AustLII Tasmanian Consolidated Acts

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LITTER ACT 2007 - SECT 12

12. Leaflets, &c., not to be placed on vehicles or vessels

(1) A person must not deposit any document on a motor vehicle, or trailer, that is –

(a) in any public place; or

(b) in any designated car park.

Penalty:

Fine not exceeding 20 penalty units.
(2) A person must not deposit any document on a vessel.

Penalty:

Fine not exceeding 20 penalty units.
(3) Subsections (1) and (2) do not apply to a person if the person –

(a) is exercising a power given to the person by or under any law; or

(b) has the consent of the person apparently in charge of the relevant motor vehicle, trailer or vessel; or

(c) has the consent of the registered owner or, as the case may be, registered operator of the relevant motor vehicle, trailer or vessel.

(4) The conditions of an express or implied contract relating to the parking of motor vehicles in a designated car park do not constitute a lawful power for the purposes of subsection (3)(a), except in respect of documents relating specifically to the management of parking in that designated car park.
(5) For the purposes of subsection (3)(b), a person is entitled to assume that –

(a) an adult seated in the driver's seat of a motor vehicle is in charge of that motor vehicle; and

(b) an adult seated in the driver's seat of a motor vehicle to which a trailer is connected is in charge of that trailer; and

(c) an adult seated or standing at the helm of a vessel is in charge of that vessel; and

(d) a person who is driving a motor vehicle alone is an adult.

(6) In this section –
adult means a person who is, or who could reasonably be taken from his or her appearance to be, 17 years of age or older;
contract includes a permit;
designated car park means –

(a) a building or open area in which members of the public may park motor vehicles for a fee, and includes any car park of that kind run by government; or

(b) an area within, next to or near a government office and in which motor vehicles may be parked (with or without fee) by persons who work at, service or have dealings with that government office; or

(c) an area within, next to or near premises used for a business or professional practice and in which motor vehicles may be parked (with or without fee) by persons who work at, service or are customers or clients of that business or practice; or

(d) an area within, next to or near a health or educational facility and in which motor vehicles may be parked (with or without fee) by persons who work at, service, attend or visit that facility; or

(e) an area within, next to or near a cultural, sporting or recreational venue and in which motor vehicles may be parked (with or without fee) by persons who work at, service or patronise that venue;

government means any council, the State Crown or any agency or instrumentality of the State Crown.



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