Western Australian Consolidated Acts

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LITTER ACT 1979 - SECT 28

28 .         Court may order offender to remove litter etc.

        (1)         Where a person is convicted of an offence against section 23, 24, 24A or 24B, the court may instead of or in addition to imposing any penalty order the offender —

            (a)         to clean up and remove the material the subject of the offence within a time specified in the order and under the directions and to the satisfaction of a person nominated in the order; and

            (b)         in default of his complying with the order of the court, to pay such penalty (in addition to any penalty already imposed) not exceeding $1 000 as the court thinks fit.

        (2)         Where an order made under subsection (1) is complied with to the satisfaction of the person nominated in the order that person shall give or send to the offender a written statement to that effect.

        (3)         Where an offender fails to comply with an order made under subsection (1) any justice may, upon application of the person nominated in the order, issue a summons requiring the offender to show cause before the court that made the order why the penalty imposed by the order should not be enforced.

        (4)         Upon the hearing of a summons issued under subsection (3) the court —

            (a)         may extend the time for compliance with the order made under subsection (1) and in that event the provisions of this section shall apply as if the extended time were the time appointed by the order;

            (b)         may make such order as it thinks fit.

        [Section 28 amended by No. 6 of 1996 s. 11.]



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