Waste Reduction and Recycling Act 2011

A banned single-use plastic item is a single-use plastic item that—

is—

a plate; or

a bowl; or

an item of cutlery; or

a straw; or

a stirrer; or

a takeaway food container made, in whole or part, of expanded polystyrene (EPS); or

a cup made, in whole or part, of expanded polystyrene (EPS); or

is prescribed by regulation to be a banned single-use plastic item.

However, a single-use plastic item that is prescribed by regulation not to be a banned single-use plastic item is not a banned single-use plastic item.

The Minister may recommend to the Governor in Council the making of a regulation under subsection (1)(b) or (2) about whether or not a single-use plastic item is a banned single-use plastic item (a proposed change) only after—

carrying out consultation with the public about the proposed change; and

considering all of the following—

the results of the public consultation about the proposed change;

whether making the proposed change is likely to achieve the objects of this part;

whether voluntary or other measures to achieve the objects of this part have been shown not to be effective;

if the proposed change is to prescribe a single-use plastic item to be a banned single-use plastic item—

the availability of alternative products to the single-use plastic item; and

whether the costs of monitoring, enforcement and market development are proportional to the benefits of the proposed change.

In this section—

means utensils for eating food; and

includes chopsticks, splayds and sporks.