 16/11/25\nR3\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nCircular Economy Act 2023 A2023-39\nnotified LR 8 November 2023\ns 1, s 2 commenced 8 November 2023 (LA s 75 (1))\nremainder commenced 9 November 2023 (s 2)\nas amended by\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.15\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.15 commenced 16 November 2025 (s 2 (1))\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\nApplying, adopting or incorporating documents in regulation and\ninstruments\ns 55 hdg sub A2025-29 amdt 3.46\ns 55 am A2025-29 amdts 3.47-3.51; pars renum R3 LA\nRepeals\npt 8 hdg om LA s 89 (3)\nLegislation repealed\ns 57 om LA s 89 (3)\nTransitional\npt 9 hdg exp 9 November 2023 (s 61)\nMeaning of commencement day—pt 9\ns 58 exp 9 November 2023 (s 61)\nDisapplication of s 16 (1) requirements for certain regulations\ns 59 exp 9 November 2023 (s 61)\nDisapplication of s 21 (2) requirements for certain declarations\ns 60 exp 9 November 2023 (s 61)\nExpiry—pt 9\ns 61 exp 9 November 2023 (s 61)\n\nEndnotes\nEarlier republications 5\nR3\n16/11/25\nCircular Economy Act 2023\nEffective: 16/11/25\npage 47\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n9 Nov 2023\n9 Nov 2023–\n9 Nov 2023\nnot amended new Act\nR2\n10 Nov 2023\n10 Nov 2023–\n15 Nov 2025\nnot amended expiry of\ntransitional\nprovisions (pt 9)\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.\n© Australian Capital Territory 2025","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Amendments noted in the endnotes (A2025-29; see endnotes 3–4) altered the Act’s provisions on applying/adopting external documents (s 55 hdg and s 55 amendments). The change broadens use of instruments and standards as \"in force from time to time\" and adds accessibility requirements (s 55(1), (3)–(4)). The republished history also records editorial and transitional adjustments but no new core prohibitions are added in the text shown."},"complexity_factors":["Broad delegation to regulation (s 8–9, s 12–13, s 56) enabling many technical rules to be made outside the Act","Detailed enforcement regime with coercive powers: directions, compelled information, entry without warrant in urgent cases, remote warrants, seizure and removal (ss 27–31, 36–44, 43–48)","Strict liability offences for supply and certain failures to comply (ss 17, 19, 22, 46)","Administrative discretion for exemptions and disapplication vested in the Minister (s 23) and instrument disallowance (s 23(4))","Statutory consultation requirements before prescribing waste or prohibited products (ss 10, 16) adding procedural steps","Incorporation of external standards and documents as in force from time to time, with access and enforceability conditions (s 55)","Multiple review and redress paths: reviewable decision notices and ACAT review for disposal notices (ss 19, 52–54); Magistrates Court remedies for seized things (ss 48–49)","Operational obligations on authorised officers and director‑general (appointments, ID, minimising damage, compensation) creating administrative compliance layers (ss 25–26, 50–51)"],"plain_english_summary":"This Act allows the ACT Government to require businesses to prepare waste‑reduction plans, sort or dispose of waste in specified ways (ss 8–9), and to ban prescribed products — especially single‑use or non‑compostable plastics — by regulation (ss 12–13, 17). It creates offences, penalties and enforcement powers including notices, removal, seizure, entry and warrants (ss 19–20, 31–44).\n\nBusinesses and suppliers pay compliance, record‑keeping and disposal costs and face penalties for breaches (ss 8–10, 17–20). The Minister and Executive make regulations, declare event bans and may grant exemptions; authorised officers can compel information and enter premises to enforce the Act (ss 16, 21, 23, 25, 29–31)."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent as expressed in the long title ('to reduce waste and promote a circular economy') and objects clause (section 6). The framework approach — setting up structures for future product bans and business requirements — was clearly the intended mechanism from inception. The 2025 amendments (A2025-29) appear to be technical/editorial changes (updating section 55 heading and provisions about incorporating documents) rather than substantive expansions of scope. The transitional provisions (Part 9) expired as scheduled, which was expected."},"complexity_factors":["Framework legislation with heavy reliance on regulations: Most substantive prohibitions and requirements are delegated to future regulations (sections 8, 9, 12, 13, 21), making the full legal effect impossible to assess from the Act alone.","Nested definitions and signposting: Key terms like 'prohibited product' and 'prohibited plastic product' are defined through multi-layered cross-references (sections 11-15), with exceptions built into definitions (e.g., 'integrated packaging item' exception at section 13).","Multiple overlapping enforcement mechanisms: Part 5 incorporates authorised persons from three different Acts (section 24), creates complex warrant procedures including remote applications (division 5.5), and includes detailed seizure and return protocols with 1-year limitation periods and multiple exceptions (section 48).","Conditional consultation requirements: Sections 10 and 16 impose mandatory pre-regulation consultation with specific timeframes (12 weeks), creating procedural complexity for delegated legislation.","Incorporation of external standards: The Act incorporates Australian Standards AS 4736-2006 and AS 5810-2010 by reference for determining compostability (section 13), requiring access to external documents to interpret compliance.","Privilege and self-incrimination provisions: Section 28 creates a complex evidentiary regime where compliance with information directions cannot be used against the person, except for false/misleading information offences.","Review and exemption pathways: Part 4 allows Ministerial exemptions with human rights and public interest tests (section 23), while Part 6 provides ACAT review for specific decisions, creating multiple administrative law pathways."],"plain_english_summary":"The Circular Economy Act 2023 creates a framework to reduce waste and shift to a circular economy by empowering the government to set business waste rules, ban problematic products (notably single‑use and some degradable plastics), and enforce compliance with inspection, seizure and penalty powers. It affects businesses, suppliers, event organisers and consumers and matters because it gives broad regulatory authority to phase out plastics and cut landfill, with the precise bans and obligations to be detailed in future regulations."}},"importantCases":[],"_links":{"self":"/api/acts/circular-economy-act-2023","history":"/api/acts/circular-economy-act-2023/history","analysis":"/api/acts/circular-economy-act-2023/analysis","conflicts":"/api/acts/circular-economy-act-2023/conflicts","importantCases":"/api/acts/circular-economy-act-2023/important-cases","documents":"/api/acts/circular-economy-act-2023/documents"}}