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

LITTER (LITTERING FROM MOTOR VEHICLES) AMENDMENT BILL 2003

2003

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY



(As presented)

(Mr Greg Cornwell)

Litter (Littering from Motor Vehicles) Amendment Bill 2003



Contents

Page





2003

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY



(As presented)

(Mr Greg Cornwell)

Litter (Littering from Motor Vehicles) Amendment Bill 2003





A Bill for

An Act to amend the Litter Act 1977, and for other purposes











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



Part 1 Preliminary

1 Name of Act

This Act is the Litter (Littering from Motor Vehicles) Amendment Act 2003.

2 Commencement

This Act commences on the day after its notification day.

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



Part 2 Litter Act 1977

3 Legislation amended—pt 2

This part amends the Litter Act 1977.

4 New section 2A

insert

2A Offences against Act—application of Criminal Code etc

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to the following offences against this Act (see Code, pt 2.1).

• section 3B

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

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

5 New section 3B

insert

3B Littering from motor vehicle

(1) A person must not drop litter from a motor vehicle that is in a public place.

Maximum penalty:

(a) if the litter is likely to cause injury to people or damage to property—50 penalty units;

(b) in any other case—10 penalty units.

(2) Subsection (1) does not apply if litter is dropped from a public vehicle by a passenger in the vehicle.

(3) An offence against subsection (1) is a strict liability offence.

(4) To remove any doubt, for the Road Transport (General) Act 1999, section 36, an offence against subsection (1) is an infringement notice offence involving a vehicle.

(5) In this section:

drop includes throw.

motor vehicle—see the Road Transport (General) Act 1999, dictionary, definition of motor vehicle.



Part 3 Road Transport (Offences) Regulations 2001

6 Legislation amended—pt 3

This part amends the Road Transport (Offences) Regulations 2001.

7 Administering authority—Act, dict, def of administering authority

New regulation 8 (1A)

insert

(1A) The chief executive is the administering authority for infringement notice offences under the Litter Act 1977 mentioned in schedule 1, part 1.2A.

8 Regulation 8

renumber subregulations when regulations next republished under Legislation Act

9 Authorised people for infringement notices—Act, dict, def of authorised person, par (b)

Regulation 9

omit

A police officer

substitute

(1) A police officer

10 New regulation 9 (2)

insert

(2) An inspector under the Litter Act 1977, section 8 (1) may serve a reminder notice for any infringement notice offence under that Act.

11 Schedule 1, new part 1.2A

insert

Part 1.2A Litter Act 1977



column 1 item
column 2

offence provision and, if relevant, case
column 3

short description
column 4 offence penalty (pu)
column 5 infringement penalty ($)
column 6 demerit points
1
3B (1)









• if the littering is likely to cause injury to people or damage to property

50
500



• in any other case

10
74



Endnote

Republications of amended laws

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





© Australian Capital Territory 2003

 

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