{"id":"tas:act-2013-014","name":"Plastic Shopping Bags Ban Act 2013","slug":"plastic-shopping-bags-ban-act-2013","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"14 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31739,"registerId":"tas-act-2013-014-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Plastic Shopping Bags Ban Act 2013](/view/html/inforce/2026-04-12/act-2013-014) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> > (1)  [Sections 4](#GS4@EN) and [5](#GS5@EN) commence on 1 November 2013.\n> \n> > (2)  The remaining provisions of this Act commence on the day on which this Act receives the Royal Assent.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In this Act, unless the contrary intention appears –\n> \n> > ***barrier bag*** means a bag used to carry unpackaged perishable food, including, but not limited to including, fruit, vegetables, meat and fish;\n> \n> > ***biodegradable bag*** means a bag comprised of material of a type that has been assessed in accordance with the relevant standard and can, in accordance with the relevant standard, be designated as compostable;\n> \n> > ***plastic shopping bag*** means a bag, with handles, that is –\n> > \n> > > > (a) made, in whole or in part, of polyethylene with a thickness of less than 35 microns; or\n> > > \n> > > > (b) a bag of a type prescribed by regulations to be a plastic shopping bag –\n> > > \n> > > but does not include –\n> > > \n> > > > (c) a biodegradable bag; or\n> > > \n> > > > (d) a plastic bag that is an integral part of the packaging in which goods are sealed before sale; or\n> > > \n> > > > (e) a barrier bag; or\n> > > \n> > > > (f) a bag of a type prescribed by regulations to not be a plastic shopping bag;\n> \n> > ***relevant standard*** means Australian Standard AS 4736-2006 Biodegradable plastics – Biodegradable plastics suitable for composting and other microbial treatment, as in force from time to time, published by Standards Australia, or, if another standard published by Standards Australia replaces that standard, that other standard;\n> \n> > ***retailer*** means a person who sells goods in trade or commerce.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Plastic shopping bags not to be provided, &c.","content":"### 4 Plastic shopping bags not to be provided, &c.\n\n> > (1)  A retailer must not provide to a person a plastic shopping bag for the purpose of enabling goods sold, or to be sold, by the retailer, to be carried from the retailer's premises.\n> > \n> > Penalty:  In the case of –\n> > \n> > > > (a) a body corporate, a fine not exceeding 50 penalty units; or\n> > > \n> > > > (b) an individual, a fine not exceeding 20 penalty units.\n> \n> > (2)  A retailer must not give to a person information, about the composition of a plastic shopping bag, that the retailer knows, or ought reasonably be expected to know, is false or misleading.\n> > \n> > Penalty:  In the case of –\n> > \n> > > > (a) a body corporate, a fine not exceeding 100 penalty units; or\n> > > \n> > > > (b) an individual, a fine not exceeding 50 penalty units.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Director may require proof of plastic bag composition to be provided","content":"### 5 Director may require proof of plastic bag composition to be provided\n\n> > (1)  The Director, by notice in writing to a retailer, may require the retailer to provide to the Director, within a period specified in the notice, evidence, of the kind specified in the notice, as to whether a bag that is, or that was, on the retailer's premises is a biodegradable bag.\n> \n> > (2)  The period specified in a notice under [subsection (1)](#GS5@Gs1@EN) to a retailer is not to be less than 30 days from the day on which the notice is issued to the retailer.\n> \n> > (3)  A retailer to whom a notice is issued under [subsection (1)](#GS5@Gs1@EN) must, within the period specified in the notice, provide evidence, of the kind specified in the notice, as to whether a bag to which the notice relates is a biodegradable bag.\n> > \n> > Penalty:  In the case of –\n> > \n> > > > (a) a body corporate, a fine not exceeding 50 penalty units; or\n> > > \n> > > > (b) an individual, a fine not exceeding 20 penalty units.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Act to be read together with Environmental Management and Pollution Control Act 1994","content":"### 6 Act to be read together with Environmental Management and Pollution Control Act 1994\n\n> > (1)  This Act and the [Environmental Management and Pollution Control Act 1994](/view/html/inforce/2026-04-12/act-1994-044) are to be read together as if the 2 Acts constituted a single Act.\n> \n> > (2)  Without derogating from [subsection (1)](#GS6@Gs1@EN)  –\n> > \n> > > > (a) words and expressions used in this Act that are defined in the [Environmental Management and Pollution Control Act 1994](/view/html/inforce/2026-04-12/act-1994-044) and not in this Act have, unless the contrary intention appears, the same respective meanings; and\n> > > \n> > > > (b) a reference to ***this Act*** in the [Environmental Management and Pollution Control Act 1994](/view/html/inforce/2026-04-12/act-1994-044) (including, for the avoidance of doubt, in section 72 of that Act) extends, unless the contrary intention appears, to this Act; and\n> > > \n> > > > (c) a reference to ***the regulations*** in the [Environmental Management and Pollution Control Act 1994](/view/html/inforce/2026-04-12/act-1994-044) (including, for the avoidance of doubt, in section 72 of that Act) extends, unless the contrary intention appears, to regulations made under this Act; and\n> > > \n> > > > (d) authorized officers may exercise their powers under the [Environmental Management and Pollution Control Act 1994](/view/html/inforce/2026-04-12/act-1994-044) for the purposes of the administration and enforcement of this Act.\n> \n> > (3)  In the event of an inconsistency between this Act and the [Environmental Management and Pollution Control Act 1994](/view/html/inforce/2026-04-12/act-1994-044) , the provisions of this Act prevail.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Regulations","content":"### 7 Regulations\n\n> > (1)  The Governor may make regulations for the purposes of this Act.\n> \n> > (2)  The regulations may be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations.\n> \n> > (3)  The regulations may –\n> > \n> > > > (a) provide that a contravention of any of the regulations is an offence; and\n> > > \n> > > > (b) in respect of such an offence, provide for the imposition of a fine not exceeding 50 penalty units.\n> \n> > (4)  The regulations may authorise any matter to be from time to time determined, applied or regulated by the Director.\n> \n> > (5)  The regulations may adopt, either wholly or in part and with or without modification, and either specifically or by reference, any of the standards of Standards Australia, whether the standards are published or issued before or after the commencement of all of the provisions of this Act.\n> \n> > (6)  A reference in [subsection (5)](#GS7@Gs5@EN) to standards includes a reference to an amendment of those standards, whether the amendment is published or issued before or after the commencement of all of the provisions of this Act.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Administration of Act","content":"### 8 Administration of Act\n\n> Until provision is made in relation to this Act by order under [section 4 of the](/view/html/inforce/2026-04-12/act-1990-004#GS4@EN) [Administrative Arrangements Act 1990](/view/html/inforce/2026-04-12/act-1990-004)  –\n> \n> > > (a) the administration of this Act is assigned to the Minister for Environment, Parks and Heritage; and\n> > \n> > > (b) the department responsible to that Minister in relation to the administration of this Act is the Department of Primary Industries, Parks, Water and Environment.","sortOrder":7}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"No textual indication that the Act’s scope was altered from its expressed provisions. The Act defines banned items and exclusions (s 3) and bans provision by retailers (s 4), while delegating technical detail, standards adoption and additional exemptions to regulations and to the Director (ss 5–7)."},"complexity_factors":["Technical definition of 'plastic shopping bag' keyed to material and a 35-micron thickness threshold (s 3) — requires measurement/verification.","Multiple statutory exclusions (biodegradable bags, barrier bags, integral packaging, and regulation-prescribed exceptions) create classification questions for businesses (s 3).","Director has power to require evidence of biodegradability from retailers, with a 30-day minimum compliance period and penalties for non-compliance (s 5) — creates documentary compliance burden and administrative discretion.","Penalties differ by entity type (corporate v individual) and by offence type, adding enforcement complexity (s 4(1)–(2) and s 5).","Act is to be read together with the Environmental Management and Pollution Control Act 1994, including use of its authorised officers and regulations, and contains a prevailing clause in case of inconsistency — cross‑statute integration increases legal complexity for enforcement (s 6).","Regulations may adopt or reference Standards Australia standards (including amendments) and may delegate matters to the Director, concentrating technical rule‑making power in delegated instruments (s 7).","Governor‑made regulations may create additional offences and fines (s 7(1)–(3)) — scope of regulatory discretion is broad."],"plain_english_summary":"This Act prohibits retailers from supplying “plastic shopping bags” (mainly polyethylene bags under 35 microns) for carrying goods and creates fines for breaches. It excludes biodegradable bags, barrier bags and bags that are integral to packaging, and allows the Director to require proof about a bag’s compostable status (ss 3–5). Retailers carry compliance costs and risk fines; detailed enforcement, exemptions and technical standards are to be set by regulations and under the Environmental Management and Pollution Control Act (ss 6–7)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: banning lightweight polyethylene shopping bags. The scope has not expanded beyond this environmental protection objective. The regulation-making powers allow for future prescription of additional bag types, but this is within the original legislative intent."},"complexity_factors":["Only 6 defined terms in the interpretation section","Single main prohibition in section 4 with straightforward exceptions (biodegradable bags, barrier bags, sealed packaging)","Simple two-tier penalty structure (body corporate vs individual)","Minimal cross-referencing – only links to the Environmental Management and Pollution Control Act 1994 for enforcement mechanisms","No nested conditional logic or exceptions to exceptions","Regulation-making powers are standard and broad but not convoluted","Physical measurement standard (35 microns) is specific but objectively measurable"],"plain_english_summary":"**What this law does:**\n\nThis Act bans retailers from giving out thin plastic shopping bags to customers. Specifically, it prohibits bags made of polyethylene plastic less than 35 microns thick (that's very thin, flimsy \"singlet\" bags). The ban applies to any shop or business selling goods to the public.\n\n**Who it affects:**\n\n- **Retailers** – anyone selling goods in trade or commerce (shops, supermarkets, market stalls, etc.)\n- **Customers** – who will no longer receive these bags at checkout\n- **The Director** – an environmental regulator who can demand proof that bags are genuinely biodegradable\n\n**What's allowed (the exceptions):**\n\nThe ban does **not** cover:\n- **Biodegradable bags** – certified compostable bags meeting Australian Standard AS 4736\n- **Barrier bags** – the thin bags used for loose fruit, vegetables, meat and fish\n- **Pre-packaged goods** – bags that are sealed packaging around products (like bread bags)\n- **Thicker reusable bags** – bags 35 microns or thicker\n\n**Penalties:**\n\n- Giving out banned bags: up to 50 penalty units for companies, 20 for individuals\n- Lying about whether a bag is biodegradable: up to 100 penalty units for companies, 50 for individuals\n- Failing to provide proof when asked by the Director: up to 50 penalty units for companies, 20 for individuals\n\n**Why it matters:**\n\nThis law reduces plastic pollution by stopping the distribution of lightweight plastic bags that easily become litter and harm wildlife. It encourages shoppers to bring reusable bags while still allowing necessary packaging for hygiene (barrier bags) and certified compostable alternatives.\n\n**How it's enforced:**\n\nThe Act works together with Tasmania's *Environmental Management and Pollution Control Act 1994*. Environmental officers can inspect shops and demand documentation proving bags meet the biodegradable standard."},"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"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Act appears to have remained consistent with its original intent since commencement in November 2013. No significant amendments have broadened or narrowed its scope based on the information available. It continues to do exactly what its title suggests: ban plastic shopping bags in Tasmania."},"complexity_factors":["Narrow and specific subject matter with limited scope","Straightforward prohibition-based structure with few exceptions to navigate","Limited technical or cross-referencing complexity","Definitions of what counts as a 'banned bag' may require some interpretation at the margins (e.g. thickness thresholds)","Enforcement and penalty provisions add minimal complexity"],"plain_english_summary":"Tasmania's Plastic Shopping Bags Ban Act 2013 prohibits the supply of thin, lightweight single‑use plastic shopping bags at retail checkouts. It affects retailers (who may be fined for supplying banned bags) and consumers (who won't be offered these bags), aiming to cut pollution and protect wildlife by encouraging reusable alternatives. The law does not cover thicker reusable plastic bags, produce bags, or specialty packaging."}},"importantCases":[],"_links":{"self":"/api/acts/plastic-shopping-bags-ban-act-2013","history":"/api/acts/plastic-shopping-bags-ban-act-2013/history","analysis":"/api/acts/plastic-shopping-bags-ban-act-2013/analysis","conflicts":"/api/acts/plastic-shopping-bags-ban-act-2013/conflicts","importantCases":"/api/acts/plastic-shopping-bags-ban-act-2013/important-cases","documents":"/api/acts/plastic-shopping-bags-ban-act-2013/documents"}}