{"id":"single-use-and-other-plastic-products-waste-avoidance-act-2020","name":"Single-use and Other Plastic Products (Waste Avoidance) Act 2020","slug":"single-use-and-other-plastic-products-waste-avoidance-act-2020","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":109950,"registerId":"sa-single-use-and-other-plastic-products-waste-avoidance-act-2020-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Single-use and Other Plastic Products (Waste Avoidance) Act 2020","content":"South Australia\nSingle-use and Other Plastic Products (Waste Avoidance) Act 2020\nAn Act to restrict and prohibit the manufacture, production, distribution, sale and supply of certain single‑use and other plastic products and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tApplication of Act\n5\tObjects of Act\nPart 2—Prohibited plastic products\n6\tProhibited plastic products\n7\tPerson must not sell, supply or distribute prohibited plastic products in course of carrying on a business\n8\tPerson must not represent that product is not a prohibited plastic product\nPart 3—Oxo‑degradable plastic products\n9\tPerson must not manufacture or produce oxo‑degradable plastic products\n10\tPerson must not sell, supply or distribute oxo‑degradable plastic products in course of carrying on a business\n11\tProvision of manufacturer's or producer's certification as to oxo‑degradable plastic content of plastic products\n12\tPerson must not represent that product is not comprised of oxo‑degradable plastic\nPart 4—Miscellaneous\n13\tDelegation\n14\tAnnual report by Minister\n15\tInteraction with Environment Protection Act\n16\tExemptions from Act\n17\tEvidentiary provision\n18\tRegulations\n19\tReview of Act\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Single-use and Other Plastic Products (Waste Avoidance) Act 2020.\n2—Commencement\nThis Act comes into operation on a day to be fixed by proclamation.\n3—Interpretation\nIn this Act, unless the contrary intention appears—\nauthorised officer means a person who is an authorised officer for the purposes of the Environment Protection Act 1993;\ncutlery means utensils used for eating food;\noxo‑degradable plastic means a material (however described) made of plastic which includes additives to accelerate the fragmentation of the material into smaller pieces, triggered by ultraviolet radiation or heat exposure, whether or not this is, or may be, followed by partial or complete breakdown of the material by microbial action;\nplastic means a material made from, or comprising, organic polymers, whether plant extracts or of fossil fuel origin;\nplastic product means a product comprised, in whole or in part, of plastic;\nprohibited plastic product—see section 6;\nsell or supply includes offer for sale or supply;\nsingle-use, in relation to a product, means a product designed or intended to be used once or for a limited number of times before being disposed of.\n4—Application of Act\nThis Act does not apply to a container that is the subject of a beverage container approval under the Environment Protection Act 1993.\n5—Objects of Act\nThe objects of this Act include to—\n\t(a)\tprovide for the restriction or prohibition of certain single‑use and other plastic products; and\n\t(b)\tpromote and support better waste management practices including the reduction of marine litter; and\n\t(c)\tpromote and support the principles of the waste management hierarchy; and\n\t(d)\tpromote and support the principles of the circular economy.\nPart 2—Prohibited plastic products\n6—Prohibited plastic products\n\t(1)\tFor the purposes of this Act, prohibited plastic product means the following plastic products:\n\t(a)\ta single‑use plastic drinking straw;\n\t(b)\tsingle‑use plastic cutlery;\n\t(c)\ta single‑use plastic beverage stirrer;\n\t(d)\tan expanded polystyrene cup;\n\t(e)\tan expanded polystyrene bowl;\n\t(f)\tan expanded polystyrene plate;\n\t(g)\tan expanded polystyrene clamshell container;\n\t(h)\ta product, or product of a class, brought within the ambit of this definition by the regulations,\nbut does not include a product, or product of a class, excluded from the ambit of this definition by the regulations.\n\t(2)\tBefore a regulation is made pursuant to subsection (1)(h), the Minister must undertake public consultation on the proposal to bring a product, or product of a class, within the ambit of the definition of prohibited plastic product in accordance with the following:\n\t(a)\tthe Minister must prepare a notice of the proposal that includes—\n\t(i)\tthe proposed product or class of product; and\n\t(ii)\tinformation regarding the reasons the product or class of product is proposed; and\n\t(iii)\tinformation regarding the availability of alternative products; and\n\t(iv)\tany potential exemptions that may be required in relation to the product;\n\t(b)\tthe notice must be published on a website determined by the Minister, and may be published in such other manner as the Minister determines to be appropriate;\n\t(c)\tthe notice must invite submissions to be made by interested persons in the manner, and within the period (which must be at least 8 weeks), specified in the notice;\n\t(d)\tthe Minister must give consideration to any submissions made in response to the invitation.\n7—Person must not sell, supply or distribute prohibited plastic products in course of carrying on a business\n\t(1)\tA person who, in the course of carrying on a business, sells, supplies or distributes a prohibited plastic product to another person is guilty of an offence.\nMaximum penalty: \n\t(a)\tin the case of a prescribed person—$20 000;\n\t(b)\tin any other case—$5 000.\nExpiation fee: \n\t(a)\tin the case of a prescribed person—$1 000;\n\t(b)\tin any other case—$315.\n\t(2)\tSubsection (1) does not apply to a person who sells, supplies or distributes a prohibited plastic product if the person is the manufacturer, producer or distributor of the product and the product is supplied or distributed to a person outside this State.\n\t(3)\tIt is a defence to a charge of an offence under subsection (1) if the person is not a prescribed person and proves that they believed on reasonable grounds that the product was not a prohibited plastic product.\n\t(4)\tThis section applies whether or not a fee is charged for the supply or distribution of the prohibited plastic product, or the sale, supply or distribution of the prohibited plastic product is incidental to, or forms part of, the sale, supply or distribution of other products.\n\t(5)\tFor the purposes of this section, business includes an enterprise, association, organisation or other body regardless of whether the activities it carries on are of a commercial, charitable, sporting, educational or community nature.\n\t(6)\tThe regulations may specify the following:\n\t(a)\tthat a business, or business of a class, may be taken to be, or not to be, a business for the purposes of this section;\n\t(b)\tthe circumstances in which a business, or business of a class, may be taken to be, or not to be, a business for the purposes of this section.\n\t(7)\tIn this section—\nprescribed person, in relation to a prohibited plastic product, means a person who is a manufacturer or producer of the product, or who sells, supplies or distributes the product in the course of carrying on a business as a wholesaler or distributor.\n8—Person must not represent that product is not a prohibited plastic product\nA person who—\n\t(a)\tsells, supplies or distributes a prohibited plastic product to another person; and\n\t(b)\tprior to, or in the course of, selling, supplying or distributing the product, represents to the other person that the product is not a prohibited plastic product,\nis guilty of an offence.\nMaximum penalty: $20 000.\nExpiation fee: $1 000.\nPart 3—Oxo‑degradable plastic products\n9—Person must not manufacture or produce oxo‑degradable plastic products\nA person who, in the course of carrying on a business, manufactures or produces a product comprised, in whole or in part, of oxo‑degradable plastic is guilty of an offence.\nMaximum penalty: $20 000.\nExpiation fee: $1 000.\n10—Person must not sell, supply or distribute oxo‑degradable plastic products in course of carrying on a business\n\t(1)\tA person who, in the course of carrying on a business, sells, supplies or distributes a product comprised, in whole or in part, of oxo‑degradable plastic to another person is guilty of an offence.\nMaximum penalty: \n\t(a)\tin the case of a prescribed person—$20 000;\n\t(b)\tin any other case—$5 000.\nExpiation fee: \n\t(a)\tin the case of a prescribed person—$1 000;\n\t(b)\tin any other case—$315.\n\t(2)\tIt is a defence to a charge of an offence under subsection (1) if the person is not a prescribed person and proves that they believed on reasonable grounds that the product was not comprised, in whole or in part, of oxo‑degradable plastic.\n\t(3)\tThis section applies whether or not a fee is charged for the supply or distribution of the product, or the sale, supply or distribution of the product is incidental to, or forms part of, the sale, supply or distribution of other products.\n\t(4)\tFor the purposes of this section, business includes an enterprise, association, organisation or other body regardless of whether the activities it carries on are of a commercial, charitable, sporting, educational or community nature.\n\t(5)\tThe regulations may specify the following:\n\t(a)\tthat a business, or business of a class, may be taken to be, or not to be, a business for the purposes of this section;\n\t(b)\tthe circumstances in which a business, or business of a class, may be taken to be, or not to be, a business for the purposes of this section.\n\t(6)\tIn this section—\nprescribed person, in relation to a product comprised, in whole or in part, of oxo‑degradable plastic, means a person who is a manufacturer or producer of the product, or who sells, supplies or distributes the product in the course of carrying on a business as a wholesaler or distributor.\n11—Provision of manufacturer's or producer's certification as to oxo‑degradable plastic content of plastic products\n\t(1)\tA person who, in the course of carrying on a business, manufactures or produces a plastic product, must, at the written request of an authorised officer, provide to the Authority in accordance with this section, certification as to whether or not the product contains oxo‑degradable plastic, unless the person has a reasonable excuse for not doing so.\nMaximum penalty: $20 000.\n\t(2)\tA person who, in the course of carrying on a business, distributes a plastic product or sells or supplies a plastic product by wholesale, must, at the written request of an authorised officer, provide to the Authority in accordance with this section, certification of the manufacturer or producer of the product as to whether or not the product contains oxo‑degradable plastic, unless the person has a reasonable excuse for not doing so.\nMaximum penalty: $20 000.\n\t(3)\tCertification under this section must—\n\t(a)\tbe in the manner and form, and contain the information, determined by the Authority; and\n\t(b)\tbe provided to the Authority within 30 days of the making of the request.\n12—Person must not represent that product is not comprised of oxo‑degradable plastic\nA person who—\n\t(a)\tknows, or who ought reasonably to have known or suspected, that a product sold, supplied or distributed by the person to another person is comprised, in whole or in part, of oxo‑degradable plastic; and\n\t(b)\tprior to, or in the course of, selling, supplying or distributing the product, represents to the other person that the product is not comprised, in whole or in part, of oxo‑degradable plastic,\nis guilty of an offence.\nMaximum penalty: $30 000.\nPart 4—Miscellaneous\n13—Delegation\n\t(1)\tThe Minister may delegate a function or power under this Act (other than a prescribed function or power) to a specified body or person (including a person for the time being holding or acting in a specified office or position).\n\t(2)\tA delegation under this section—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be absolute or conditional; and\n\t(c)\tdoes not derogate from the power of the delegator to act in any matter; and\n\t(d)\tis revocable at will.\n\t(3)\tA function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.\n14—Annual report by Minister\n\t(1)\tThe Minister must, on or before 30 September in each year (other than in the year in which this section comes into operation), prepare a report on the operation of the provisions of this Act for the financial year ending on the preceding 30 June that includes the following:\n\t(a)\tinformation regarding the extent to which the Act has achieved the objects set out in section 5;\n\t(b)\tinformation regarding consideration given to including additional plastic products within the ambit of the definition of prohibited plastic product by regulation pursuant to section 6(1)(h);\n\t(c)\tthe number of reports or complaints received from members of the public in relation to breaches or purported breaches of the Act;\n\t(d)\tinformation regarding the measures taken by authorised officers in relation to monitoring compliance with the Act;\n\t(e)\tinformation regarding any enforcement action taken by authorised officers under the Act including—\n\t(i)\tthe number of persons issued with expiation notices for the purposes of the Act and the general nature of the notices; and\n\t(ii)\tthe number of persons charged with an offence against the Act and the general nature of the charges;\n\t(f)\tthe Authority's assessment of the impact of any exemption granted under this Act on the goal of reducing single‑use plastics in this State.\n\t(2)\tThe initial report prepared under subsection (1) must include information regarding consideration given to including the following additional plastic products within the ambit of the definition of prohibited plastic product by regulation pursuant to section 6(1)(h):\n\t(a)\tsingle‑use plastic cups (including coffee cups);\n\t(b)\tsingle‑use plastic food containers;\n\t(c)\tsingle‑use plastic bowls;\n\t(d)\tsingle‑use plastic plates;\n\t(e)\tplastic lids of single‑use coffee cups;\n\t(f)\tplastic balloon sticks;\n\t(g)\tplastic balloon ties;\n\t(h)\tplastic‑stemmed cotton buds;\n\t(i)\tplastic bags.\n\t(3)\tThe Minister must, within 12 sitting days after completing the report under subsection (1), cause copies of the report to be laid before both Houses of Parliament and published on a website determined by the Minister.\n15—Interaction with Environment Protection Act\n\t(1)\tThis Act (as in force from time to time) and the Environment Protection Act 1993 (as in force from time to time) will be read together and construed as if the 2 Acts constituted a single Act.\n\t(2)\tWithout derogating from subsection (1), authorised officers may exercise their powers under the Environment Protection Act 1993 for the purposes of the administration and enforcement of this Act.\n\t(3)\tFor the purposes of the operation of this Act, in the event of an inconsistency between the provisions of this Act and the provisions of the Environment Protection Act 1993, the provisions of this Act prevail.\n16—Exemptions from Act\n\t(1)\tThe Governor may, by regulation, exempt or empower the Minister to exempt, a person, or person of a class, or a product, or product of a class, from the operation of this Act or any specified provision of this Act (whether generally or in specified circumstances).\n\t(2)\tWithout limiting the operation of subsection (1), the Governor may, by regulation, exempt the sale, supply or distribution of single‑use plastic drinking straws by a person, or person of a class, from the operation of Part 2 or a specified provision of that Part (whether generally or in specified circumstances) to, or in respect of, persons who require them due to a disability or medical requirement, or in order for such persons to otherwise access or obtain them.\n\t(3)\tA regulation under subsection (1) or (2) may operate subject to such limitations and conditions as may be specified in the regulation.\n17—Evidentiary provision\nIn proceedings for an offence against this Act, an allegation in an information that a specified product was a prohibited plastic product will be accepted as proved in the absence of proof to the contrary.\n18—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tThe regulations may—\n\t(a)\tbe of general or limited application; and\n\t(b)\tmake different provision according to the matters or circumstances to which they are expressed to apply; and\n\t(c)\tmake provisions of a saving or transitional nature consequent on the enactment of this Act or on the making of regulations under this Act; and\n\t(d)\tprovide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister or a specified person or body; and\n\t(e)\tapply or incorporate, wholly or partially and with or without modification, a code, standard, policy or other document prepared or published by the Minister or a specified person or body.\n\t(3)\tIf a code, standard or other document is referred to or incorporated in the regulations—\n\t(a)\ta copy of the code, standard or other document must be kept available for public inspection, without charge and during ordinary office hours, at an office or offices specified in the regulations; and\n\t(b)\tevidence of the contents of the code, standard or other document may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code, standard or other document.\n19—Review of Act\n\t(1)\tThe Minister must, as soon as practicable after the third anniversary of the commencement of this Act, appoint a person to prepare a report on—\n\t(a)\tthe effect on the community of Part 2 and Part 3 of the Act; and\n\t(b)\tany public information campaigns conducted by or on behalf of the Government on reducing the use of plastic products and increasing the recycling of plastics; and\n\t(c)\tany other matters determined by the Minister to be relevant to the review of this Act.\n\t(2)\tThe person must report to the Minister within 6 months after the person's appointment.\n\t(3)\tThe Minister must, within 12 sitting days after receiving the report under this section, cause copies of the report to be laid before both Houses of Parliament.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act\nYear\nNo\nTitle\nAssent\nCommencement\n2020\n27\nSingle-use and Other Plastic Products (Waste Avoidance) Act 2020 \n17.9.2020\n1.3.2021 except s 6(1)(d) to (g) & Pt 3—1.3.2022 (Gazette 25.2.2021 p647)\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act establishes new statutory prohibitions and compliance duties not previously set out in the Environment Protection Act, and it explicitly prevails over that Act where inconsistent (s15(3)). It also allows the Minister to expand the prohibited list and the Governor or Minister to grant exemptions by regulation (s6(1)(h); s16), thereby enlarging regulatory reach and shifting substantive scope and decision‑making to executive instruments while imposing obligations on manufacturers, wholesalers and other businesses (s7(5); s11)."},"complexity_factors":["Scope expansion depends on regulations rather than fixed list — Minister must consult before adding products (s6(1)(h); s6(2)).","Different penalty regimes for 'prescribed persons' (manufacturers/wholesalers/distributors) versus others, creating variable enforcement stakes (s7(1); s10(1)).","Certification and record obligations impose documentary compliance on manufacturers and distributors on request by authorised officers (s11).","Definition complexity for technical term 'oxo‑degradable plastic' which triggers a separate prohibition and higher‑value offence (s3; Pt 3 generally).","Strong interaction with the Environment Protection Act: authorised officers exercise EPA powers for enforcement and this Act prevails on inconsistency (s15(2)–(3)).","Delegation and regulatory discretions enable the Minister/Governor to make exemptions and determine operational details, concentrating substantive choice in executive instruments (s13; s16; s18).","Evidentiary provision shifts evidentiary burden in prosecutions by deeming allegations of a product being prohibited proven unless disproved (s17).","Reporting and review obligations require annual ministerial reporting and a formal 3‑year review, adding administrative oversight duties (s14; s19)."],"plain_english_summary":"Mechanically, the Act prohibits the manufacture, sale, supply and distribution of specified single‑use plastic items and oxo‑degradable plastics and creates offences, penalties and expiation fees for breaches (see s6, s7, s9–12). It affects manufacturers, wholesalers, retailers and any business or organisation that supplies these products (s7(5); s10(4)), requires producer certification on request (s11), and vests the Minister and Governor with regulatory power to add products or grant exemptions (s6(1)(h); s16), shifting compliance costs and decision‑making onto regulated parties."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of restricting single-use plastics and oxo-degradable plastics. While it contains mechanisms to expand the list of prohibited products via regulation (s 6(1)(h)), this was an intended feature from enactment, not scope creep. The mandatory review of specific additional items (coffee cups, bags, cotton buds etc.) in s 14(2) was built into the original legislative design."},"complexity_factors":["19 defined terms in the interpretation section (section 3), including technical definitions like 'oxo-degradable plastic' and 'single-use'","Nested conditional logic in offence provisions: tiered penalties based on 'prescribed person' status (manufacturer/producer/wholesaler vs others)","Multiple defences and exceptions: reasonable belief defence (ss 7(3), 10(2)), out-of-state distribution exemption (s 7(2)), disability/medical exemptions for straws (s 16(2))","Regulation-making powers that expand scope: s 6(1)(h) allows regulations to add products to the banned list, with mandatory 8-week public consultation process","Cross-referencing with Environment Protection Act 1993 (SA) for enforcement powers and authorised officer definitions","Evidentiary provision reversing burden of proof (s 17) — assumes product is prohibited unless proven otherwise","Mandatory reporting obligations with specific content requirements (s 14) and statutory review timeline (s 19)"],"plain_english_summary":"This South Australian law bans certain single-use plastic items and a specific type of misleading plastic called 'oxo-degradable' plastic.\n\n**What it bans:**\n- **Single-use plastic straws, cutlery, and stirrers** — the kind you get with takeaway food\n- **Expanded polystyrene containers** — foam cups, bowls, plates, and clamshell boxes (like burger boxes)\n- **Oxo-degradable plastic products** — plastics marketed as 'eco-friendly' because they break into tiny pieces, but which actually create microplastic pollution\n\n**Who it affects:**\n- **Businesses** selling, supplying, or distributing these items (including wholesalers, manufacturers, charities, schools, and community groups)\n- **Manufacturers** making oxo-degradable plastics\n- **Heavier penalties** apply to manufacturers, producers, and wholesalers ($20,000) compared to other businesses ($5,000)\n\n**Key rules:**\n- You can't sell or give away banned items as part of your business operations\n- You can't lie about whether a product is banned or contains oxo-degradable plastic\n- Manufacturers must provide certification about oxo-degradable content if asked by an authorised officer\n- **Exceptions exist** for people with disabilities or medical needs who require plastic straws\n- The law can expand to ban more items (like coffee cups, plastic bags, cotton buds) through regulations after public consultation\n\n**Why it matters:**\nSouth Australia was the first Australian state to ban these items. The law aims to reduce plastic pollution, especially in oceans, promote better waste management, and support a 'circular economy' (where materials are reused rather than thrown away). It specifically targets oxo-degradable plastics because they fragment into harmful microplastics rather than truly biodegrading.\n\n**How it's enforced:**\n- Authorised officers from the Environment Protection Authority can investigate\n- Offences can be dealt with by fines (expiation fees) or court prosecution\n- The Minister must report annually on how the law is working and review it after three years"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available. No comparison between original intent and final form is possible from the retrieved content."},"complexity_factors":["No actual legislative text was retrievable — the source URL returned a 404 Page Not Found error","Analysis is based solely on the Act's title and general knowledge, not the text of the legislation","Complexity cannot be meaningfully assessed without access to the provisions, schedules, definitions, or regulations"],"plain_english_summary":"The Single-use and Other Plastic Products (Waste Avoidance) Act 2020 is a South Australian law aiming to reduce plastic waste by targeting single-use plastic items (e.g., straws, cutlery, plates). It likely restricts or bans supply of these items and changes how businesses handle disposable plastics.\n\nIt affects retailers, hospitality and food outlets, consumers, and manufacturers/importers of single-use plastics — matters for compliance, supply chains, and waste reduction."}},"importantCases":[],"_links":{"self":"/api/acts/single-use-and-other-plastic-products-waste-avoidance-act-2020","history":"/api/acts/single-use-and-other-plastic-products-waste-avoidance-act-2020/history","analysis":"/api/acts/single-use-and-other-plastic-products-waste-avoidance-act-2020/analysis","conflicts":"/api/acts/single-use-and-other-plastic-products-waste-avoidance-act-2020/conflicts","importantCases":"/api/acts/single-use-and-other-plastic-products-waste-avoidance-act-2020/important-cases","documents":"/api/acts/single-use-and-other-plastic-products-waste-avoidance-act-2020/documents"}}