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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).
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contents 1
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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
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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
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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
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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
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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
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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
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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
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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
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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
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(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
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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
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(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
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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
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(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
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(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
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(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
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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
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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
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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
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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
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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
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(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
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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
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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
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(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
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(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
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(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
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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
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(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
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(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
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(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
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(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
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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
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(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
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(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
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(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
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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
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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
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(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
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(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
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(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
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(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
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(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
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(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
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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
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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
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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
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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
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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
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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)