AUSTRALIAN CAPITAL TERRITORY

Litter (Amendment) Act 1998
No. 49 of 1998
	
An Act to amend the Litter Act 1977
[Notified in ACT Gazette S205: 16 November 1998]
	The Legislative Assembly for the Australian Capital Territory enacts as follows:
1.  	Short title 
	This Act may be cited as the Litter (Amendment) Act 1998.
2. 	Commencement
(1) 	Sections 1, 2 and 3 commence on the day on which this Act is notified in the Gazette. 
(2) 	Section 5 commences on a day fixed by the Minister by notice in the Gazette.
(3) 	If section 5 has not commenced before the end of the period of 6 months commencing on the day on which this Act is notified in the Gazette, that provision, by force of this subsection, commences on the first day after the end of that period.
3.  	Principal Act
	In this Act, “Principal Act” means the Litter Act 1977.1
4.	Interpretation
	Section 2 of the Principal Act is amended—
	(a)	by omitting the definition of “public place” and substituting the following definition:
“ ‘public place’ means a public street or a public place within the meaning of the Motor Traffic Act 1936;”; and
	(b)	by omitting the definition of “public street”.
5.  	Insertion
	After section 7A of the Principal Act the following section is inserted:
“7B.  	Placing advertising leaflets etc. on motor vehicles
“(1) 	A person shall not place in or on a motor vehicle in a public place an unsolicited leaflet, handbill or other document publicising or promoting a product, service, event, cause or belief, or otherwise conveying a message or information.
Penalty:  10 penalty units.
“(2) 	Subsection (1) does not apply in relation to a document—
	(a)	placed in or on a motor vehicle in accordance with a law of the Territory; or
	(b)	containing a message—
	(i)	of a personal nature; and
	(ii)	directed only to the owner, or the driver or rider, of a particular motor vehicle.
“(3)	A leaflet, handbill or other document placed in or on a motor vehicle in a public place shall be presumed to be unsolicited unless the contrary is proved.”.

NOTES
Principal Act
1.	Reprinted as at 1 July 1996.  See also Act No. 7, 1997.
Penalty units
See section 33AA of the Interpretation Act 1967.

[Presentation speech made in Assembly on 21 May 1998]

©  Australian Capital Territory 1998