2005
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Urban Services)
Litter Amendment Bill 2005

A Bill for
An Act to amend the Litter Act 2004

    

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

1	Name of Act
This Act is the Litter Amendment Act 2005.
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)).
3	Legislation amended
This Act amends the Litter Act 2004.
4	Section 15
substitute
15	Identity cards
	(1)	The chief executive must give an authorised person an identity card stating the person’s name and that the person is an authorised person.
	(2)	The identity card must show—
	(a)	a recent photograph of the person; and
	(b)	the card’s date of issue and expiry; and
	(c)	anything else prescribed by regulation.
	(3)	A person commits an offence if—
	(a)	the person stops being an authorised person; and
	(b)	the person does not return the person’s identity card to the chief executive as soon as practicable, but no later than 7 days after the day the person stops being an authorised person.
Maximum penalty:  1 penalty unit.
	(4)	An offence against this section is a strict liability offence.
5	Power not to be exercised before identity card shown etc
New section 16 (3)
insert
	(3)	Subsection (1) does not apply to the exercise of a power by an authorised person under section 17 (1).
Note	Section 17 (3) allows a person to ask the authorised person to produce his or her identity card for inspection.
6	Section 17
substitute
17	Power to require name and address
	(1)	An authorised person may require a person to state the person’s name and home address if the authorised person believes, on reasonable grounds, that the person is committing or has just committed an offence against this Act.
Note	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
	(2)	The authorised person must tell the person the reason for the requirement and, as soon as practicable, record the reason.
	(3)	The person may ask the authorised person to produce his or her identity card for inspection by the person.
	(4)	A person must comply with a requirement made of the person under subsection (1) if the authorised person—
	(a)	tells the person the reason for the requirement; and
	(b)	complies with any request made by the person under subsection (3).
Maximum penalty:  10 penalty units.
	(5)	An offence against this section is a strict liability offence.
	(6)	In this section:
home address, of a person, means the address of the place where the person usually lives.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on	2005.
2	Notification
	Notified under the Legislation Act on	2005.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2005