Circular Economy Act 2023 (ACT)

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Circular Economy Act 2023 A2023-39 Republication No 3 Effective: 16 November 2025 Republication date: 16 November 2025 Last amendment made by A2025-29

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au About this republication The republished law This is a republication of the Circular Economy Act 2023 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 16 November 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 16 November 2025. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication includes amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

R3 16/11/25 Circular Economy Act 2023 Effective: 16/11/25 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Circular Economy Act 2023 Contents Page Part 1 Preliminary 1 Name of Act 2 3 Dictionary 2 4 Notes 2 5 Offences against Act—application of Criminal Code etc 2 6 Objects of Act 3 Part 2 Waste reduction measures Division 2.1 Preliminary 7 Meaning of business—pt 2 4 Division 2.2 Waste requirements for businesses 8 Requirements for reducing waste produced by businesses 4 9 Requirements for dealing with waste produced by businesses 5 10 Consultation requirements—proposed waste reduction or processing requirements 5

Contents Page contents 2 Circular Economy Act 2023 Effective: 16/11/25 R3 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Prohibited products Division 3.1 Important concepts 11 Definitions—pt 3 7 12 Meaning of prohibited product—pt 3 7 13 Meaning of prohibited plastic product—pt 3 8 14 Meaning of single-use—pt 3 9 15 Meaning of supply—pt 3 10 16 Consultation requirements—prohibited products and prohibited plastic products 11 Division 3.2 Supplying prohibited products 17 Person must not supply prohibited product 12 18 Person must not make false representation about prohibited product 12 19 Notice to dispose of prohibited products 13 20 Authorised person may remove and dispose of prohibited products if notice not complied with 14 Division 3.3 Supply of declared products at public events 21 Minister may declare prohibitable product must not be supplied at public event 15 22 Person must not supply declared product at public event 16 Part 4 Exemptions 23 Minister may disapply Act for person or prohibited product 17 Part 5 Enforcement Division 5.1 Preliminary 24 Definitions—pt 5 19 25 Appointment of authorised people 20 26 Identity cards 20 Division 5.2 Exercise of powers generally 27 Requirements before certain powers can be exercised 21 28 Privilege against self-incrimination does not apply 22 Division 5.3 Power to obtain information 29 Direction to give information 23 30 Direction to give name and address 24

Contents Page R3 16/11/25 Circular Economy Act 2023 Effective: 16/11/25 contents 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 5.4 Power to enter premises 31 Powers of authorised person to enter premises 25 32 Obtaining consent to entry 26 33 Consent to enter taken to be given if premises entered under other Act 27 34 General powers on entry to premises 27 Division 5.5 Warrants 35 Definitions—div 5.5 28 36 Application for warrant 29 37 Magistrate may refuse to consider application for warrant until authorised person gives relevant information 29 38 Decision on application for warrant 29 39 Warrant issued on remote application 30 40 Announcement before entry under warrant 31 41 Warrant etc to be given to occupier 32 42 Occupier entitled to watch search etc 32 Division 5.6 Power to seize things 43 Authorised person may seize things at premises 33 44 Moving things to another place for examination or processing under warrant 34 45 Owner etc may access seized things 35 46 Person must not interfere with seized things 35 47 Authorised person must give receipt for seized things 35 48 Return of seized things 36 49 Order disallowing seizure 38 Division 5.7 Miscellaneous 50 Damage etc to be minimised 39 51 Compensation for exercise of enforcement powers 40 Part 6 Reviewable decisions 52 Definitions—pt 6 41 53 Reviewable decision notices 41 54 Applications for review 41

Contents Page contents 4 Circular Economy Act 2023 Effective: 16/11/25 R3 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 7 Miscellaneous 55 Applying, adopting or incorporating documents in regulation and instruments 42 56 Regulation-making power 42 Dictionary 43 Endnotes 1 About the endnotes 45 2 Abbreviation key 45 3 Legislation history 46 4 Amendment history 46 5 Earlier republications 47 6 Expired transitional or validating provisions 47

R3 16/11/25 Circular Economy Act 2023 Effective: 16/11/25 page 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Circular Economy Act 2023 An Act to reduce waste and promote a circular economy, and for other purposes

Part 1 Preliminary Section 1 page 2 Circular Economy Act 2023 Effective: 16/11/25 R3 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1 Preliminary 1 Name of Act This Act is the Circular Economy Act 2023. 3 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere. For example, the signpost definition ‘waste—see the Waste Management and Resource Recovery Act 2016, section 10.’ means that the term ‘waste’ is defined in that section and the definition applies to this Act. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). 4 Notes A note included in this Act is explanatory and is not part of this Act. 5 Offences against Act—application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Preliminary Part 1 Section 6 R3 16/11/25 Circular Economy Act 2023 Effective: 16/11/25 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 6 Objects of Act (1) The objects of this Act are to— (a) minimise the generation of waste; and (b) maximise the recovery and re-use of resources; and (c) minimise the amount of waste that goes to landfill; and (d) reduce the harm of plastic and other waste on the natural and built environment and public health; and (e) promote other features of a circular economy including by encouraging the design and manufacture of products that— (i) use less resources during manufacturing; and (ii) use more renewable, reusable or nontoxic resources during manufacturing; and (iii) are more durable, repairable, reusable, recyclable or compostable. (2) The precautionary principle must be taken into account in giving effect to the objects of this Act. (3) In this section: precautionary principle means that, if there is a threat of serious or irreversible environmental damage, a lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation.

Part 2 Waste reduction measures Division 2.1 Preliminary Section 7 page 4 Circular Economy Act 2023 Effective: 16/11/25 R3 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Waste reduction measures Division 2.1 Preliminary 7 Meaning of business—pt 2 In this part: business— (a) includes— (i) a trade, industry or profession; and (ii) any other activity carried on for fee, benefit or reward; and (iii) a person or activity prescribed by regulation; but (b) does not include a person or activity excluded by regulation. Division 2.2 Waste requirements for businesses 8 Requirements for reducing waste produced by businesses A regulation may require a person conducting a business to do any of the following to reduce the amount of waste produced by the business (a waste reduction requirement): (a) prepare a plan to reduce the amount of waste produced by the business; (b) keep records about, and report on, the person’s compliance with a regulation made for paragraph (a).

Waste reduction measures Part 2 Waste requirements for businesses Division 2.2 Section 9 R3 16/11/25 Circular Economy Act 2023 Effective: 16/11/25 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 9 Requirements for dealing with waste produced by businesses A regulation may require a person conducting a business to do any of the following in relation to waste produced by a business (a waste processing requirement): (a) sort the waste at the business’s premises in a stated way before processing or disposal; (b) dispose of the waste in a stated way; (c) keep records about, and report on, the person’s compliance with a regulation made for paragraph (a) or (b). 10 Consultation requirements—proposed waste reduction or processing requirements Before a regulation may be made prescribing a requirement for section 8 or section 9— (a) the Minister must give a public notice in relation to the proposed regulation that includes the following information: (i) details about the requirements to be prescribed; (ii) a statement that anyone may give a written submission to the Minister about the proposed regulation; (iii) a statement that submissions may be given only in the period starting on the day the notice is published and ending 12 weeks later or any later day stated in the notice; and (b) the Executive must consider the following: (i) any written submissions received in accordance with the public notice;

Part 2 Waste reduction measures Division 2.2 Waste requirements for businesses Section 10 page 6 Circular Economy Act 2023 Effective: 16/11/25 R3 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) the financial and operational impact of the proposed waste reduction requirement or waste processing requirement on the people and businesses to whom the requirement applies.

Prohibited products Part 3 Important concepts Division 3.1 Section 11 R3 16/11/25 Circular Economy Act 2023 Effective: 16/11/25 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Prohibited products Division 3.1 Important concepts 11 Definitions—pt 3 In this part: beverage includes water. plastic product means a product made, in whole or in part, of plastic. prohibited plastic product—see section 13 (1). prohibited product—see section 12 (1). single-use, in relation to a plastic product—see section 14 (1). supply, a prohibited product to a person—see section 15. 12 Meaning of prohibited product—pt 3 (1) In this part: prohibited product— (a) means— (i) a prohibited plastic product; or (ii) any other product prescribed by regulation if— (A) the production or use of the product is harmful to the natural or built environment or human health; or (B) there is a reasonably available and affordable alternative product that better promotes a circular economy; but (b) does not include a product excluded by regulation.

Part 3 Prohibited products Division 3.1 Important concepts Section 13 page 8 Circular Economy Act 2023 Effective: 16/11/25 R3 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) For this section, an alternative product better promotes a circular economy than another product if it— (a) uses less resources during manufacturing than the other product; and (b) uses more renewable, reusable or nontoxic resources during manufacturing than the other product; and (c) is more durable, repairable, reusable, recyclable or compostable than the other product. 13 Meaning of prohibited plastic product—pt 3 (1) In this part: prohibited plastic product— (a) means any of the following: (i) a single-use plastic product prescribed by regulation; (ii) a non-compostable degradable plastic product prescribed by regulation; but (b) does not include an integrated packaging item. (2) In this section: non-compostable, in relation to a plastic product, means a plastic product that is not designated— (a) compostable in accordance with AS 4736-2006 (Biodegradable plastics—Biodegradable plastics suitable for composting and other microbial treatment) as in force from time to time; or (b) home compostable in accordance with AS 5810-2010 (Biodegradable plastics—Biodegradable plastics suitable for home composting) as in force from time to time. Note AS 4736-2006 and AS 5810-2010 may be purchased at www.standards.org.au.

Prohibited products Part 3 Important concepts Division 3.1 Section 14 R3 16/11/25 Circular Economy Act 2023 Effective: 16/11/25 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au integrated packaging item— (a) means an item that is an integral part of the packaging in which goods, including pre-packaged portions of food or a beverage, are sealed before the goods are supplied; but (b) does not include an item prescribed by regulation. Examples—par (a) 1 a sealed expanded polystyrene cup containing dry noodles with flavouring 2 a sealed expanded polystyrene tray containing fruit, vegetables or uncooked meat 3 a plastic bag containing cereal inside a cardboard box 4 a fork included in a pre-packed salad 5 a spoon attached to an ice-cream cup 6 a plate forming part of a frozen meal 14 Meaning of single-use—pt 3 (1) For this part, a single-use product means a product designed or intended to be used only once. Example A cafe sells coffee in plastic takeaway cups under a cup-return scheme. Under the scheme, a customer buys their coffee in a plastic takeaway cup and returns the empty cup to the cafe or any other participating cafe to be washed and reused by other customers of the cafe. The use and return of the plastic takeaway cups is tracked using a mobile phone app. The plastic takeaway cups are not intended to be used once only. (2) Subsection (1) applies even if a single-use product is able to be re-used. Example—re-use A restaurant selling takeaway food places the prepared food in plastic takeaway food containers and then in a single-use plastic shopping bag along with plastic cutlery for a customer to take away and eat. The customer washes the empty plastic takeaway containers and re-uses them to take their lunch to work. The customer also re-uses the single-use plastic shopping bag as a bin liner and the plastic cutlery as planting labels for seedlings. The subsequent re-use of these items is unrelated to the restaurant’s original intended use.

Part 3 Prohibited products Division 3.1 Important concepts Section 15 page 10 Circular Economy Act 2023 Effective: 16/11/25 R3 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) For subsection (1), used only once includes multiple purposes within the 1 use. Example—multiple purposes Fresh herbs are placed in a plastic sleeve by the grower. The plastic sleeve has the following purposes: (a) portioning the herbs for sale; (b) protecting the herbs during transport to the supermarket; (c) extending the shelf-life of the herbs at the supermarket; (d) protecting the herbs during purchase and transport to the home of the consumer. 15 Meaning of supply—pt 3 In this part: supply, a prohibited product to a person— (a) means sell or otherwise provide a prohibited product to the person; and (b) includes the following: (i) offer to provide the product to the person; (ii) receive or possess the product for the purpose of providing it to the person; (iii) display the product for the purpose of providing it to the person; (iv) cause or permit the product to be provided to the person; and (c) for a plastic product— (i) includes providing the plastic product to the person— (A) as a container or packaging for another product provided to the person; or

Prohibited products Part 3 Important concepts Division 3.1 Section 16 R3 16/11/25 Circular Economy Act 2023 Effective: 16/11/25 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (B) for use with, or in relation to, another product provided to the person; but (ii) does not include providing the plastic product to the person in a domestic setting. Example—par (c) (i) (A) giving a customer in a restaurant a plastic takeaway container to put uneaten restaurant food into Example—par (c) (i) (B) making plastic beverage stirrers available on the counter at a coffee shop Example—par (c) (ii) a parent providing a plastic fork for a school lunch 16 Consultation requirements—prohibited products and prohibited plastic products (1) Before a regulation may be made prescribing a product for a relevant section— (a) the Minister must give a public notice in relation to the proposed regulation that includes the following: (i) details about the product to be prescribed by the proposed regulation; (ii) the reasons for prescribing the product; (iii) information about any proposed declaration to be made under section 23 in relation to the product; (iv) a statement that anyone may give a written submission to the Minister about the proposed regulation; (v) a statement that submissions may be given only in the period starting on the day the notice is published and ending 12 weeks later or any later day stated in the notice; and

Part 3 Prohibited products Division 3.2 Supplying prohibited products Section 17 page 12 Circular Economy Act 2023 Effective: 16/11/25 R3 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) the Executive must consider the following: (i) any written submissions received in accordance with the public notice; (ii) the availability and utility of alternative products to replace the proposed prohibited product. (2) In this section: relevant section means— (a) section 12 (1), definition of prohibited product, paragraph (a) (ii); or (b) section 13 (1), definition of prohibited plastic product, paragraph (a) (i) or (ii). Division 3.2 Supplying prohibited products 17 Person must not supply prohibited product (1) A person must not supply a prohibited product to another person. Maximum penalty: 50 penalty units. (2) An offence against this section is a strict liability offence. 18 Person must not make false representation about prohibited product A person commits an offence if the person— (a) supplies a prohibited product to another person; and (b) intentionally or recklessly represents to the other person that the product is not a prohibited product. Maximum penalty: 50 penalty units.

Prohibited products Part 3 Supplying prohibited products Division 3.2 Section 19 R3 16/11/25 Circular Economy Act 2023 Effective: 16/11/25 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 19 Notice to dispose of prohibited products (1) This section applies if an authorised person believes on reasonable grounds that a person has contravened section 17. (2) The authorised person may give the person written notice requiring the person to dispose of the prohibited product in a stated way within a reasonable stated period. Note If the notice is given to a person who may apply to the ACAT for review of the decision, the notice must be a reviewable decision notice (see s 53). (3) For subsection (2), the authorised person may only require a person to dispose of the prohibited product in a way that— (a) does not unreasonably financially disadvantage the person; and (b) is consistent with the objects of this Act. Example—par (b) a direction to take the prohibited product to a waste management and resource recovery centre for appropriate disposal (4) The notice must contain a statement to the effect that if the person does not dispose of the prohibited product in accordance with the notice— (a) an authorised person may remove and dispose of the product or authorise a stated person to remove and dispose of the product; and (b) the person must pay to the Territory the reasonable cost of any removal and disposal of the product. Note An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177). (5) A person must comply with a notice given to the person under subsection (2). Maximum penalty: 20 penalty units. (6) An offence against this section is a strict liability offence.

Part 3 Prohibited products Division 3.2 Supplying prohibited products Section 20 page 14 Circular Economy Act 2023 Effective: 16/11/25 R3 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 20 Authorised person may remove and dispose of prohibited products if notice not complied with (1) If a person fails to comply with a notice under section 19 in relation to a prohibited product, an authorised person may— (a) remove and dispose of the product; or (b) authorise a stated person to remove and dispose of the product. (2) However, the authorised person or stated person must not remove or dispose of the prohibited product unless— (a) the period in which the person may make an application for review of the decision to which the notice relates has ended and the person has not made an application; or (b) if the person applies to the ACAT for a review of the decision— (i) the ACAT confirms the decision; or (ii) if the ACAT varies or substitutes the decision and the varied or substituted decision requires the person to dispose of the product—the person fails to comply with the varied or substituted decision; or (iii) the person withdraws the application. (3) A person who fails to comply with a requirement in a notice under section 19 must pay to the Territory the reasonable cost of any removal or disposal carried out under this section. Note An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177).

Prohibited products Part 3 Supply of declared products at public events Division 3.3 Section 21 R3 16/11/25 Circular Economy Act 2023 Effective: 16/11/25 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 3.3 Supply of declared products at public events 21 Minister may declare prohibitable product must not be supplied at public event (1) The Minister may declare that a person must not supply a stated prohibitable product to another person at a stated public event. (2) For a public event that is not a government event, the Minister may only make a declaration if— (a) the declaration is made not less than 3 months before the day the event starts; and (b) after consulting the person conducting the public event, the Minister is satisfied that— (i) there is a reasonably available and affordable alternative product; and (ii) the declaration will not have an unreasonable impact on the event. (3) A declaration is a disallowable instrument. (4) In this section: government event means an event conducted by the Territory or a territory entity. prohibitable product means a product that may be, but is not, prescribed as a prohibited product for— (a) section 12 (1), definition of prohibited product, paragraph (a) (ii); or (b) section 13 (1), definition of prohibited plastic product, paragraph (a) (i) or (ii).

Part 3 Prohibited products Division 3.3 Supply of declared products at public events Section 22 page 16 Circular Economy Act 2023 Effective: 16/11/25 R3 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 22 Person must not supply declared product at public event (1) A person must not supply a declared product to another person at a declared public event. Maximum penalty: 50 penalty units. (2) An offence against this section is a strict liability offence. (3) In this section: declared product means a product the subject of a declaration made under section 21 (1). declared public event means an event the subject of a declaration made under section 21 (1).

Exemptions Part 4 Section 23 R3 16/11/25 Circular Economy Act 2023 Effective: 16/11/25 page 17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Exemptions 23 Minister may disapply Act for person or prohibited product (1) The Minister may, on application or on the Minister’s own initiative, declare that a provision of this Act does not apply (with or without conditions) in relation to— (a) a person; or (b) a prohibited product. (2) An application must include any information prescribed by regulation. (3) The Minister may make a declaration in relation to a provision of this Act only if satisfied that— (a) for subsection (1) (a)— (i) it is not reasonably practicable or in the public interest for the person to comply with the provision; or (ii) it is not consistent with the person’s human rights for the person to comply with the provision; and (b) disapplication of the provision will not have any significant adverse effect on public health, property or the environment. (4) A declaration is a disallowable instrument. (5) A declaration may commence on a day earlier than its notification day. (6) A person commits an offence if— (a) a declaration subject to a condition applies to the person or a prohibited product; and

Part 4 Exemptions Section 23 page 18 Circular Economy Act 2023 Effective: 16/11/25 R3 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) the person supplies a prohibited product in contravention of the condition. Maximum penalty: 50 penalty units. (7) An offence against subsection (6) is a strict liability offence.

Enforcement Part 5 Preliminary Division 5.1 Section 24 R3 16/11/25 Circular Economy Act 2023 Effective: 16/11/25 page 19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 5 Enforcement Division 5.1 Preliminary 24 Definitions—pt 5 In this part: authorised person means— (a) a person appointed as an authorised person under section 25; or (b) a person appointed as an investigator under the Fair Trading (Australian Consumer Law) Act 1992, section 36; or (c) a public health officer authorised under the Public Health Act 1997, section 12A (2) as an authorised officer for the Food Act 2001 or a provision of that Act. connected—a thing is connected with an offence if— (a) the offence has been committed in relation to it; or (b) it will provide evidence of the commission of the offence; or (c) it was used, is being used, or is intended to be used, to commit the offence. occupier, of premises, includes— (a) a person an authorised person believes on reasonable grounds to be an occupier of the premises; and (b) a person apparently in charge of the premises. offence includes an offence that there are reasonable grounds for believing has been, is being, or will be, committed.

Part 5 Enforcement Division 5.1 Preliminary Section 25 page 20 Circular Economy Act 2023 Effective: 16/11/25 R3 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au premises includes the following: (a) land (whether or not vacant); (b) any part of a building, tent, stall or other structure (whether of a permanent or temporary nature); (c) a vehicle. warrant means a warrant issued under division 5.5. 25 Appointment of authorised people The director-general may appoint a public servant as an authorised person for this Act. Note For laws about appointments, see the Legislation Act, pt 19.3. 26 Identity cards (1) The director-general must give an authorised person an identity card that— (a) states the authorised person’s name; and (b) states that the person is an authorised person; and (c) includes a recent photograph of the person; and (d) states the card’s date of issue and expiry; and (e) includes anything else prescribed by regulation. (2) A person must return their identity card to the director-general within 7 days after the day the person stops being an authorised person. Maximum penalty: 1 penalty unit. (3) Subsection (2) does not apply to a person if their identity card is— (a) lost or stolen; or

Enforcement Part 5 Exercise of powers generally Division 5.2 Section 27 R3 16/11/25 Circular Economy Act 2023 Effective: 16/11/25 page 21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) destroyed by someone else. Note The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58). (4) An offence against this section is a strict liability offence. Division 5.2 Exercise of powers generally 27 Requirements before certain powers can be exercised (1) This section applies if an authorised person intends to exercise any of the following powers: (a) giving a direction under section 29 (1) (Direction to give information); (b) giving a direction under section 30 (1) or (2) (Direction to give name and address); (c) entering premises under section 31 (1) (b) or (c) (Powers of authorised person to enter premises); (d) giving a direction under section 34 (1) (e) (General powers on entry to premises). (2) Before exercising the power, the authorised person must— (a) either— (i) show their identity card to the affected person; or (ii) if the authorised person intends to exercise the power other than in person—provide other evidence of the authorised person’s identity to the affected person; and (b) tell the affected person the reason for exercising the power; and

Part 5 Enforcement Division 5.2 Exercise of powers generally Section 28 page 22 Circular Economy Act 2023 Effective: 16/11/25 R3 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) tell the affected person about any relevant offence in relation to the power. Examples—exercise of powers other than in person 1 an authorised person emails a person giving them a direction to provide information 2 an authorised person emails a person asking for consent to enter and search the person’s premises using a remote-controlled surveillance device (3) The authorised person must ensure the matters mentioned in subsection (2) are communicated in a way that the authorised person believes the affected person is likely to understand. (4) In this section: affected person, in relation to the exercise of a power under this part, means— (a) the individual affected by the exercise of the power; or (b) if the person is not an individual—an employee, officer or agent of the person affected by the exercise of the power. relevant offence means an offence against— (a) for a direction under section 29 (1)—section 29 (2); or (b) for a direction under section 30 (1) or (2)—section 30 (3); or (c) for a direction under section 34 (1) (e)—section 34 (2). 28 Privilege against self-incrimination does not apply (1) If an authorised person gives a person a direction to provide information, a document or other thing under this part, the person is not excused from complying with the direction on the ground that doing so may— (a) tend to incriminate the person; or (b) expose the person to a penalty.

Enforcement Part 5 Power to obtain information Division 5.3 Section 29 R3 16/11/25 Circular Economy Act 2023 Effective: 16/11/25 page 23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) However, any information, document or thing obtained, directly or indirectly, because of the person’s compliance with the direction is not admissible in evidence against the person in a civil or criminal proceeding, other than a proceeding for an offence arising out of the false or misleading nature of the information, document or thing. Division 5.3 Power to obtain information 29 Direction to give information (1) An authorised person may, in writing, direct a relevant person to give the authorised person information, a document or other thing within a stated reasonable period if the information, document or thing is reasonably required by the authorised person for this Act. Note The Legislation Act, s 171 deals with the application of client legal privilege. (2) A relevant person must take reasonable steps to comply with the direction. Maximum penalty: 50 penalty units. (3) Subsection (2) does not apply to a relevant person unless the authorised person— (a) complies with section 27 (Requirements before certain powers can be exercised); and (b) explains the effect of section 28 (Privilege against self-incrimination does not apply). Note The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58). (4) In this section: beverage—see section 11. plastic product—see section 11.

Part 5 Enforcement Division 5.3 Power to obtain information Section 30 page 24 Circular Economy Act 2023 Effective: 16/11/25 R3 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au relevant person means— (a) a person to whom a waste reduction requirement or waste processing requirement applies; or (b) a person who supplies food or beverages in the ACT; or (c) a person who supplies or manufactures plastic products in the ACT; or (d) any other person prescribed by regulation. supply, a prohibited product to a person—see section 15. 30 Direction to give name and address (1) An authorised person may direct a person to state the person’s name and home address if the authorised person believes on reasonable grounds that the person— (a) is involved in the commission of an offence against this Act; or (b) may be able to assist in the investigation of an offence against this Act. (2) If the authorised person believes on reasonable grounds that information given in response to a direction under subsection (1) is false or misleading, the authorised person may direct the person to produce evidence of the correctness of the information within a stated reasonable period. (3) A person must comply with a direction given to the person under this section. Maximum penalty: 5 penalty units. Note It is an offence to make a false or misleading statement or give false or misleading information (see Criminal Code, pt 3.4). (4) An offence against this section is a strict liability offence.

Enforcement Part 5 Power to enter premises Division 5.4 Section 31 R3 16/11/25 Circular Economy Act 2023 Effective: 16/11/25 page 25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (5) Subsection (3) does not apply to a person unless the authorised person complies with section 27 (Requirements before certain powers can be exercised). Note The defendant has an evidential burden in relation to the matter mentioned in s (5) (see Criminal Code, s 58). Division 5.4 Power to enter premises 31 Powers of authorised person to enter premises (1) For this Act, an authorised person may— (a) at any reasonable time, enter premises that the public is entitled to use or that are open to the public (whether or not on payment of money); or (b) at any time, enter premises with the occupier’s consent; or (c) at any time, enter premises if the authorised person believes on reasonable grounds that— (i) an offence against this Act is being, or is likely to be, or has just been, committed at the premises; and (ii) the risk to the environment or public health resulting from the offence is so serious and urgent that immediate entry to the premises without the authority of a warrant is necessary; or (d) enter premises in accordance with a warrant. (2) However, subsection (1) (a) or (c) do not authorise entry into a part of the premises that is being used only for residential purposes. (3) If an authorised person wants to ask for consent to enter a building or other structure on the premises, the authorised person may, without the occupier’s consent, enter any land that forms part of the premises to ask for the consent.

Part 5 Enforcement Division 5.4 Power to enter premises Section 32 page 26 Circular Economy Act 2023 Effective: 16/11/25 R3 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) To remove any doubt, an authorised person may enter premises under subsection (1) without payment of an entry fee or other charge. (5) An authorised person may— (a) enter the premises with 1 or more people who, in the opinion of the authorised person, have knowledge or skills that could assist the authorised person to carry out their functions; and (b) if entering the premises in accordance with a warrant—also enter the premises with necessary force. 32 Obtaining consent to entry (1) For section 31 (1) (b), an authorised person must— (a) before asking the occupier for consent—tell the occupier— (i) the purpose of the proposed entry; and (ii) the reason for, and identity of, any other person accompanying the authorised person; and (iii) that anything found and seized under this part may be used in evidence in court; and (iv) that consent may be refused; and (b) if the occupier consents to the entry—give the occupier a written record confirming— (i) the matters mentioned in paragraph (a); and (ii) that the occupier was told about those matters; and (iii) the date and time when the consent was given. (2) A court must find that the occupier did not consent if— (a) a question arises, in a proceeding in the court, whether the occupier consented to the authorised person entering the premises under this part; and

Enforcement Part 5 Power to enter premises Division 5.4 Section 33 R3 16/11/25 Circular Economy Act 2023 Effective: 16/11/25 page 27 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) a record mentioned in subsection (1) (b) is not produced in evidence; and (c) it is not proved that the occupier consented to the entry. 33 Consent to enter taken to be given if premises entered under other Act An occupier of premises is taken to have given consent under this division for an authorised person to enter the premises if— (a) the occupier consents to an authorised person entering the premises under the Fair Trading (Australian Consumer Law) Act 1992 or the Food Act 2001; and (b) before obtaining the occupier’s consent, the authorised person told the occupier in writing that the authorised person intends to exercise a power under this division in relation to the premises. 34 General powers on entry to premises (1) An authorised person who enters premises under this division may do 1 or more of the following in relation to the premises or anything at the premises: (a) examine anything; (b) take a measurement or conduct a test; (c) take a sample; (d) take images, make audio or video recordings or any other kind of record; (e) if reasonably required for an authorised person to exercise a power under this division, direct the occupier of the premises, or anyone at the premises, to do 1 or more of the following: (i) give information, a document or other thing (including information, document or thing that is not at the premises);

Part 5 Enforcement Division 5.5 Warrants Section 35 page 28 Circular Economy Act 2023 Effective: 16/11/25 R3 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) produce a document or anything else (including a document or other thing that is not at the premises); (iii) answer a question; (iv) give the authorised person reasonable help to exercise a power under this part. Note The Legislation Act, s 171 deals with the application of client legal privilege. (2) A person must take all reasonable steps to comply with a direction given under subsection (1) (e). Maximum penalty: 50 penalty units. (3) Subsection (2) does not apply in relation to a direction given to a person under subsection (1) (e) (i), (ii) or (iii) unless, before giving the direction, the authorised person— (a) complies with section 27 (Requirements before certain powers can be exercised); and (b) explains the effect of section 28 (Privilege against self-incrimination does not apply) to the person. Note The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58). Division 5.5 Warrants 35 Definitions—div 5.5 In this division: remote application—see section 36 (3). warrant form—see section 39 (2). warrant terms—see section 38 (2).

Enforcement Part 5 Warrants Division 5.5 Section 36 R3 16/11/25 Circular Economy Act 2023 Effective: 16/11/25 page 29 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 36 Application for warrant (1) An authorised person may apply to a magistrate for a warrant to enter premises. (2) The application must— (a) be sworn; and (b) state the grounds on which the warrant is sought. (3) However, if the authorised person considers it necessary because of urgent or other special circumstances, the authorised person may make an application (a remote application) by— (a) preparing a written application stating the grounds on which a warrant is sought; and (b) applying to the magistrate for the warrant other than in person before the written application is sworn. 37 Magistrate may refuse to consider application for warrant until authorised person gives relevant information The magistrate may refuse to consider an application for a warrant made under section 36 until the authorised person gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. 38 Decision on application for warrant (1) If an application for a warrant is made under section 36, the magistrate may issue the warrant only if satisfied there are reasonable grounds for suspecting— (a) there is a particular thing or activity connected with an offence against this Act; and (b) the thing or activity— (i) is, or is being engaged in, at the premises; or

Part 5 Enforcement Division 5.5 Warrants Section 39 page 30 Circular Economy Act 2023 Effective: 16/11/25 R3 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) may be, or may be engaged in, at the premises within the next 14 days. (2) The warrant must include the following information (the warrant terms): (a) a statement that an authorised person may, with any necessary assistance and force, enter the premises and exercise the authorised person’s powers under this part; (b) details of the offence for which the warrant is issued; (c) the things that may be seized under the warrant; (d) the hours when the premises may be entered; (e) the date, within 14 days after the day of the warrant’s issue, when the warrant ends. 39 Warrant issued on remote application (1) A magistrate may issue a warrant on a remote application by— (a) immediately giving a written copy of the warrant to the authorised person if it is practicable to do so; or (b) if it is not practicable to do so—tell the authorised person the following: (i) the warrant terms; (ii) the date and time the warrant was issued. (2) If the magistrate issues a warrant under subsection (1) (b), the authorised person must complete a form of warrant (the warrant form) stating— (a) the magistrate’s name; and (b) the date and time the magistrate issued the warrant; and (c) the warrant terms.

Enforcement Part 5 Warrants Division 5.5 Section 40 R3 16/11/25 Circular Economy Act 2023 Effective: 16/11/25 page 31 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) The written copy of the warrant, or the warrant form properly completed by the authorised person, authorises the entry and the exercise of the authorised person’s powers under this division. (4) The authorised person must, as soon as is reasonably practicable— (a) swear the remote application; and (b) give the magistrate— (i) the sworn application; and (ii) if the authorised person completed a warrant form—the warrant form. (5) On receiving the documents mentioned in subsection (4) (b), the magistrate must attach them to the warrant. (6) A court must find that a power exercised by an authorised person was not authorised by a warrant under this section if— (a) a question arises in a proceeding before the court whether the exercise of the power was authorised by a warrant; and (b) the warrant is not produced in evidence; and (c) it is not proved that the exercise of the power was authorised by a warrant under this section. 40 Announcement before entry under warrant (1) Before anyone enters premises under a warrant, an authorised person must— (a) announce that the authorised person is authorised to enter the premises; and (b) give anyone at the premises an opportunity to allow entry to the premises; and (c) if the occupier of the premises is present at the premises— identify themself to the person.

Part 5 Enforcement Division 5.5 Warrants Section 41 page 32 Circular Economy Act 2023 Effective: 16/11/25 R3 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) The authorised person is not required to comply with subsection (1) if the authorised person believes on reasonable grounds that immediate entry to the premises is required to ensure— (a) the safety of anyone (including the authorised person or any person assisting the authorised person); or (b) that the effective execution of the warrant is not frustrated. 41 Warrant etc to be given to occupier If the occupier of premises is present at the premises while a warrant is being executed, the authorised person must give to the person— (a) a copy of— (i) the warrant; or (ii) if section 39 (1) (b) applies—the warrant form; and (b) a document setting out the rights and obligations of the person. 42 Occupier entitled to watch search etc (1) If the occupier of premises is present at the premises while a warrant is being executed, the person is entitled to watch the authorised person, and any person assisting the authorised person, conduct any search and exercise any other power authorised by the warrant. (2) However, the person is not entitled to watch the authorised person or a person assisting the authorised person, exercise their powers if— (a) to do so would interfere with the powers being exercised; or (b) the person is under arrest, and allowing the person to watch the powers being exercised would interfere with the objective of the warrant. (3) This section does not prevent an authorised officer exercising powers under this part in 2 or more areas of the premises at the same time.

Enforcement Part 5 Power to seize things Division 5.6 Section 43 R3 16/11/25 Circular Economy Act 2023 Effective: 16/11/25 page 33 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 5.6 Power to seize things 43 Authorised person may seize things at premises (1) An authorised person who enters premises under this part— (a) may seize anything at the premises if satisfied on reasonable grounds that— (i) the thing is connected with an offence against this Act; and (ii) the seizure is necessary to prevent the thing from being— (A) concealed, lost or destroyed; or (B) used to commit, continue or repeat the offence; and (b) if the premises were entered with the occupier’s consent—may also seize anything at the premises if seizure of the thing is consistent with the purpose of the entry told to the occupier when seeking the occupier’s consent; and (c) if the premises were entered under a warrant—may also seize anything at the premises that the authorised person is authorised to seize under the warrant. (2) Having seized a thing, the authorised person may— (a) remove the thing from the premises where it was seized to another place; or (b) leave the thing at the premises where it is seized and restrict access to it. Note If an authorised person seizes a thing, the authorised person must give a receipt for it to the person from whom it was seized (see s 47). (3) If access to a seized thing is restricted under subsection (2) (b), the authorised person must secure, in a conspicuous place at the premises, a notice identifying that the thing is seized.

Part 5 Enforcement Division 5.6 Power to seize things Section 44 page 34 Circular Economy Act 2023 Effective: 16/11/25 R3 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 44 Moving things to another place for examination or processing under warrant (1) A thing found at premises entered under a warrant may be moved to another place for examination or processing to decide whether it may be seized under the warrant if— (a) both of the following apply: (i) there are reasonable grounds for believing that the thing is or contains something to which the warrant relates; (ii) it is significantly more practicable to do so taking into account the timeliness and cost of examining or processing the thing at another place and the availability of expert assistance; or (b) the occupier of the premises agrees in writing. (2) The thing may be moved to another place for examination or processing for not longer than 72 hours. (3) An authorised person may apply to a magistrate for an extension of time if the authorised person believes on reasonable grounds that the thing cannot be examined or processed within 72 hours. (4) The authorised person must give notice of the application to the occupier of the premises, and the occupier is entitled to be heard on the application. (5) If a thing is moved to another place under this section, the authorised person must, if practicable— (a) tell the person from whom the thing was seized the address of the place where, and time when, the examination or processing will be carried out; and (b) allow the person from whom the thing was seized or their representative to be present during the examination or processing.

Enforcement Part 5 Power to seize things Division 5.6 Section 45 R3 16/11/25 Circular Economy Act 2023 Effective: 16/11/25 page 35 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (6) The provisions of this part relating to the issue of warrants apply, with any necessary changes, to the giving of an extension under subsection (3). 45 Owner etc may access seized things A person who would, apart from the seizure, be entitled to inspect a thing seized under this division may— (a) inspect the thing; and (b) make a visual recording of the thing; and (c) if the thing is a document—take extracts from, or make copies of, the thing. 46 Person must not interfere with seized things (1) A person commits an offence if— (a) a thing has been seized under this division; and (b) the person interferes with the thing, or anything containing the thing; and (c) the person does not have the approval of an authorised person to interfere with the thing. Maximum penalty: 50 penalty units. (2) An offence against this section is a strict liability offence. 47 Authorised person must give receipt for seized things (1) If an authorised person seizes a thing under this division, the authorised person must— (a) as soon as practicable after seizing the thing, give the person from whom the thing was seized a receipt for the thing; or

Part 5 Enforcement Division 5.6 Power to seize things Section 48 page 36 Circular Economy Act 2023 Effective: 16/11/25 R3 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) if complying with paragraph (a) is not practicable—secure a receipt for the thing in a conspicuous place at the premises where the thing was seized. (2) A receipt must include the following information: (a) a description of the thing seized; (b) the reasons why the thing was seized; (c) the authorised person’s name, and how the authorised person can be contacted; (d) if the thing is moved from the premises where it was seized— where the thing will be taken. 48 Return of seized things (1) A thing seized under this division must be returned to its owner, or reasonable compensation must be paid to the owner by the Territory for the loss of the thing, if— (a) an infringement notice for an offence connected with the thing is not served on the owner within 1 year after the day of the seizure and either— (i) a prosecution for an offence connected with the thing is not started within the 1-year period; or (ii) a prosecution for an offence connected with the thing is started within the 1-year period but the person is not convicted or found guilty; or (b) an infringement notice for an offence connected with the thing is served on the owner within 1 year after the day of the seizure and— (i) the infringement notice is withdrawn; and

Enforcement Part 5 Power to seize things Division 5.6 Section 48 R3 16/11/25 Circular Economy Act 2023 Effective: 16/11/25 page 37 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) either— (A) a prosecution for an offence connected with the thing is not started within 1 year after the day of the seizure; or (B) a prosecution for an offence connected with the thing is started within 1 year after the day of the seizure but the person is not convicted or found guilty; or (c) an infringement notice for an offence connected with the thing is served on the owner within 1 year after the day of the seizure and— (i) the owner gives notice disputing liability for the offence in accordance with the Magistrates Court Act 1930, section 132 (Disputing liability for infringement notice offence); and (ii) either— (A) an information is not laid in the Magistrates Court against the person for the offence within 60 days after the day the notice is given; or (B) an information is laid in the Magistrates Court against the person for the offence within 60 days after the day the notice is given but the person is not convicted or found guilty. (2) However, subsection (1) does not apply if— (a) the thing seized is a prohibited product; or (b) a prosecution for an offence connected with the thing is started within 1 year after the day the thing is seized and— (i) the thing is required to be produced in evidence in the prosecution; and

Part 5 Enforcement Division 5.6 Power to seize things Section 49 page 38 Circular Economy Act 2023 Effective: 16/11/25 R3 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) the prosecution (including any appeal) has not been finalised; and (iii) for subsection (1) (c) (ii) (B)—the proceeding is discontinued under the Magistrates Court Act 1930, section 134 (3); or (c) a court has made an order under a territory law that the thing is forfeited to the Territory or must be otherwise dealt with. (3) If anything seized under this division is not required to be returned or reasonable compensation is not required to be paid under subsection (1), the thing— (a) is forfeited to the Territory; and (b) the director-general may direct that the thing be sold, destroyed or otherwise disposed of. (4) In this section: prohibited product—see section 12 (1). 49 Order disallowing seizure (1) If a thing is seized under this division, a person claiming to be entitled to the thing may apply to the Magistrates Court for an order disallowing the seizure. (2) The application— (a) must be made not later than 10 days after the day the thing is seized; and (b) must not be heard unless the applicant has served a copy of the application on the director-general. (3) The director-general is entitled to appear as a respondent at the hearing of the application.

Enforcement Part 5 Miscellaneous Division 5.7 Section 50 R3 16/11/25 Circular Economy Act 2023 Effective: 16/11/25 page 39 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) The court must make an order disallowing the seizure of the thing if satisfied that— (a) the applicant would, apart from the seizure, be entitled to the return of the seized thing; and (b) the thing is not connected with an offence against this Act; and (c) possession of the thing by the person would not be an offence. (5) The court may also make an order disallowing the seizure if satisfied there are exceptional circumstances justifying the making of the order. (6) If the court makes an order disallowing the seizure, the court may make 1 or more of the following ancillary orders: (a) an order directing the director-general to return the thing to the applicant or to someone else who appears to be entitled to it; (b) if the thing cannot be returned or has depreciated in value because of the disallowed seizure—an order directing the Territory to pay reasonable compensation; (c) an order about costs in relation to the application. Division 5.7 Miscellaneous 50 Damage etc to be minimised (1) In the exercise, or purported exercise, of a function under this part, an authorised person must take all reasonable steps to ensure that the authorised person, and any person assisting the authorised person, causes as little inconvenience, detriment and damage as is practicable. (2) If an authorised person, or a person assisting an authorised person, damages anything in the exercise or purported exercise of a function under this part, the authorised person must give written notice of the particulars of the damage to the person whom the authorised person believes on reasonable grounds is the owner of the thing.

Part 5 Enforcement Division 5.7 Miscellaneous Section 51 page 40 Circular Economy Act 2023 Effective: 16/11/25 R3 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) If the damage happens at premises entered under this part in the absence of the occupier, the notice may be given by leaving it secured in a conspicuous place at the premises. 51 Compensation for exercise of enforcement powers (1) A person may claim compensation from the Territory if the person suffers loss or expense because of the exercise, or purported exercise, of a function under this part by— (a) an authorised person; or (b) a person assisting an authorised person. (2) Compensation may be claimed and ordered in a proceeding for— (a) compensation brought in a court of competent jurisdiction; or (b) an offence against this Act brought against the person making the claim for compensation. (3) A court may order the payment of reasonable compensation for the loss or expense only if satisfied it is just to make the order in the circumstances of the particular case. (4) A regulation may prescribe matters that may, must or must not be taken into account by the court in considering whether it is just to make the order.

Reviewable decisions Part 6 Section 52 R3 16/11/25 Circular Economy Act 2023 Effective: 16/11/25 page 41 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 6 Reviewable decisions 52 Definitions—pt 6 (1) In this part: affected person means a person given a notice to dispose of a prohibited product under section 19 (2). reviewable decision means a decision under section 19 (2) to give an affected person a notice requiring the affected person to dispose of a prohibited product. (2) In this section: prohibited product—see section 12 (1). 53 Reviewable decision notices If an authorised person makes a reviewable decision, the person must give a reviewable decision notice to the affected person in relation to the decision. Note 1 The person must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). Note 2 The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008. 54 Applications for review The following people may apply to the ACAT for review of a reviewable decision: (a) the affected person; (b) any other person whose interests are affected by the decision.

Part 7 Miscellaneous Section 55 page 42 Circular Economy Act 2023 Effective: 16/11/25 R3 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 7 Miscellaneous 55 Applying, adopting or incorporating documents in regulation and instruments (1) A regulation or instrument may apply, adopt or incorporate (with or without change or modification)— (a) a law or an Australian Standard as in force from time to time; or (b) another instrument as in force from time to time. (2) The Legislation Act, section 47 (5) and (6) do not apply to a document applied, adopted or incorporated under subsection (1). (3) The director-general must ensure that an instrument that is applied, adopted or incorporated under subsection (1) is— (a) available for inspection by anyone without charge during ordinary business hours at an ACT government office; or (b) accessible on an ACT government website, or by a link on an ACT government website. (4) An instrument that is applied, adopted or incorporated under subsection (1) is not enforceable by or against the Territory or anyone else unless it is made accessible in accordance with subsection (3). 56 Regulation-making power (1) The Executive may make regulations for this Act. (2) A regulation may create offences and fix maximum penalties of not more than 50 penalty units for the offences.

Dictionary R3 16/11/25 Circular Economy Act 2023 Effective: 16/11/25 page 43 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary (see s 3) Note The Legislation Act contains definitions relevant to this Act. For example: • magistrate • Minister (see s 162) • public notice • the Territory. affected person, for part 6 (Reviewable decisions)—see section 52. authorised person, for part 5 (Enforcement)—see section 24. beverage, for part 3 (Prohibited products)—see section 11. business, for part 2 (Waste reduction measures)—see section 7. connected, for part 5 (Enforcement)—see section 24. occupier, of premises, for part 5 (Enforcement)—see section 24. offence, for part 5 (Enforcement)—see section 24. plastic means material made from, or containing, organic polymers from plant extracts or fossil fuels. plastic product, for part 3 (Prohibited products)—see section 11. premises, for part 5 (Enforcement)—see section 24. prohibited plastic product, for part 3 (Prohibited products)—see section 13 (1). prohibited product, for part 3 (Prohibited products)—see section 12 (1). remote application, for division 5.5 (Warrants)—see section 36 (3). reviewable decision, for part 6 (Reviewable decisions)—see section 52. single-use, in relation to a plastic product, for part 3 (Prohibited products)—see section 14 (1).

Dictionary page 44 Circular Economy Act 2023 Effective: 16/11/25 R3 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au supply, a prohibited product to a person, for part 3 (Prohibited products)—see section 15. warrant, for part 5 (Enforcement)—see section 24. warrant form, for division 5.5 (Warrants)—see section 39 (2). warrant terms, for division 5.5 (Warrants)—see section 38 (2). waste—see the Waste Management and Resource Recovery Act 2016, section 10. waste processing requirement—see section 9 waste reduction requirement—see section 8.

Endnotes About the endnotes 1 R3 16/11/25 Circular Economy Act 2023 Effective: 16/11/25 page 45 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired

Endnotes 3 Legislation history page 46 Circular Economy Act 2023 Effective: 16/11/25 R3 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history Circular Economy Act 2023 A2023-39 notified LR 8 November 2023 s 1, s 2 commenced 8 November 2023 (LA s 75 (1)) remainder commenced 9 November 2023 (s 2) as amended by Statute Law Amendment Act 2025 A2025-29 sch 3 pt 3.15 notified LR 6 November 2025 s 1, s 2 commenced 6 November 2025 (LA s 75 (1)) sch 3 pt 3.15 commenced 16 November 2025 (s 2 (1)) 4 Amendment history Commencement s 2 om LA s 89 (4) Applying, adopting or incorporating documents in regulation and instruments s 55 hdg sub A2025-29 amdt 3.46 s 55 am A2025-29 amdts 3.47-3.51; pars renum R3 LA Repeals pt 8 hdg om LA s 89 (3) Legislation repealed s 57 om LA s 89 (3) Transitional pt 9 hdg exp 9 November 2023 (s 61) Meaning of commencement day—pt 9 s 58 exp 9 November 2023 (s 61) Disapplication of s 16 (1) requirements for certain regulations s 59 exp 9 November 2023 (s 61) Disapplication of s 21 (2) requirements for certain declarations s 60 exp 9 November 2023 (s 61) Expiry—pt 9 s 61 exp 9 November 2023 (s 61)

Endnotes Earlier republications 5 R3 16/11/25 Circular Economy Act 2023 Effective: 16/11/25 page 47 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R1 9 Nov 2023 9 Nov 2023– 9 Nov 2023 not amended new Act R2 10 Nov 2023 10 Nov 2023– 15 Nov 2025 not amended expiry of transitional provisions (pt 9) 6 Expired transitional or validating provisions This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)). Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry. To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act. © Australian Capital Territory 2025

Practical steps for businesses and suppliers

Watch the Gazette and Ministerial notices: The Act requires public notices before regulations prescribing waste requirements or prohibited products are made (ss 10, 16). Those notices will include the proposed requirements, reasons, and a 12‑week submissions window. Businesses should monitor official channels to participate in consultation and to understand the timetable for compliance.
Review product lines for potential prohibited status: Use the Act’s tests,single‑use by design (s 14), degradability/compostability under the referenced Australian Standards (s 13(2)), and the circular‑economy alternative test (s 12(2)),to map which products in your portfolio could be targeted by regulation. Packaging and ancillary items provided with goods are in scope due to the supply definition (s 15(c)(i)(A)-(B)).
Prepare to implement or produce waste reduction plans: If regulations are made under s 8, businesses may be required to prepare waste reduction plans and keep records. Even before regulations are made, consider preparing internal waste reduction strategies, metrics and record‑keeping systems that can be rapidly adapted to formal requirements.
Implement sorting and disposal systems: Regulations under s 9 may require on‑site sorting and specified disposal pathways. Establish sorting infrastructure, staff training, contractor arrangements with waste management providers, and reporting processes to satisfy both operational and regulatory reporting obligations.
Strengthen compliance processes to address strict liability risks: Because many offences are strict liability (e.g. s 17, s 19(6), s 22(2)), establish compliance systems to prevent inadvertent supply of prohibited products. This includes supplier contracts, procurement checks, stock audits, labelling and point‑of‑sale controls.
Document decisions and communications: Keep records of supplier communications, procurement choices, retained inventories and any written advice sought. Documentation will be important if a disposal notice is issued or if an authorised person seeks information under s 29. Records will also assist in showing a systemic compliance approach if enforcement action arises.
Prepare for authorised person interactions: Train staff on how to respond to authorised persons. Section 27 requires authorised persons to show identity or provide evidence of identity, tell the reason for the power and tell the affected person about relevant offences before exercising certain powers. Ensure staff understand consent procedures under s 32, what to expect during a warrant execution or entry, the obligation to provide name and address under s 30, and how to preserve documents or evidence.
Be careful with compelled information: If an authorised person issues a written direction under s 29, recognise that privilege against self‑incrimination does not excuse compliance (s 28). However, compelled information is generally not admissible in later proceedings except for false statements. Consider obtaining legal advice before providing complex or potentially incriminating material.
Use the consultation and review mechanisms: If regulations or declarations are proposed, make written submissions in the consultation windows (s 10, s 16). If issued a disposal notice, note it is a reviewable decision and ACAT review is available (ss 19(2), 53-54). Timely action,either complying with a reasonable disposal method or seeking ACAT review,affects whether an authorised person may remove and dispose of products under s 20.
Consider applying for exemptions where applicable: Section 23 allows the Minister to disapply parts of the Act for a person or a prohibited product, on application or on the Minister’s initiative. Applications must include information prescribed by regulation (s 23(2)). Grounds include impracticability, human rights considerations, and that disapplication will not have significant adverse effects (s 23(3)). If seeking an exemption, provide robust evidence on practicability, financial and operational impact, and public health/environmental effects.
Incorporate Australian Standards vigilance: Where product compliance depends on being compostable under AS 4736 or home‑compostable under AS 5810 (s 13(2)), obtain certifications and maintain documentation. Recognise that standards may be adopted as in force from time to time by regulation (s 55) and plan for keeping certificates and product testing current.
Manage events supply and procurement: For event organisers, check whether Ministerial declarations under s 21 apply to your event or product categories. For non‑government events a minimum three‑month lead time applies and the Minister must be satisfied an affordable alternative exists and the declaration will not unreasonably impact the event (s 21(2)).

Financial and operational preparation

Budget for record‑keeping and reporting systems, potential product substitution costs, staff training, and capital investment in sorting/processing equipment if regulations under ss 8-9 are enacted.
Consider contract clauses with suppliers to transfer compliance obligations and warranties about non‑use or non‑supply of regulated prohibited products.
Maintain insurance and prepare to claim compensation where authorised action causes loss (s 51), but note recovery is discretionary and requires court orders in some cases.

Engage legal and technical advice

Seek legal advice before responding to directions under ss 29 and 30, when preparing ACAT applications, or when challenged by enforcement action.
Obtain technical verification for compostability or degradability claims in line with the Australian Standards referenced by the Act (s 13(2)).
For product labelling and marketing, ensure representations do not cross into the s 18 offence rubric (intentionally or recklessly representing a prohibited product as not prohibited).

By monitoring consultations, preparing systems now for likely regulatory obligations, documenting supplier and procurement choices, and training staff in responding to authorised persons, businesses and other affected persons can reduce enforcement risk and be ready to comply promptly if regulations are made under the Act.

Circular Economy Act 2023

Plain English Summary

Deep Dive

What it does

Current sections

Circular Economy Act 2023

Source text: opening excerpt

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply