Australian Capital Territory Bills Explanatory Statements

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LITTER AMENDMENT BILL 2005

2005




THE LEGISLATIVE ASSEMBLY FOR THE
AUSTRALIAN CAPITAL TERRITORY



EXPLANATORY STATEMENT

Litter Amendment Bill 2005














Circulated by the authority of
Mr John Hargreaves MLA
Minister for Urban Services





CLAUSE NOTES


Clauses 1 to 3 – Formal clauses

These clauses are formal clauses which:
• state the name of the Act;
• provide for commencement of the Act; and
• explain that the Act amends the Litter Act 2004.

Clause 4 – Section 15

This clause amends section 15 (Identity Cards) to bring the provision into line with current drafting practice.

Clause 5 – Section 16(3)

This clause makes it clear that an authorised person is not required to show their identity card prior to exercising their power under section 17. An authorised person must however, comply with any request made by the person to produce his or her identity card (see new sections 17(3) and 17(4)).


Section 17

In contrast to the Litter Act 1977 (now repealed) the Litter Act 2004 (the Act) currently limits the class of persons who may be required to state their name and address to persons who are the ‘occupier of premises’.

This clause amends section 17 to empower an Authorised Persons to require any person found committing an offence against the Act, or believed on reasonable grounds to have just committed an offence against the Act (in addition to the ‘occupier of premises’), to state his or her name and address.

The provision is modelled on similar provisions found across the ACT statute book.

It is an offence to fail to comply with a request issued by an Authorised Person under s 17.


 

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