WASTE REDUCTION AND RECYCLING ACT 2011 - SECT 113 Application of pt 3

WASTE REDUCTION AND RECYCLING ACT 2011 - SECT 113

113 Application of pt 3

(1) This part applies to an offence against a relevant offence provision if the offence is a vehicle littering or illegal dumping offence.

(2) An offence against a relevant offence provision is a
"vehicle littering or illegal dumping offence" if—

(a) the offence is committed by a person who is, or becomes, an occupant of a vehicle that is associated with the commission of the offence; and

(b) under the State Penalties Enforcement Act 1999 , an offence against the relevant offence provision is prescribed to be an offence to which that Act applies.

(3) A vehicle is associated with the commission of an offence against a relevant offence provision if, for example, the person who committed the offence—

(a) was in the vehicle when the offence was committed; or

(b) was leaving or had just left the vehicle when the offence was committed; or

(c) used the vehicle to transport waste to the place where the offence was committed; or

(d) committed the offence near the vehicle before entering the vehicle.

(4) Despite subsection (1) , this part does not apply to a vehicle littering or illegal dumping offence if—

(a) the vehicle associated with the commission of the offence was a public passenger vehicle being used to transport members of the public; and

(b) the offence was committed by a person other than the driver of the vehicle.

(5) In this section—


"relevant offence provision" means the general littering provision or the illegal dumping of waste provision.