3164GOVERNMENT GAZETTE, WA 3 June 2022

3164 GOVERNMENT GAZETTE, WA 3 June 2022 14. Regulations 3B to 3D inserted At the end of Part 1 insert: 3B. Prescribed plastic bag (1) A prescribed plastic bag is a carry bag with handles that is made wholly or partly from plastic and is designed to convey goods purchased from a retailer. (2) Without limiting subregulation (1), prescribed plastic bag includes a bag referred to in that subregulation that is — (a) made wholly or partly of degradable, oxo-degradable, biodegradable or compostable plastic; or (b) made from plastic-laminated paper or plastic-laminated cardboard. (3) Despite subregulations (1) and (2), prescribed plastic bag does not include — (a) a barrier bag; or (b) an unsealed bag that is the packaging in which perishable food is offered for sale; or (c) a bag that is, or is an integral part of, the packaging in which goods are sealed for sale; or (d) a shopping bag that is made from 1 or more of the following fabrics (whether or not mixed with a fabric that is not made from plastic) — (i) woven polypropylene (whether or not it is insulated for the purpose of keeping items cold); (ii) nylon; (iii) polyester; or (e) a shopping bag that is made from non-woven polypropylene (whether or not mixed with a fabric that is not made from plastic) if — (i) the bag has sewn, rather than heat-welded, seams; and (ii) the fabric has a minimum weight of 90 grams per square metre measured as a single layer of fabric.

3 June 2022 GOVERNMENT GAZETTE, WA 3165 3C. Conducting business or undertaking Without limitation, a person conducts a business or undertaking — (a) whether the person conducts the business or undertaking alone or with others; and (b) whether or not the business or undertaking is conducted for profit or gain. 3D. Regulations apply to supplies that occur wholly in the State These regulations apply to the supply of a prescribed plastic bag, prescribed plastic item or prescribed drinking straw only if both the supplier and the person supplied are in the State. 15. Part 3 replaced Delete Part 3 and insert: Part 3 — Offences relating to plastic items Division 1 — Prescribed plastic items 7. Offence to supply prescribed plastic item (1) A person must not, in the course of conducting a business or undertaking, supply a prescribed plastic item. (2) Subregulation (1) does not apply to the supply of a prescribed plastic item if the item — (a) forms part of, is attached to, or is inside the sealed packaging of, a pre-packaged food or drink product; or (b) is a tray made from expanded polystyrene that is used solely as packaging for raw meat or seafood. Note for this subregulation: The following are examples for paragraph (a): (a) a spoon attached to, or sealed inside, a pre-packaged yoghurt container; (b) a fork attached to, or sealed inside, a pre-packaged instant noodle packet; (c) a bowl that forms part of a pre-packaged instant noodle packet; (d) a plate sealed inside a pre-packaged frozen meal.