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CLAUSE NOTES
Litter Amendment Bill 2018
Clause 1 Short title
Clause 2 Commencement
This Act will commence on a day to be proclaimed.
Clause 3 Principal Act
In this Act, the Litter Act 2007 is referred to as the Principal Act.
Clause 4 Section 9 (Littering offences) of the Principal Act amended
Section 9(1) – 9(5) as described below have each been expanded to
include 3 further categories of littering offence. The offences and court
penalties for these 3 categories are:
Littering with a volume of 55 litres (~one large bag) to 2 cubic
metres (~1 large trailer load) - 50 PENALTY UNITS.
Littering with a volume of between 2 and 10 cubic metres (~one
large truckload) - 100 PENALTY UNITS FOR AN INDIVIDUAL,
200 PENALTY UNITS FOR A BODY CORPORATE.
Littering with a volume greater than 10 cubic metres - 200
PENALTY UNITS FOR AN INDIVIDUAL, 500 PENALTY UNITS
FOR A BODY CORPORATE.
Section 9(1) – depositing litter in any public place except in a designated
litter receptacle.
Section 9(2) – depositing litter in any litter receptacle in a public place if
the receptacle is unsuitable, full, has insufficient space, is sealed or is
undergoing maintenance.
Section 9(3) – depositing household or commercial waste in any litter
receptacle set aside for non-household/commercial litter.
Section 9(4) – depositing litter in any open private place without being
the owner or having consent of owner.
Section 9(5) – depositing litter in any open private place so that it
escapes.
Clause 6 Section 35 amended (Litter abatement notices)
Body corporate penalty of 100 penalty units added to Section 35(4) for
consistency with the new provisions included at Section 9.
Clause 7 Section 51 amended (Evidentiary provision) amended to include the
following section:
(2) If in any proceeding for an offence against this Act an authorised
officer gives his or her assessment of a quantity of litter deposited in a
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place or receptacle, that assessment, in the absence of evidence to the
contrary, is taken to be evidence of the quantity of litter deposited.
Clause 8 Repeal of Act
Act to be repealed one year after it commences.
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