sec.99GDRestriction on sale of banned single-use plastic items

### sec.99GD Restriction on sale of banned single-use plastic items A person who conducts a business or undertaking must not, in the course of conducting the business or undertaking, sell a banned single-use plastic item to another person. Maximum penalty—50 penalty units. However, subsection (1) does not apply to the sale of a banned single-use plastic item— by or to a person who conducts an exempt business or undertaking; or if the person selling the item reasonably believes the sale is a step in a supply chain for the supply of the item to a person who conducts an exempt business or undertaking. A manufacturer may sell plastic straws to a distributor if the manufacturer reasonably believes the sale of the straws is a step in a supply chain for the supply of the straws to a pharmacy. In this section— exempt business or undertaking means— a community corrections office under the Corrective Services Act 2006 ; or a corrective services facility under the Corrective Services Act 2006 ; or a healthcare business or undertaking; or a school; or a business or undertaking, prescribed by regulation for this definition, that involves the sale or supply of banned single-use plastic items for use by persons with a disability or healthcare needs. healthcare business or undertaking means any of the following businesses or undertakings (however called)— a clinic or facility that provides care to persons with a disability or healthcare needs; a dental clinic; a hospital; a medical clinic; a medical supply business or undertaking; a pharmacy; a business or undertaking that is substantially similar to a business or undertaking mentioned in any of paragraphs (a) to (f) . s 99GD ins 2021 No. 5 s 5 amd 2023 No. 6 s 129 (sec.99GD-ssec.1) A person who conducts a business or undertaking must not, in the course of conducting the business or undertaking, sell a banned single-use plastic item to another person. Maximum penalty—50 penalty units. (sec.99GD-ssec.2) However, subsection (1) does not apply to the sale of a banned single-use plastic item— by or to a person who conducts an exempt business or undertaking; or if the person selling the item reasonably believes the sale is a step in a supply chain for the supply of the item to a person who conducts an exempt business or undertaking. A manufacturer may sell plastic straws to a distributor if the manufacturer reasonably believes the sale of the straws is a step in a supply chain for the supply of the straws to a pharmacy. (sec.99GD-ssec.3) In this section— exempt business or undertaking means— a community corrections office under the Corrective Services Act 2006 ; or a corrective services facility under the Corrective Services Act 2006 ; or a healthcare business or undertaking; or a school; or a business or undertaking, prescribed by regulation for this definition, that involves the sale or supply of banned single-use plastic items for use by persons with a disability or healthcare needs. healthcare business or undertaking means any of the following businesses or undertakings (however called)— a clinic or facility that provides care to persons with a disability or healthcare needs; a dental clinic; a hospital; a medical clinic; a medical supply business or undertaking; a pharmacy; a business or undertaking that is substantially similar to a business or undertaking mentioned in any of paragraphs (a) to (f) . - (a) by or to a person who conducts an exempt business or undertaking; or - (b) if the person selling the item reasonably believes the sale is a step in a supply chain for the supply of the item to a person who conducts an exempt business or undertaking. Example for paragraph (b) — A manufacturer may sell plastic straws to a distributor if the manufacturer reasonably believes the sale of the straws is a step in a supply chain for the supply of the straws to a pharmacy. - (a) a community corrections office under the Corrective Services Act 2006 ; or - (b) a corrective services facility under the Corrective Services Act 2006 ; or - (c) a healthcare business or undertaking; or - (d) a school; or - (e) a business or undertaking, prescribed by regulation for this definition, that involves the sale or supply of banned single-use plastic items for use by persons with a disability or healthcare needs. - (a) a clinic or facility that provides care to persons with a disability or healthcare needs; - (b) a dental clinic; - (c) a hospital; - (d) a medical clinic; - (e) a medical supply business or undertaking; - (f) a pharmacy; - (g) a business or undertaking that is substantially similar to a business or undertaking mentioned in any of paragraphs (a) to (f) .