Western Australian Consolidated Acts

LITTER ACT 1979 - SECT 31

31 .         Appropriation of penalties

        (1)         Penalties for offences against this Act recovered in proceedings instituted by or on behalf of a local government shall be paid to the local government.

        (2)         Penalties for offences against this Act recovered in proceedings instituted by or on behalf of a public authority that has a fund, shall be paid into that fund.

        (2a)         Penalties for offences against this Act recovered in proceedings instituted by or on behalf of a public authority that does not have a fund but administers or uses any moneys paid to or collected by it, shall be paid to that authority to be administered or used by it as part of those moneys.

        (2b)         For the purposes of subsections (1), (2) and (2a) proceedings instituted by an authorised officer of a class referred to in column 1 of the Third Schedule shall be regarded as having been instituted on behalf of the public authority referred to in column 2 of that Schedule opposite the reference to that class of authorised officers.

        (3)         Penalties for offences against this Act recovered in proceedings other than proceedings referred to in subsection (1), (2) or (2a) shall be credited to the Fund.

        (4)         Proceedings as used in this section includes proceedings by way of infringement notice under section 30.

        [Section 31 amended by No. 49 of 1981 s. 6; No. 14 of 1996 s. 4; No. 49 of 1996 s. 64.]