Problem
Kim Nguyen runs 'Nature's Organics', which is a greengrocer in Parramatta specialising in locally grown, organic, heirloom produce. She is also the head of the Small Business Association of NSW. In her view, the greatest environmental threat we face comes from the long distances over which produce is transported. She thinks banning plastic bags in retail stores inconveniences shoppers, increases the profits of large retail chains (who can now charge for a plastic bag) and does not do enough to address our big environmental challenges. In fact, she thinks the plastic bag ban puts us on the back foot, because people will think 'we're already helping the environment by giving up plastic bags, why do we need to do more'.
Kim plans to continue to offer complimentary plastic bags at Nature's Organics. She also publishes an op-ed in the Guardian on 8 October 2022 arguing that the plastic bag ban is dangerous and suggesting that retailers think about whether they are contributing to environmental destruction by supporting the ban.
She accepts that she will be committing an offence under s 4 if the Bill passes. She wants to continue her advocacy work in this space. She doesn't think writing op-eds like the one she wrote for the Guardian would breach s 5 if the Bill passes.
The explanatory memorandum to the Bill states:
"Section 5 makes it an offence to encourage retailers to offer complimentary plastic bags. This provision is focused on prohibiting the actions of those who seek to incite retailers to break the law. It does not criminalise general debate on environmental issues."
• How does statutory interpretation reflect the rule of law?