LITTER (SHOPPING TROLLEYS) AMENDMENT BILL 2010

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This is a Bill, not an Act. For current law, see the Acts databases.

LITTER (SHOPPING TROLLEYS) AMENDMENT BILL 2010

2010

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Ms Caroline Le Couteur)

Litter (Shopping Trolleys) Amendment Bill 2010

Contents

Page

2010

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Ms Caroline Le Couteur)

Litter (Shopping Trolleys) Amendment Bill 2010

A Bill for

An Act to amend the Litter Act 2004, and for other purposes

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

1 Name of Act

This Act is the Litter (Shopping Trolleys) Amendment Act 2010.

2 Commencement

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).

3 Legislation amended

This Act amends the Litter Act 2004.

Note This Act also amends the Magistrates Court (Litter Infringement Notices) Regulation 2004 (see s 5).

4 New part 4A

insert

Part 4A Shopping trolleys

24C Definitions—pt 4A

In this part:

collection notice means a notice under section 24J (2).

removal notice means a notice under section 24G (3) (a).

removal notice location, of a shopping trolley, means—

(a) the public place where the trolley was found by an authorised person or police officer; and

(b) any public place that can be clearly seen from the public place mentioned in paragraph (a).

retailer means a person who provides shopping trolleys for use in the retailer’s premises.

retention area—see the Uncollected Goods Act 1996, dictionary.

shopping trolley means a trolley or other kind of handcart.

24D Shopping trolleys left in public places

(1) A person commits an offence if the person leaves a shopping trolley in a public place.

Maximum penalty: 10 penalty units.

(2) An offence against this section is a strict liability offence.

(3) Subsection (1) does not apply to a person if—

(a) a written direction has been given to the person under section 24E; and

(b) the person has complied with the direction.

24E Direction to return shopping trolley

(1) This section applies if an authorised person or police officer believes on reasonable grounds that a person has left or intends to leave a shopping trolley in a public place.

(2) The authorised person or police officer must give the person a written direction to return the shopping trolley to the retailer’s address identified on the trolley.

(3) A direction must—

(a) state that it is an offence under section 24D (1) to leave a shopping trolley in a public place; and

(b) state a reasonable time within which the direction must be complied with; and

(c) include a statement that the person may be served with an infringement notice or prosecuted under section 24D (1) if the person fails or refuses to comply with the direction.

(4) In this section:

infringement notice—see the Magistrates Court Act 1930,

section 117.

24F Identification of ownership of shopping trolleys

(1) A retailer must display on each of the retailer’s shopping trolleys the following information:

(a) a unique identification number;

(b) the retailer’s name;

(d) the contact telephone number of—

(i) the retailer; or

(ii) a person authorised by the retailer to collect the trolley;

(e) the telephone number for the shopping trolley hotline;

(f) anything else prescribed by regulation.

(2) The information mentioned in subsection (1)—

(a) must be legible and conspicuously displayed on the shopping trolley; and

(b) must not be easily removed from the trolley or made illegible.

(3) A retailer commits an offence if the retailer fails to comply with this section.

Maximum penalty: 10 penalty units.

(4) Subsection (3) does not apply if the information mentioned in subsection (1) is—

(a) removed from the shopping trolley by a person other than the retailer; or

(b) made illegible by a person other than the retailer.

(5) An offence against this section is a strict liability offence.

(6) In this section:

shopping trolley hotline means a telephone contact service operated by the territory to receive information about shopping trolleys left in public places.

24G Removal of shopping trolleys from public places

(1) This section applies if an authorised person or police officer believes on reasonable grounds that a shopping trolley has been left in a public place.

(2) An authorised person or police officer may remove the shopping trolley to a retention area.

(3) However, the shopping trolley may be removed to the retention area only if—

(a) an authorised officer or police officer has given the retailer identified on the trolley a notice (a removal notice); and

(b) the trolley has not been removed from the removal notice location within 24 hours after the time the notice was given.

(4) Subsection (3) does not apply if an authorised person or police officer believes on reasonable grounds that—

(a) prompt removal of the shopping trolley from the public place is necessary because it may cause injury to a person or animal or damage to property or a public place; or

(b) it is impractical for the retailer to remove the trolley.

Example—par (a)

A shopping trolley is left next to a main road. Prompt removal is necessary because the trolley could roll or be pushed onto the road.

Example—par (b)

A shopping trolley is dumped in a waterway. Removal by the retailer is impractical because it requires specialised equipment to remove it.

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).

24H Notice to remove shopping trolley from public place

(1) A removal notice must state the following:

(a) the time and date the notice is given;

(b) the identification number (if legible) on the shopping trolley;

(d) that the trolley must be removed from the removal notice location within 24 hours after the time the notice is given;

(e) that it is an offence not to remove a trolley in accordance with the notice;

(f) the maximum penalty for the offence;

(g) that, if the trolley is not removed from the removal notice location within 24 hours after the time the notice is given—

(i) the trolley may be removed to a retention area; and

(ii) the trolley may only be collected by the retailer from the retention area if the retailer pays—

(A) all costs of removing and storing the trolley and any other costs payable under the Uncollected Goods Act 1996, part 3 (Disposal of uncollected goods); and

(B) any penalty under this part; and

(iii) the trolley may be disposed of under the Uncollected Goods Act 1996, part 3 (Disposal of uncollected goods);

(h) how the retailer may contact an authorised person, including, for example, by giving a telephone number.

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) The removal notice must be given by—

(a) securely placing or attaching the notice, addressed to the retailer, on or to the shopping trolley in a conspicuous position; and

(b) calling the contact telephone number stated on the trolley and giving the information in the notice to the retailer.

(3) In subsection (2) (b), information in the removal notice is taken to have been given to the retailer if—

(a) the information is given to—

(i) a person who answers the telephone call; or

(ii) a telephone answering or recording device; or

(b) a reasonable attempt was made to give the information to the retailer.

(4) A removal notice given in the way mentioned in subsection (2) is taken to have been given to the retailer at the time and date the telephone call is made.

(5) A retailer commits an offence if the retailer—

(a) is given a removal notice; and

(b) fails to comply with the notice.

Maximum penalty: 10 penalty units.

(6) An offence against this section is a strict liability offence.

24I Small retailers and trolley containment systems

(1) Section 24H (5) does not apply—

(a) to a small retailer; or

(b) to a retailer who operates a trolley containment system at the premises where the trolley identified in a removal notice came from.

(2) In this section:

small retailer means a retailer prescribed by regulation.

trolley containment system means a system approved by the chief executive which is designed to reduce the number of shopping trolleys left in public places.

Examples—trolley containment system

1 A system which requires the deposit of money by customers to use a shopping trolley which is refundable on the return of the trolley.

2 A system which makes the trolley inoperable, including by locking the wheels, if the trolley is removed from, or within a certain distance from, the retailer’s premises.

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).

24J Retention of shopping trolleys left in public places

(1) This section applies if a shopping trolley is removed to a retention area under section 24G (2).

(2) The chief executive must give written notice (a collection notice) that the shopping trolley is in the retention area to the retailer identified on the trolley.

Note For how documents may be served, see the Legislation Act, pt 19.5.

(3) The collection notice must state the following:

(a) the date of the notice;

(b) the identification number (if legible) of the shopping trolley available for collection;

(d) when the trolley may be collected;

(e) any costs the retailer must pay before the trolley may be collected;

Note Costs for removing the trolley to a retention area are reasonable costs that can be claimed under the Uncollected Goods Act 1996 (see s 24K).

(f) any penalty the retailer must pay before the trolley may be collected;

(g) that the trolley may be disposed of under the Uncollected Goods Act 1996, part 3 if the trolley is not collected within 7 days after the day the notice is given to the retailer.

24K Disposal of retained shopping trolleys

If a shopping trolley is removed to a retention area under

section 24G (2)—

(a) the trolley is taken to be uncollected goods for the Uncollected Goods Act 1996; and

(b) the trolley is taken to have become uncollected goods for that Act on the day the collection notice is given; and

(d) the chief executive may dispose of the trolley under that Act, part 3 after 7 days after the day the collection notice is given; and

(e) if a trolley is to be destroyed under that Act, part 3—to the extent reasonably practicable, the component materials of the trolley must be recycled; and

(f) for that Act, section 26 (2) (a) and section 30 (1) (a), the reasonable costs incurred by the chief executive in complying with that Act are taken to include the cost of removing the trolley from the public place to the retention area.

24L Removing, defacing or interfering with removal notices

(1) A person commits an offence if––

(a) a removal notice is placed on, or attached to, a shopping trolley; and

(b) the person is not—

(i) an authorised person or police officer; or

(ii) the retailer; or

(iii) a person authorised by the retailer to collect the trolley; and

Maximum penalty: 5 penalty units.

(2) An offence against this section is a strict liability offence.

5 Magistrates Court (Litter Infringement Notices) Regulation 2004, schedule 1, new items 12 to 15

insert

12	24D (1)	10	60
13	24F (3)	10	20
14	24H (5)	10	100
15	24L (1)	5	60

Endnotes

1 Presentation speech

Presentation speech made in the Legislative Assembly on 2010.

2 Notification

Notified under the Legislation Act on 2010.

3 Republications of amended laws

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

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