Australian Capital Territory Consolidated Acts

LITTER ACT 2004 - SECT 21

    (1)     This section applies if an authorised person or police officer believes on reasonable grounds that litter in a public place has been deposited by a person in contravention of this Act.

    (2)     An authorised person or police officer may, by written notice given to the person, require the person to do either or both of the following:

        (a)     remove or dispose of the litter from the public place;

        (b)     restore the public place affected by the litter to a state as close as practicable to the state it was in immediately before the litter was deposited.

    (3)     The notice may state—

        (a)     how the requirement is to be carried out; and

        (b)     the time within which the requirement must be complied with.

    (4)     The notice must contain a statement to the effect that if the litter is not removed or disposed of, or the public place not restored, in accordance with the requirement—

        (a)     an authorised person may authorise someone else to remove or dispose of the litter or restore the public place; and

        (b)     the reasonable cost of the removal, disposal or restoration is a debt due to the Territory by the person who is required to comply with the requirement.

Note     An amount owing under a law may be recovered as a debt in a court of competent jurisdiction (see Legislation Act, s 177).

    (5)     Also, the notice must state—

        (a)     that the person may apply under the ACT Civil and Administrative Tribunal Act 2008 , section 22B for a reasons statement for the decision to give the notice; and

        (b)     that the person may apply to the ACAT for review of the decision; and

        (c)     how to make the application; and

        (d)     the options available under ACT laws to have the decision reviewed by a court or the ombudsman.

    (6)     However, the notice need not comply with any other requirements for reviewable decision notices under the ACT Civil and Administrative Tribunal Act 2008 , section 67A.

    (7)     A person commits an offence if the person—

        (a)     is given a notice under subsection (2); and

        (b)     fails to comply with a requirement of the notice.

Maximum penalty: 10 penalty units.

    (8)     An offence against this section is a strict liability offence.