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LITTER AMENDMENT BILL 2009
Clause Notes
Clause 1 Title
Clause 2 Commencement
The Act commences on the day it receives Royal Assent.
PART 2 LITTER ACT 2007 AMENDED
Clause 3 Principal Act
The Act to be amended is the Litter Act 2007 (No. 38 of 2007).
Clause 4 Section 17 substituted
· An interpretation of "infringement offence" is provided.
· An authorised officer may issue and serve an infringement notice on
a person if he or she reasonably believes that an infringement offence
has been committed.
· An infringement notice
o may be served on a person the authorised officer reasonably
believes has committed the infringement offence to which the notice
relates; or
o if the infringement offence to which the infringement notice relates
arises from the use, driving, parking, standing or leaving of a motor
vehicle or trailer and the authorised officer does not have a
reasonable belief as to the identity of the person who committed the
infringement offence, the notice may be served on the registered
operator of the motor vehicle or trailer.
· An infringement notice may not be served on a natural person who
has not attained the age of 16 years.
· An infringement notice
o is to be in accordance with section 14 of the Monetary Penalties
Enforcement Act 2005; and
o is not to relate to 4 or more offences.
· In addition to any other manner in which an infringement notice may
be served, it may be served on the registered operator of a motor
vehicle or trailer by leaving it in or on, or attaching it to, the motor
vehicle or trailer.
· Within 28 days after an infringement notice is served on a registered
operator of a motor vehicle or trailer in respect of which the
infringement offence is alleged to have been committed, the
registered operator may provide to the authorised officer or other
person or entity specified in the infringement notice, a statutory
declaration stating
o the name and address, so far as known to the registered operator,
of the person who the registered operator believes committed the
infringement offence; or
o the name and address, so far as known to the registered operator,
of the person who the registered operator believes was in charge of
the motor vehicle or trailer at the time the infringement offence is
alleged to have occurred; or
o that the motor vehicle or trailer was being driven or used without the
knowledge or consent of the registered operator at the time the
infringement offence is alleged to have occurred; or
o that the registered operator had no right or interest in the motor
vehicle or trailer at the time the infringement offence is alleged to
have occurred.
· A statutory declaration (made as above) is to be treated as an
application for withdrawal of the infringement notice under section 15 or
17 of the Monetary Penalties Enforcement Act 2005.
· If a person is named in a statutory declaration (made as above)
as the person who committed the infringement offence to which the
statutory declaration relates or as the person in charge of the motor
vehicle or trailer at the time the infringement offence to which the
statutory declaration relates is alleged to have been committed, that
statutory declaration is evidence, in any proceedings against the person
in respect of that offence, that the person so named committed the
infringement offence or was in charge of the motor vehicle or trailer at that
time, as the case requires.
· Regulations under the Act
o may prescribe the penalty applicable to each infringement
offence that is payable on acceptance of an infringement notice;
and
o may prescribe different penalties for bodies corporate and
natural persons.
· In the application of the Monetary Penalties Enforcement Act 2005
to an infringement notice served under section 17
o an authorised officer is taken to be a public sector body within
the meaning of the Monetary Penalties Enforcement Act; and
o a penalty prescribed in respect of an infringement offence is
taken to be the prescribed penalty applicable to that offence for
the purposes of section 14(a)(ii) of the Monetary Penalties
Enforcement Act.
Clause 5 Section 28 repealed
Section 28 of the Principal Act is repealed.
PART 3 LITTER (INFRINGEMENT NOTICES) REGULATIONS
2007 AMENDED
Clause 6 Principal Regulations
The regulations to be amended are the Litter (Infringement Notices)
Regulations 2007 (S.R. No. 127 of 2007). These regulations specify
the penalties payable for infringement notices issued for various
offences in the Act.
Clause 7 Regulation 4 substituted
· For the purposes of the definition of "infringement offence" in section
17(1) of the Principal Act (as amended by this Act), an offence under
a section of the Principal Act specified in Schedule 1 of the
regulations is prescribed to be an infringement offence.
· The relevant penalty specified in Schedule 1 in respect of an
infringement offence specified in that Schedule is the penalty
applicable to that infringement offence and payable under the
infringement notice by a natural person or a body corporate.
Clause 8 Schedule 1 amended (Infringement Offences)
The heading to Schedule 1 to the Principal Regulations is amended
by omitting "NOTICE".
Clause 9 Removal of doubt relating to certain infringement notices
· Interpretation of various terms is provided for the purposes of this
clause.
· If an infringement notice was served on the registered operator of a
motor vehicle or trailer under former section 17 of the Principal Act or
former section 28 of the Principal Act, or both of those sections
o that infringement notice; and
o the service of that infringement notice; and
o a penalty paid in respect of that infringement notice; and
o a statutory declaration made in respect of that infringement notice;
and
o any other act done or omitted to be done in respect of that
infringement notice
are as valid as if substituted section 17 of the Principal Act and
substituted regulation 4 of the Litter (Infringement Notices)
Regulations were in force at all relevant times and the
infringement notice had been served in accordance with
substituted section 17.
· If a court makes a finding before 26 February 2009, or under
subsection (4), in relation to the validity of
o an infringement notice served on the registered operator of a motor
vehicle or trailer for an offence under section 24 of the Principal Act;
or
o the service of such an infringement notice; or
o a penalty paid in respect of such an infringement notice; or
o a statutory declaration made in respect of such an infringement
notice; or
o any other act done or omitted to be done in respect of that
infringement notice
that finding is not affect by the operation of the above retrospectivity
provision.
· If before 26 February 2009 the validity of a matter referred to in
subsection (3)(a), (b), (c), (d) or (e) is in issue in proceedings before a
court, the above retrospectivity provision does not apply to those
proceedings or their continuation and determination.
Clause 10 Effect of this Act amending Litter (Infringement Notices)
Regulations 2007
The substitution by this Act of regulation 4 of the Litter
(Infringement Notices) Regulations 2007 does not prevent those
regulations, that regulation or any other provision of those
regulations from being amended, substituted or rescinded by a
subsequent regulation.
LITTER AMENDMENT BILL 2009
Clause Notes
Clause 1 Title
Clause 2 Commencement
The Act commences on the day it receives Royal Assent.
PART 2 LITTER ACT 2007 AMENDED
Clause 3 Principal Act
The Act to be amended is the Litter Act 2007 (No. 38 of 2007).
Clause 4 Section 17 substituted
· An interpretation of "infringement offence" is provided.
· An authorised officer may issue and serve an infringement notice on
a person if he or she reasonably believes that an infringement offence
has been committed.
· An infringement notice
o may be served on a person the authorised officer reasonably
believes has committed the infringement offence to which the notice
relates; or
o if the infringement offence to which the infringement notice relates
arises from the use, driving, parking, standing or leaving of a motor
vehicle or trailer and the authorised officer does not have a
reasonable belief as to the identity of the person who committed the
infringement offence, the notice may be served on the registered
operator of the motor vehicle or trailer.
· An infringement notice may not be served on a natural person who
has not attained the age of 16 years.
· An infringement notice
o is to be in accordance with section 14 of the Monetary Penalties
Enforcement Act 2005; and
o is not to relate to 4 or more offences.
· In addition to any other manner in which an infringement notice may
be served, it may be served on the registered operator of a motor
vehicle or trailer by leaving it in or on, or attaching it to, the motor
vehicle or trailer.
· Within 28 days after an infringement notice is served on a registered
operator of a motor vehicle or trailer in respect of which the
infringement offence is alleged to have been committed, the
registered operator may provide to the authorised officer or other
person or entity specified in the infringement notice, a statutory
declaration stating
o the name and address, so far as known to the registered operator,
of the person who the registered operator believes committed the
infringement offence; or
o the name and address, so far as known to the registered operator,
of
the person who the registered operator believes was in charge of the
motor vehicle or trailer at the time the infringement offence is alleged
to have occurred; or
o that the motor vehicle or trailer was being driven or used without the
knowledge or consent of the registered operator at the time the
infringement offence is alleged to have occurred; or
o that the registered operator had no right or interest in the motor
vehicle or trailer at the time the infringement offence is alleged to have
occurred.
· A statutory declaration (made as above) is to be treated as an
application for withdrawal of the infringement notice under section 15
17 of the Monetary Penalties Enforcement Act 2005.
· If a person is named in a statutory declaration (made as above) as
the person who committed the infringement offence to which the
statutory declaration relates or as the person in charge of the motor
vehicle or trailer at the time the infringement offence to which the
statutory declaration relates is alleged to have been committed, that
statutory declaration is evidence, in any proceedings against the
person in respect of that offence, that the person so named committed
the infringement offence or was in charge of the motor vehicle or
trailer at that time, as the case requires.
· Regulations under the Act
o may prescribe the penalty applicable to each infringement offence
that is payable on acceptance of an infringement notice; and
o may prescribe different penalties for bodies corporate and natural
persons.
· In the application of the Monetary Penalties Enforcement Act 2005 to
an infringement notice served under section 17
oan authorised officer is taken to be a public sector body within the
meaning of the Monetary Penalties Enforcement Act; and
o a penalty prescribed in respect of an infringement offence is taken
to be the prescribed penalty applicable to that offence for the
purposes of section 14(a)(ii) of the Monetary Penalties Enforcement
Act.
Clause 5 Section 28 repealed
Section 28 of the Principal Act is repealed.
PART 3 LITTER (INFRINGEMENT NOTICES) REGULATIONS
2007 AMENDED
Clause 6 Principal Regulations
The regulations to be amended are the Litter (Infringement Notices)
Regulations 2007 (S.R. No. 127 of 2007). These regulations specify
the penalties payable for infringement notices issued for various
offences in the Act.
Clause 7 Regulation 4 substituted
· For the purposes of the definition of "infringement offence" in section
17(1) of the Principal Act (as amended by this Act), an offence under
a section of the Principal Act specified in Schedule 1 of the
regulations is prescribed to be an infringement offence.
· The relevant penalty specified in Schedule 1 in respect of an
infringement offence specified in that Schedule is the penalty
applicable to that infringement offence and payable under the
infringement notice by a natural person or a body corporate.
Clause 8 Schedule 1 amended (Infringement Offences)
The heading to Schedule 1 to the Principal Regulations is amended
by omitting "NOTICE".
Clause 9 Removal of doubt relating to certain infringement notices
· Interpretation of various terms is provided for the purposes of this
clause.
· If an infringement notice was served on the registered operator of a
motor vehicle or trailer under former section 17 of the Principal Act or
former section 28 of the Principal Act, or both of those sections
o that infringement notice; and
o the service of that infringement notice; and
o a penalty paid in respect of that infringement notice; and
o a statutory declaration made in respect of that infringement notice;
and
o any other act done or omitted to be done in respect of that
infringement notice
are as valid as if substituted section 17 of the Principal Act and
substituted regulation 4 of the Litter (Infringement Notices)
Regulations were in force at all relevant times and the
infringement notice had been served in accordance with
substituted section 17.
· If a court makes a finding before 26 February 2009, or under
subsection (4), in relation to the validity of
o an infringement notice served on the registered operator of a motor
vehicle or trailer for an offence under section 24 of the Principal Act;
or
o the service of such an infringement notice; or
o a penalty paid in respect of such an infringement notice; or
o a statutory declaration made in respect of such an infringement
notice; or
o any other act done or omitted to be done in respect of that
infringement notice
that finding is not affect by the operation of the above retrospectivity
provision.
· If before 26 February 2009 the validity of a matter referred to in
subsection (3)(a), (b), (c), (d) or (e) is in issue in proceedings before a
court, the above retrospectivity provision does not apply to those
proceedings or their continuation and determination.
Clause 10 Effect of this Act amending Litter (Infringement
Notices) Regulations 2007
The substitution by this Act of regulation 4 of the Litter
(Infringement Notices) Regulations 2007 does not prevent those
regulations, that regulation or any other provision of those
regulations from being amended, substituted or rescinded by a
subsequent regulation.