This table summarises the key issues raised by stakeholders during the public consultation on the draft Single-use and Other Plastic Products (Waste Avoidance) (Prohibited Plastic Products) Amendment Regulations 2024 (SUP Amendment Regulations) conducted between 18 December 2023 and 11 February 2024.
The changes made to SUP Amendment Regulations and the reasons for the changes are provided below.
| Item/issue | Changes |
| Plastic shopping bags | |
| Reusable plastic film shopping bag standard | No change – reusable plastic film shopping bags will not be permitted Creating an effective reusable plastic bag standard that dictates minimum percentage of domestic Australian recycled plastic and has a minimum price applied is not possible by regulation under the SUP Act. |
| Plastic shopping bags reused by charity shops | A temporary exemption until 31 August 2027 applies to plastic film shopping bags used to donate goods to charitable organisations after 1 September 2024. The donated plastic shopping bag may be reused for items purchased or supplied from a thrift or other charitable retail outlet run by the organisation. Charities will not be permitted to purchase or supply new plastic shopping bags for thrift or retail outlets. By September 2027, it is expected that the number of plastic film bags still being used to donate goods will have significantly decreased and the exemption will no longer be required. |
| Plastic barrier bags | |
| Use of Australian Standard (AS) certified compostable bags for fruit, vegetables, nuts, confectionery, meat, poultry, dairy and fish | No change to implementation date for AS certified compostable bags for fruit, vegetables, nuts and confectionery from 1 September 2024 There was strong support for this regulation with many businesses having already made this change. 12-month delay for implementation date for AS certified compostable bags for meat, poultry, dairy and fish until 1 September 2025 Industry and businesses have requested additional time to research and test AS certified compostable bags for use with these products. Not all compostable bags are compatible with these types of wet protein. Definition of fish expanded to include crustaceans and molluscs to close a loophole for other seafood products. AS certified compostable barrier bags must be clearly labelled compostable for the exemption to apply. |
| Plastic food bag tags | |
| Draft amendment regulations referred to ‘bread bag tags’ | Change name from ‘bread bag tag’ to ‘food bag tag’ Submissions highlighted the confusion created by using one product in the name but including other food products in the scope of the ban i.e. a tag intended to hold close a bread bag or other food product bag. |
| Use of plastic food bag tags to close heavy bags of vegetables (e.g. potatoes and carrots) | New exemption for plastic food bag tags used to close bags of potatoes and carrots weighing 2kg or greater until 1 September 2029 Industry representatives made clear that fibre-based tags are not suitable for weights of 2kg or greater or in damp storage conditions. Changing packing technology will require significant capital investment and will take some years to occur. A time-limited exemption would allow producers to investigate alternative technologies and make changes to packing lines. |
| Plastic confetti, plastic balloon sticks and ties | |
| There were no submissions or responses which raised any issues with the intent of the ban for these products or with the definitions in the amendment regulations. | No changes |
| EPS trays and other retail food containers | |
| There were no submissions or responses which raised any material issues with the intent of the ban for these products or with the definitions in the amendment regulations. | No changes |
| Labelling requirements for Australian Standard (AS) certified food and beverage containers | |
| Requests for additional time (12-24 months) to meet the requirement for labelling AS certified food and beverage containers. | Delay to labelling requirements for AS certified compostable food and beverage containers until 1 March 2026 There will be an 18-month transition period from the commencement of the regulations will allow for industry and business to ensure that all AS certified compostable food and beverage containers are clearly labelled. Councils, the waste industry and consumers strongly supported the labelling requirements to ensure that compostable food and beverage containers were placed in green organic bins after use and assist businesses with purchasing compliant items. |
| Labelling or moulding compostable information on small food and beverage items | New exemption from labelling requirements for lids less than 70mm in diameter and containers less than 60mL by volume Industry confirmed that these exemptions capture the most difficult items to clearly mark. |
| Australian Standard (AS) certification for food and beverage containers | |
| Requests for additional time (12-24 months) to meet the requirement for AS certified compostable food and beverage containers. | Delay to requirements for compostable food and beverage containers to be certified to AS, allowing European and US certified products until 1 March 2026 From 1 September 2024, all food and beverage containers must be certified compostable or in the process of achieving AS certification. |
| Requests for transitional exemptions for products certified to European and/or US composting standards | There will be an 18-month transition period from the commencement of the regulations will allow for industry and business finalise AS certification processes already underway and to meet any initial shortfalls with containers certified to ATSM 6400 (US Standard), EN 13432, TUV OK compost INDUSTRIAL or TUV OK compost HOME while transitioning to only AS certified compostable food and beverage containers. While clear labelling is encouraged and businesses should be implementing these changes as soon as practicable, it is not required under the regulations until 1 March 2026. From 1 March 2026, only AS certified compostable food and beverage containers that are clearly marked will be exempt. |
| Hot and cold beverage cups and their lids | |
| Inclusion of soup in the definition of hot beverage | Change to definition of hot beverage to remove reference to soup Reduce confusion for industry who consider soup a food and not a beverage. |
| Stickers and tape used to prevent spillage during delivery | Change to definition of beverage plug as an object that is inserted into a lid Change to definition of beverage cup lid to indicate that the film lid must cover the whole top of the cup These changes clarify that stickers and tape that may be used on lids for both hot and cold beverages to prevent spillage during delivery are not prohibited plastic products under the SUP Act. |
| Food containers | |
| Limitations for compostable plastic containers used in environments greater than 60°C or used to contain very hot foods or liquids during delivery | New exemption for transparent square or rectangular plastic food containers with a detachable lid made wholly from polypropylene (PP) or polyethylene terephthalate (PET) until 1 September 2029. Provides an exemption for a suitable single-use plastic container that is 100% recyclable in yellow kerbside bins. The exemption provides for:
From 1 September 2024, mixed packaging of conventional PP or PET lids and compostable bases/containers will not be permitted for ready-to-eat takeaway foods. This prevents users from having to separate the lid from the base before disposing (lid to yellow recycling bin and base to green organics bin) as this is likely to lead to contamination of both yellow recycling and green organics bins. |
| Lack of transparency and effective moisture barriers for compostable plastic containers | |
| Seeking an exemption for catering platters provided at event or functions | New exemption for catering platters used at a function or an event Provides an exemption for a single-use catering platter - a food container that is designed or intended to be used to contain multiple serves of food for the purposes of catering at a function or event, and includes any lid for the container (whether separate or attached to the container) |
| Plastic lined paper/cardboard lids used with aluminium foil containers (e.g. Meals on Wheels in SA) | New exemption for a paper or cardboard lid lined or coated with plastic that is designed or intended to be used with an aluminium foil food container used for ready-to-eat food |
| Produce stickers | |
| No Australian Standard (AS) certified compostable produce stickers | New exemption for produce stickers certified to European or US composting standards until 1 September 2028 Allows produce stickers certified compostable to ATSM 6400 (US Standard), EN 13432, TUV OK compost INDUSTRIAL or TUV OK compost HOME as a transitional solution while AS certification is achieved for produce stickers. Ban on non-compostable produce stickers will still come into effect on 1 September 2025. |
| Lack of produce stickers with certified compostable adhesive | |
| Soy sauce fish | |
| There were no submissions or responses which raised any issues with the intent of the ban for this product or with the definition in the amendment regulations. | No changes |
| Removal of exemptions for attached cutlery and EPS pre-packaged goods | |
| There were no submissions or responses which raised any issues with the intent of the ban for these products or with the definitions in the amendment regulations. | No changes |