Retailer must make alternative bags available during phase out period
55 Retailer must make alternative bags available during phase out period
(1) A retailer commits an offence if, during the phase out period, the retailer:
(a) makes a prohibited plastic bag available to a customer for carrying goods purchased, or to be purchased, from the retailer; and
(b) is not able to provide an alternative bag to the customer on the customer's request.
Maximum penalty: 50 penalty units.
(2) An offence against subsection (1) is an offence of strict liability.
(3) It is a defence to a prosecution for an offence against subsection (1) if the defendant has a reasonable excuse.
(4) Subsection (1) does not prevent a retailer from charging a customer a fee for an alternative bag.
In this section:
alternative bag means any of the following:
a biodegradable bag;
(b) a carry bag designed to be used on a regular basis over a period of 2 years;
a carry bag of a kind prescribed by regulation.
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