2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Mr Greg Cornwell)
Litter (Littering from Motor Vehicles) Amendment Bill 2003

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
Part 2	Litter Act 1977
	3	Legislation amended—pt 2	3
	4	New section 2A	3
	5	New section 3B	3
Part 3	Road Transport (Offences) Regulations 2001
	6	Legislation amended—pt 3	5
	7	Administering authority—Act, dict, def of administering authority  New regulation 8 (1A)	5
	8	Regulation 8	5
	9	Authorised people for infringement notices—Act, dict, def of authorised person, par (b)
Regulation 9	5
	10	New regulation 9 (2)	6
	11	Schedule 1, new part 1.2A	6

2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Mr Greg Cornwell)
Litter (Littering from Motor Vehicles) Amendment Bill 2003

A Bill for
An Act to amend the Litter Act 1977, and for other purposes

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1	Preliminary
1	Name of Act
This Act is the Litter (Littering from Motor Vehicles) Amendment Act 2003.
2	Commencement
This Act commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

Part 2	Litter Act 1977
3	Legislation amended—pt 2
This part amends the Litter Act 1977.
4	New section 2A
insert
2A	Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act. 
Note 1	Criminal Code
The Criminal Code, ch 2 applies to the following offences against this Act (see Code, pt 2.1).  
·	section 3B
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2	Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
5	New section 3B
insert
3B	Littering from motor vehicle
	(1)	A person must not drop litter from a motor vehicle that is in a public place.
Maximum penalty:
	(a)	if the litter is likely to cause injury to people or damage to property—50 penalty units;
	(b)	in any other case—10 penalty units.
	(2)	Subsection (1) does not apply if litter is dropped from a public vehicle by a passenger in the vehicle.
	(3)	An offence against subsection (1) is a strict liability offence.
	(4)	To remove any doubt, for the Road Transport (General) Act 1999, section 36, an offence against subsection (1) is an infringement notice offence involving a vehicle.
	(5)	In this section:
drop includes throw.
motor vehicle—see the Road Transport (General) Act 1999, dictionary, definition of motor vehicle.

Part 3	Road Transport (Offences) Regulations 2001
6	Legislation amended—pt 3
This part amends the Road Transport (Offences) Regulations 2001.
7	Administering authority—Act, dict, def of administering authority 
New regulation 8 (1A) 
insert
	(1A)	The chief executive is the administering authority for infringement notice offences under the Litter Act 1977 mentioned in schedule 1, part 1.2A.
8	Regulation 8
renumber subregulations when regulations next republished under Legislation Act
9	Authorised people for infringement notices—Act, dict, def of authorised person, par (b)
Regulation 9
omit
A police officer
substitute
	(1)	A police officer
10	New regulation 9 (2)
insert
	(2)	An inspector under the Litter Act 1977, section 8 (1) may serve a reminder notice for any infringement notice offence under that Act.
11	Schedule 1, new part 1.2A
insert
Part 1.2A	Litter Act 1977

column 1 item	column 2 
offence provision and, if relevant, case	column 3 
short description	column 4 offence penalty (pu)	column 5 infringement penalty ($)	column 6 demerit points	
1	3B (1)					
	·	if the littering is likely to cause injury to people or damage to property		50	500		
	·	in any other case		10	74		

Endnote
	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2003