{"id":"sl-2023-27","name":"Circular Economy Regulation 2023","slug":"circular-economy-regulation-2023","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"27 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173276,"registerId":"act-sl-2023-27-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Circular Economy Regulation 2023","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nCircular Economy Regulation 2023\nSL2023-27\nmade under the\nCircular Economy Act 2023\nRepublication No 2\nEffective: 1 January 2024\nRepublication date: 1 January 2024\nLast amendment made by SL2023-27\n(republication for commenced provisions and\namendments by SL2023-27)\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 Regulation 2023, made under the Circular\nEconomy Act 2023 (including any amendment made under the Legislation Act 2001, part 11.3\n(Editorial changes)) as in force on 1 January 2024. It also includes any commencement,\namendment, repeal or expiry affecting this republished law to 1 January 2024.\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 does not include 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\nR2\n01/01/24\nCircular Economy Regulation 2023\nEffective: 01/01/24\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nCircular Economy Regulation 2023\nmade under the\nCircular Economy Act 2023\nContents\nPage\nPart 1 Preliminary\n1 Name of regulation 2\n3 Notes 2\nPart 2 Prohibited products\n4 Prescribed single-use plastic product—Act, s 13 (1), def prohibited\nplastic product, par (a) (i) 3\n5 Prescribed non-compostable degradable plastic product—Act,\ns 13 (1), def prohibited plastic product, par (a) (ii) 5\nEndnotes\n1 About the endnotes 6\n\nContents\nPage\ncontents 2 Circular Economy Regulation 2023\nEffective: 01/01/24\nR2\n01/01/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n2 Abbreviation key 6\n3 Legislation history 7\n4 Amendment history 7\n5 Earlier republications 8\n\nR2\n01/01/24\nCircular Economy Regulation 2023\nEffective: 01/01/24\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nCircular Economy Regulation 2023\nmade under the\nCircular Economy Act 2023\n\nPart 1 Preliminary\nSection 1\npage 2 Circular Economy Regulation 2023\nEffective: 01/01/24\nR2\n01/01/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of regulation\nThis regulation is the Circular Economy Regulation 2023.\n3 Notes\nA note included in this regulation is explanatory and is not part of this\nregulation.\n\nProhibited products Part 2\nSection 4\nR2\n01/01/24\nCircular Economy Regulation 2023\nEffective: 01/01/24\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Prohibited products\n4 Prescribed single-use plastic product—Act, s 13 (1),\ndef prohibited plastic product, par (a) (i)\n(1) The following are prescribed:\n(a) a single-use expanded polystyrene container for serving food or\na beverage;\n(b) a single-use expanded polystyrene tray used for packaging\nperishable food for retail sale;\n(c) single-use expanded polystyrene loose-fill packaging;\nExample\npacking peanuts used to protect products during transportation\n(d) a single-use plastic plate;\n(e) a single-use plastic bowl, other than a bowl designed or intended\nto have a spill-proof lid;\n(f) a single-use plastic beverage stirrer;\n(g) single-use plastic cutlery;\n(h) a single-use plastic shopping bag;\n(i) a single-use plastic drinking straw;\n(j) a cotton bud with a single-use plastic stick or stem;\n(k) single-use plastic microbeads contained in a rinse-off product.\nNote Subsection (1) does not apply to a single-use plastic product that is an\nintegrated packaging item, eg a straw attached to a juice box (see Act,\ns 13 (1), def prohibited plastic product, par (b)).\n\nPart 2 Prohibited products\nSection 4\npage 4 Circular Economy Regulation 2023\nEffective: 01/01/24\nR2\n01/01/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) In this section:\nbarrier bag means a bag used to carry unpackaged perishable food,\nincluding fruit, vegetables, meat and fish.\ncutlery means utensils used for consuming food and includes a spork,\nsplade and chopsticks.\nplastic microbead means a plastic particle less than 5mm wide.\nplastic retail carry bag means a bag with handles that is—\n(a) made, in whole or in part, of plastic; and\n(b) used for carrying goods purchased from a retailer.\nExample—made partly of plastic\na bag made of plastic-laminated paper or cardboard\nrinse-off product means a liquid product that is—\n(a) used for cleaning or personal care; and\n(b) designed or intended to be rinsed off immediately or shortly\nafter use.\nExamples—rinse-off product\n1 shampoo and conditioner\n2 face masks and face wash, including exfoliants\n3 hair dye, whether permanent, semi-permanent or otherwise\n4 toothpaste\n5 body wash products, including exfoliants\nsingle-use plastic shopping bag—\n(a) means—\n(i) a bag that is made, in whole or in part, of polyethylene with\na thickness of less than 35 microns; or\n(ii) a plastic retail carry bag; but\n\nProhibited products Part 2\nSection 5\nR2\n01/01/24\nCircular Economy Regulation 2023\nEffective: 01/01/24\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) does not include—\n(i) a barrier bag; or\n(ii) a compostable plastic bag; or\n(iii) an unsealed bag that is the packaging in which perishable\nfood is offered for sale; or\n(iv) a carry bag that is made, in whole or in part, of 1 or more\nof the following fabrics:\n(A) nylon;\n(B) polyester;\n(C) woven polypropylene;\n(D) non-woven polypropylene if the bag has sewn, rather\nthan heat-welded, seams and the fabric has a\nminimum weight of 90g/m2 measured as a single\nlayer of fabric.\n5 Prescribed non-compostable degradable plastic\nproduct—Act, s 13 (1), def prohibited plastic product,\npar (a) (ii)\n(1) A product made of oxo-degradable plastic is prescribed.\n(2) In this section:\nnon-compostable—see the Act, section 13 (2).\noxo-degradable plastic means a plastic that contains 1 or more\nadditives to accelerate fragmentation.\n\nEndnotes\n1 About the endnotes\npage 6 Circular Economy Regulation 2023\nEffective: 01/01/24\nR2\n01/01/24\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\nLegislation history 3\nR2\n01/01/24\nCircular Economy Regulation 2023\nEffective: 01/01/24\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nCircular Economy Regulation 2023 SL2023-27\nnotified LR 9 November 2023\ns 1, s 2 commenced 9 November 2023 (LA s 75 (1))\npt 3, sch 1 commenced 1 January 2024 (s 2 (2))\nremainder commenced 10 November 2023 (LA s 73 (3))\n4 Amendment history\nCommencement\ns 2 om R2 (LA s 89 (4))\nPrescribed single-use plastic product—Act, s 13 (1), def prohibited plastic\nproduct, par (a) (i)\ns 4 am SL2023-27 amdt 1.1, amdt 1.2\nAmendments\npt 3 hdg om R2 (LA s 89 (3))\nLegislation amended—sch 1\ns 6 om R2 (LA s 89 (3))\nCircular Economy Regulation 2023—Amendments\nsch 1 om R2 (LA s 89 (3))\n\nEndnotes\n5 Earlier republications\npage 8 Circular Economy Regulation 2023\nEffective: 01/01/24\nR2\n01/01/24\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\n10 Nov 2023\n10 Nov 2023–\n31 Dec 2023\nnot amended new regulation\n© Australian Capital Territory 2024","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulation implements the Circular Economy Act by naming specific products as prohibited (primarily via s 4 and s 5). There is no textual indication within this republication that the regulation broadens or narrows the Act’s original remit; it operationalises the Act by listing items and exclusions. Who pays: suppliers, manufacturers and retailers of the listed items are affected because the items are prescribed as prohibited plastic products (s 4(1); s 5(1)). Who decides: the regulation itself prescribes the items and exceptions (s 4, s 5). Behaviour change required: stop supplying or substitute listed items, and ensure products meet material/measurement rules (eg bag thickness, fabric weight, microbead size) (s 4(2)). Compliance burden: businesses must classify products against defined criteria and exceptions (s 4(1) note; s 4(2)), and for oxo‑degradable plastics must assess additives (s 5(1)). Discretion: the instrument is prescriptive; enforcement mechanisms and penalties are governed by the Act and the republication’s penalty‑unit values (endnotes)."},"complexity_factors":["Prescriptive enumerated list of prohibited single‑use items (s 4(1)) increases clarity but requires item‑by‑item compliance.","Multiple technical definitions and numerical thresholds: single‑use plastic shopping bag definitions and thickness (35 microns), fabric weight (90 g/m2), and plastic microbead size (<5 mm) (s 4(2)).","Several express exclusions and exceptions (integrated packaging, barrier bags, compostable bags, unsealed perishable food packaging, specified fabric bags) that require factual/legal classification (s 4(1) note; s 4(2)).","Cross‑reference to the Act for key terms (eg non‑compostable—see Act s 13(2)) and to the Act’s definition of a prohibited plastic product (headings referencing Act, s 13(1)).","A separate prescription for oxo‑degradable plastic (s 5(1)) that hinges on additive presence rather than form, creating a different compliance test.","Timing and commencement details, editorial republication material and penalty‑unit values in the endnotes introduce administrative/temporal interpretive work."],"plain_english_summary":"This regulation specifies which plastic items are treated as \"prohibited plastic products\" under the Circular Economy Act 2023. It lists particular single‑use expanded polystyrene items and a range of single‑use plastic goods (bags, cutlery, straws, etc.), and declares oxo‑degradable plastics as non‑compostable degradable plastics. Businesses that make, supply or sell these listed items will need to change practices to comply with the material, thickness and composition rules in the regulation."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulation appears to be operating as originally intended - implementing specific product bans under the parent Circular Economy Act 2023. The amendment history shows only minor editorial changes and removal of transitional provisions (Part 3) that were no longer needed after commencement, rather than expansion of scope."},"complexity_factors":["Short document (8 pages total, 2 substantive sections)","Minimal cross-referencing (only references to parent Act definitions)","Straightforward list-based prohibitions in section 4","Some definitional complexity in subsection 4(2) with nested exceptions (e.g., shopping bag definition excludes barrier bags, compostable bags, and specific fabric types)","Technical specifications (35 micron thickness limit, 90g/m2 fabric weight) require measurement but are clearly stated","Only 7 defined terms in section 4(2) and 2 in section 5(2)"],"plain_english_summary":"This regulation bans specific single-use plastic items in the ACT to reduce waste and encourage reusable alternatives. It lists prohibited items including expanded polystyrene food containers, plastic plates and bowls (except spill-proof ones), plastic cutlery, stirrers, shopping bags, straws, cotton buds with plastic stems, and microbeads in rinse-off products like shampoo. It also bans oxo-degradable plastics (plastics with additives that make them break into tiny pieces rather than truly biodegrade). The regulation affects retailers, food businesses, and manufacturers selling these products in the ACT. There are exceptions for items like compostable bags, barrier bags for fresh food, and fabric shopping bags."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/circular-economy-regulation-2023","history":"/api/acts/circular-economy-regulation-2023/history","analysis":"/api/acts/circular-economy-regulation-2023/analysis","conflicts":"/api/acts/circular-economy-regulation-2023/conflicts","importantCases":"/api/acts/circular-economy-regulation-2023/important-cases","documents":"/api/acts/circular-economy-regulation-2023/documents"}}