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TASMANIA
__________
LITTER AMENDMENT BILL 2009
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
PART 2 LITTER ACT 2007 AMENDED
3. Principal Act
4. Section 17 substituted
17. Infringement notice
5. Section 28 repealed
PART 3 LITTER (INFRINGEMENT NOTICES) REGULATIONS 2007
AMENDED
6. Principal Regulations
7. Regulation 4 substituted
4. Infringement offences and penalties
8. Schedule 1 amended (Infringement Offences)
PART 4 MISCELLANEOUS
9. Removal of doubt relating to certain infringement notices
10. Effect of this Act amending Litter (Infringement Notices)
Regulations 2007
[Bill 1]-III
2
LITTER AMENDMENT BILL 2009
(Brought in by the Minister for Environment, Parks, Heritage
and the Arts, the Honourable Michelle Anne O'Byrne)
A BILL FOR
An Act to amend the Litter Act 2007, to remove doubt as to
the validity of certain infringement notices issued under
that Act, to amend the Litter (Infringement Notices)
Regulations 2007 and for related purposes
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 PRELIMINARY
1. Short title
This Act may be cited as the Litter Amendment
Act 2009.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 1] 3
Litter Amendment Act 2009
Act No. of
s. 3 Part 2 Litter Act 2007 Amended
PART 2 LITTER ACT 2007 AMENDED
3. Principal Act
In this Part, the Litter Act 2007* is referred to as
the Principal Act.
4. Section 17 substituted
Section 17 of the Principal Act is repealed and
the following section is substituted:
17. Infringement notice
(1) In this section
"infringement offence" means an
offence against this Act or
regulations made under this Act
that is prescribed by such
regulations to be an infringement
offence.
(2) An authorised officer may issue and
serve an infringement notice on a person
if he or she reasonably believes that an
infringement offence has been
committed.
(3) An infringement notice
(a) may be served on a person the
authorised officer reasonably
*No. 38 of 2007
4
Litter Amendment Act 2009
Act No. of
Part 2 Litter Act 2007 Amended s. 4
believes has committed the
infringement offence to which the
infringement notice relates; or
(b) if the infringement offence to
which the infringement notice
relates arises from the use,
driving, parking, standing or
leaving of a motor vehicle or
trailer and the authorised officer
does not have a reasonable belief
as to the identity of the person
who committed the infringement
offence, may be served on the
registered operator of the motor
vehicle or trailer.
(4) An infringement notice may not be
served on a natural person who has not
attained the age of 16 years.
(5) An infringement notice
(a) is to be in accordance with
section 14 of the Monetary
Penalties Enforcement Act 2005;
and
(b) is not to relate to 4 or more
offences.
(6) In addition to any other manner in which
an infringement notice may be served, it
may be served on the registered operator
of a motor vehicle or trailer by leaving it
in or on, or attaching it to, the motor
vehicle or trailer.
5
Litter Amendment Act 2009
Act No. of
s. 4 Part 2 Litter Act 2007 Amended
(7) Within 28 days after an infringement
notice is served under subsection (3)(b)
on a registered operator of a motor
vehicle or trailer in respect of which the
infringement offence is alleged to have
been committed, the registered operator
may provide to the authorised officer, or
other person or entity, specified in the
infringement notice a statutory
declaration stating
(a) the name and address, so far as
known to the registered operator,
of the person who the registered
operator believes committed the
infringement offence; or
(b) the name and address, so far as
known to the registered operator,
of the person who the registered
operator believes was in charge
of the motor vehicle or trailer at
the time the infringement offence
is alleged to have occurred; or
(c) that the motor vehicle or trailer
was being driven or used without
the knowledge or consent of the
registered operator at the time the
infringement offence is alleged to
have occurred; or
(d) that the registered operator had
no right or interest in the motor
vehicle or trailer at the time the
6
Litter Amendment Act 2009
Act No. of
Part 2 Litter Act 2007 Amended s. 4
infringement offence is alleged to
have occurred.
(8) A statutory declaration made in
accordance with subsection (7) is to be
treated as an application for withdrawal
of the infringement notice under section
15 or 17 of the Monetary Penalties
Enforcement Act 2005.
(9) If a person is named in a statutory
declaration made in accordance with
subsection (7) as the person who
committed the infringement offence to
which the statutory declaration relates or
as the person in charge of the motor
vehicle or trailer at the time the
infringement offence to which the
statutory declaration relates is alleged to
have been committed, that statutory
declaration is evidence, in any
proceedings against the person in respect
of that offence, that the person so named
committed the infringement offence or
was in charge of the motor vehicle or
trailer at that time, as the case requires.
(10) Regulations under this Act
(a) may prescribe the penalty
applicable to each infringement
offence that is payable under an
infringement notice; and
7
Litter Amendment Act 2009
Act No. of
s. 5 Part 2 Litter Act 2007 Amended
(b) may prescribe different penalties
for bodies corporate and natural
persons.
(11) In the application of the Monetary
Penalties Enforcement Act 2005 to an
infringement notice served under this
section
(a) an authorised officer is taken to
be a public sector body within the
meaning of that Act; and
(b) a penalty prescribed under
subsection (10) in respect of an
infringement offence is taken to
be the prescribed penalty
applicable to that offence for the
purposes of section 14(a)(ii) of
that Act.
5. Section 28 repealed
Section 28 of the Principal Act is repealed.
8
Litter Amendment Act 2009
Act No. of
Part 3 Litter (Infringement Notices) Regulations 2007 Amended s. 6
PART 3 LITTER (INFRINGEMENT NOTICES)
REGULATIONS 2007 AMENDED
6. Principal Regulations
In this Part, the Litter (Infringement Notices)
Regulations 2007* are referred to as the
Principal Regulations.
7. Regulation 4 substituted
Regulation 4 of the Principal Regulations is
rescinded and the following regulation is
substituted:
4. Infringement offences and penalties
(1) For the purposes of the definition of
"infringement offence" in section 17(1)
of the Act, an offence under a section of
the Act specified in Schedule 1 is
prescribed to be an infringement offence.
(2) The relevant penalty specified in
Schedule 1 in respect of an infringement
offence specified in that Schedule is the
penalty applicable to that infringement
offence and payable under the
infringement notice by a natural person
or a body corporate.
*S.R. 2007, No. 125
9
Litter Amendment Act 2009
Act No. of
s. 8 Part 3 Litter (Infringement Notices) Regulations 2007 Amended
8. Schedule 1 amended (Infringement Offences)
The heading to Schedule 1 to the Principal
Regulations is amended by omitting
"NOTICE".
10
Litter Amendment Act 2009
Act No. of
Part 4 Miscellaneous s. 9
PART 4 MISCELLANEOUS
9. Removal of doubt relating to certain infringement
notices
(1) In this section
"former section 17 of the Principal Act"
means section 17 of the Principal Act as
in force immediately before being
substituted by section 4 of this Act;
"former section 28 of the Principal Act"
means section 28 of the Principal Act as
in force immediately before being
repealed by section 5 of this Act;
"registered operator" has the same meaning
as in the Principal Act;
"substituted regulation 4" means regulation
4 of the Litter (Infringement Notices)
Regulations 2007 as substituted by
section 7 of this Act;
"substituted section 17 of the Principal
Act" means section 17 of the Principal
Act as substituted by section 4 of this
Act.
(2) If an infringement notice was served on the
registered operator of a motor vehicle or trailer
under former section 17 of the Principal Act or
former section 28 of the Principal Act, or both of
those sections
11
Litter Amendment Act 2009
Act No. of
s. 9 Part 4 Miscellaneous
(a) that infringement notice; and
(b) the service of that infringement notice;
and
(c) a penalty paid in respect of that
infringement notice; and
(d) a statutory declaration made in respect of
that infringement notice; and
(e) any other act done or omitted to be done
in respect of that infringement notice
are as valid as if substituted section 17 of the
Principal Act and substituted regulation 4 were
in force at all relevant times and the
infringement notice had been served in
accordance with substituted section 17.
(3) If a court makes a finding before
26 February 2009, or under subsection (4), in
relation to the validity of
(a) an infringement notice served on the
registered operator of a motor vehicle or
trailer under former section 17 of the
Principal Act or former section 28 of the
Principal Act, or both of those sections;
or
(b) the service of such an infringement
notice; or
(c) a penalty paid in respect of such an
infringement notice; or
12
Litter Amendment Act 2009
Act No. of
Part 4 Miscellaneous s. 10
(d) a statutory declaration made in respect of
such an infringement notice; or
(e) any other act done or omitted to be done
in respect of such an infringement
notice
that finding is not affected by the operation of
subsection (2).
(4) If before 26 February 2009 the validity of a
matter referred to in subsection (3)(a), (b), (c),
(d) or (e) is in issue in proceedings before a
court, subsection (2) does not apply to those
proceedings or their continuation and
determination.
10. Effect of this Act amending Litter (Infringement
Notices) Regulations 2007
The substitution by this Act of regulation 4 of
the Litter (Infringement Notices) Regulations
2007 does not prevent those regulations, that
regulation or any other provision of those
regulations from being amended, substituted or
rescinded by a subsequent regulation.
Government Printer, Tasmania 13