2002

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Ms Kerrie Tucker)

2002

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Ms Kerrie Tucker)

An Act to amend the Litter Act 1977

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the Litter Amendment Act 2002.

This Act commences on a day fixed by the Minister by written notice.

Note 1 The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

Note 2 A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).

Note 3 If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).

This Act amends the Litter Act 1977.

advertising material means any paper product (with or without plastic covering), or anything else, advertising or promoting goods or services, and includes, for example, a leaflet, brochure, magazine, catalogue, letter, card or newspaper containing advertising or promotional matter.

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

premises includes the land around the premises.

unsolicited advertising material, in relation to premises—see section 2B.

The Criminal Code, chapter 2 applies to offences against this Act under the following provisions:

(a) section 7C (Depositing unsolicited advertising material other than in receptacle etc);

(b) section 7D (Depositing advertising material in receptacle etc contrary to sign);

(c) section 7E (Removing etc signs about unsolicited advertising material);

(d) section 7F (Obligations relating to commissioning or distributing unsolicited advertising material).

Note 1 The Criminal Code, ch 2 sets out the general principles of criminal responsibility.

Note The Criminal Code, s 23 deals with strict liability.

For this Act, advertising material is unsolicited advertising material, in relation to premises if the material is not addressed by name to a person who owns or lives at the premises (or previously owned or lived at the premises).

(1) A person commits an offence if the person deposits unsolicited advertising material at any premises, other than in a receptacle or place used for the deposit of mail or newspapers at the premises.

Maximum penalty: 5 penalty units.

(2) An offence against subsection (1) is an offence of strict liability.

(3) Subsection (1) does not apply to—

(a) anything of a size, shape or volume that does not make it possible or appropriate for it to be deposited in accordance with subsection (1); or

(b) anything deposited by a person who is acting with the consent of an owner or occupier of the premises; or

(c) anything else prescribed under the regulations that is deposited by a person in accordance with the regulations.

(1) A person commits an offence if—

(a) at any premises, there is a receptacle or place used for the deposit of mail or newspapers; and

(b) on or near the receptacle or place, there is a sign that can be readily read to the effect that unsolicited advertising material is not to be deposited in the receptacle or at the place; and

(c) the person deposits unsolicited advertising material in the receptacle or at the place.

Maximum penalty: 10 penalty units.

1 no junk mail

2 no unsolicited material

3 no advertising material

4 no unaddressed mail

5 Australia Post mail only.

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(2) An offence against subsection (1) is an offence of strict liability.

(3) Subsection (1) does not apply to the deposit in the receptacle or place of the following:

(a) a public notice issued by the Territory, a Territory authority or Territory instrumentality;

(b) a document deposited under the authority of a Commonwealth or Territory law;

(c) a document from a charitable organisation or incorporated community association;

(d) matter that is electoral matter under the Commonwealth Electoral Act 1918 (Cwlth), section 4, or the Electoral Act 1992, section 4;

(e) a document from a member of the Commonwealth Parliament or the Legislative Assembly;

(g) anything else prescribed under the regulations.

1 notices about the holding of public consultations

2 police notices

3 notices about disruptions to public services.

(4) In this section:

charitable organisation means an entity carried on for a religious, educational, benevolent or charitable purpose, but does not include an entity carried on for the purpose of securing financial benefits to its members.

Note Legislative Assembly, Territory authority and Territory instrumentality are defined in the Legislation Act, dict, pt 1.

(1) A person commits an offence if—

(a) at any premises, there is, on or near a receptacle or place used for the deposit of mail or newspapers, a sign to the effect that unsolicited advertising material is not to be deposited in the receptacle or at the place; and

(b) the person removes, changes or interferes with the sign.

Maximum penalty: 5 penalty units.

(2) An offence against subsection (1) is an offence of strict liability.

(3) Subsection (1) does not apply to anything done with the consent of an owner or occupier of the relevant premises.

(1) A person commits an offence if—

(a) the person is concerned with the distribution of advertising material; and

(b) the material is deposited at premises in contravention of section 7C (Depositing unsolicited advertising material other than in receptacle etc) or section 7D (Depositing advertising material in receptacle etc contrary to sign).

Maximum penalty: 10 penalty units.

(2) An offence against subsection (1) is an offence of strict liability.

(3) For this section, a person is concerned with the distribution of advertising material if the person commissions, authorises, arranges for or distributes the material.

(4) It is a defence to a prosecution for an offence against subsection (1) if the defendant establishes that the defendant took all reasonable steps to prevent the contravention of sections 7C and 7D in relation to the relevant advertising material.

1 For the latest republication of amended laws, see www.legislation.act.gov.au.

2 The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.