2008
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Territory and Municipal Services)
Dangerous Substances and Litter (Dumping) Legislation Amendment Bill 2008

Contents
	Page

Part 1	Preliminary
	1	Name of Act	3
	2	Commencement	3
Part 2	Dangerous Substances Act 2004
	3	Legislation amended—pt 2	3
	4	Failure to comply with safety duty—exposing people to substantial risk of death or serious harm
Section 43 (1), new example	3
	5	Failure to comply with safety duty—exposing property or environment to substantial risk of substantial damage
Section 45 (1), new example	3
Part 3	Litter Act 2004
	6	Legislation amended—pt 3	3
	7	Littering
Section 8 (2), note	3
	8	Section 8 (6)	3
	9	Aggravated littering
Section 9, penalty	3
	10	New sections 9A to 9C	3
	11	Section 10 heading	3
	12	Division 4.3 heading	3
	13	New subdivision 4.3.1 heading	3
	14	Section 21 heading	3
	15	Section 21 (4)	3
	16	Section 22 heading	3
	17	Section 22 (2)	3
	18	Section 23, except note	3
	19	AAT review of notice under section 21
Section 24	3
	20	New subdivision 4.3.2	3
	21	Dictionary, new definition of escape	3
Part 4	Magistrates Court (Litter Infringement Notices) Regulation 2004
	22	Legislation amended—pt 4	3
	23	Litter Act infringement notice offences and penalties
Schedule 1, table, new item 4	3
Part 5	Road Transport (General) Regulation 2000
	24	Legislation amended—pt 5	3
	25	New part 1A	3
Part 6	Road Transport (Safety and Traffic Management) Act 1999
	26	Legislation amended—pt 6	3
	27	New section 10AA	3
	28	Impounding or forfeiture of vehicles on conviction etc for certain offences
Section 10B (1)	3
	29	Section 10B (6) (a)	3
	30	Section 10B (10)	3
	31	Powers of police officers to seize and impound vehicles used in committing certain offences
Section 10C (1) (a)	3
	32	Registered operator and interested people to be notified
Section 10D (2)	3
	33	Keeping of vehicles seized under s 10C (1) (a)
Section 10E (5)	3
	34	Further amendments, mentions of offence	3

2008
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Territory and Municipal Services)
Dangerous Substances and Litter (Dumping) Legislation Amendment Bill 2008

A Bill for
An Act to amend laws relating to the dumping of dangerous substances and litter, 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 Dangerous Substances and Litter (Dumping) Legislation Amendment Bill 2008.
2	Commencement
This Act commences on a day fixed by the Minister by written notice.
Note 1	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Note 2	A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).
Note 3	If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).

Part 2	Dangerous Substances Act 2004
3	Legislation amended—pt 2
This part amends the Dangerous Substances Act 2004.
4	Failure to comply with safety duty—exposing people to substantial risk of death or serious harm
Section 43 (1), new example
insert
Example
Peter dumps material that he knows contains asbestos in an ACT park, where rangers regularly patrol.  He is reckless about whether this poses a danger to anyone.  Peter commits an offence against this section because asbestos is a dangerous substance and, under the general safety duty of everyone involved in handling a dangerous substance, he must take all reasonable steps to minimise the risks resulting from handling the substance (see s 23 and s 41).  Handling a dangerous substance includes disposing of the substance (see s 11).  Peter has exposed the rangers and others (eg anyone using the park who comes across the material) to a substantial risk of developing an asbestos-related disease.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
5	Failure to comply with safety duty—exposing property or environment to substantial risk of substantial damage
Section 45 (1), new example
insert
Example
Sarah dumps arsenic in a stormwater drain.  She is reckless about whether she is exposing the environment to a substantial risk of contamination.  Sarah commits an offence against this section because arsenic is a dangerous substance and, under the general safety duty of everyone involved in handling a dangerous substance, she must take all reasonable steps to minimise the risks resulting from handling the substance (see s 23 and s 41).  Handling a dangerous substance includes disposing of the substance (see s 11).  Sarah has exposed the ACT’s waterways to a substantial risk of contamination.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

Part 3	Litter Act 2004
6	Legislation amended—pt 3
This part amends the Litter Act 2004.
7	Littering
Section 8 (2), note
substitute
Note	Escape is defined in the dictionary.
8	Section 8 (6)
omit
9	Aggravated littering
Section 9, penalty
substitute
Maximum penalty:  100 penalty units, imprisonment for 1 year or both.
10	New sections 9A to 9C
insert
9A	Dumping litter
	(1)	A person commits an offence if—
	(a)	the person intentionally dumps litter at a public place; and
	(b)	either—
	(i)	the volume or weight of litter is more than the amount prescribed by regulation; or
	(ii)	the litter is larger than the size prescribed by regulation.
Maximum penalty:  100 penalty units, imprisonment for 1 year or both.
	(2)	A person commits an offence if—
	(a)	the person intentionally dumps litter anywhere; and
	(b)	either—
	(i)	the volume or weight of litter is more than the amount prescribed by regulation; or
	(ii)	the litter is larger than the size prescribed by regulation; and
	(c)	the person is reckless about whether the litter, or part of the litter, escapes, or is likely to escape, into or onto a public place.
Maximum penalty:  100 penalty units, imprisonment for 1 year or both.
	(3)	Strict liability applies to subsection (1) (b) and subsection (2) (b).
9B	Dumping litter—strict liability
	(1)	A person commits an offence if—
	(a)	the person dumps litter at a public place; and
	(b)	either—
	(i)	the volume or weight of litter is more than the amount prescribed by regulation; or
	(ii)	the litter is larger than the size prescribed by regulation.
Maximum penalty:  50 penalty units.
	(2)	A person commits an offence if—
	(a)	the person dumps litter; and
	(b)	either—
	(i)	the volume or weight of litter is more than the amount prescribed by regulation; or
	(ii)	the litter is larger than the size prescribed by regulation; and
	(c)	the litter, or part of the litter, escapes, or is likely to escape, into or onto a public place.
Maximum penalty:  50 penalty units.
	(3)	An offence against this section is a strict liability offence.
9C	Commercial waste
	(1)	A person commits an offence if the person deposits commercial waste at a public place.
Maximum penalty:  100 penalty units, imprisonment for 1 year or both.
	(2)	An occupier of commercial, industrial or business premises commits an offence if the occupier fails to take reasonable steps to prevent litter from the premises being deposited at a public place.
Maximum penalty:  100 penalty units.
11	Section 10 heading
substitute
10	Commercial waste—strict liability
12	Division 4.3 heading
substitute
Division 4.3	Dealing with litter
13	New subdivision 4.3.1 heading
insert
Subdivision 4.3.1	Dealing with litter—removal etc by person
14	Section 21 heading
substitute
21	Notice to remove etc litter
15	Section 21 (4)
substitute
	(4)	The notice must contain a statement to the effect that if the litter is not removed or disposed of, or the public place not restored, in accordance with the requirement—
	(a)	an authorised person may authorise someone else to remove or dispose of the litter or restore the public place; and
	(b)	the reasonable cost of the removal, disposal or restoration is a debt due to the Territory by the person who is required to comply with the requirement.
Note	An amount owing under a law may be recovered as a debt in a court of competent jurisdiction (see Legislation Act, s 177).
16	Section 22 heading
substitute
22	Authority to remove etc litter when direction not complied with
17	Section 22 (2)
substitute
	(2)	The chief executive may arrange for a person to remove or dispose of the litter, or restore the public place, in relation to which the direction relates.
18	Section 23, except note
substitute
23	Liability for cost of removal etc
A person who fails to comply with a requirement in a notice under section 21 (Notice to remove etc litter) must pay to the Territory the reasonable cost of any removal, disposal or restoration carried out under section 22.
19	AAT review of notice under section 21
Section 24
omit
(Notice to remove litter)
substitute
(Notice to remove etc litter)
20	New subdivision 4.3.2
after section 24, insert
Subdivision 4.3.2	Dealing with litter—removal etc by Territory
24A	Removal etc of litter—by Territory
	(1)	This section applies if an authorised person or police officer believes on reasonable grounds that—
	(a)	litter in a public place has been deposited by anyone (the litterer) in contravention of this Act; and
	(b)	either or both of the following applies:
	(i)	prompt removal or disposal of the litter is necessary because it could cause injury to a person or animal or damage to property;
	(ii)	the size, shape, nature or volume of the litter means that prompt removal or disposal is in the public interest.
Examples
1	A large volume of litter is dumped next to a main road.  Prompt removal is in the public interest because the litter smells and is unsightly.
2	Access to a walking trail in a nature reserve is blocked by an old spa bath that has been dumped in the reserve.  Prompt removal is in the public interest to restore access to the trail.
3	A large public building is being extensively renovated.  The Territory gives permission for the builder to establish a temporary depot on adjacent public land for rubbish from the building site to be deposited.  The depot is fenced.  When the renovations are finished, the rubbish is removed and the fence taken down.  However, someone dumps rubbish at the site, and soon others also dump rubbish there.  Prompt removal is in the public interest because it discourages the dumping of rubbish at the site.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	The chief executive may arrange for a person to do either or both of the following:
	(a)	remove or dispose of the litter from the public place;
	(b)	restore the public place affected by the litter to a state as close as practicable to the state it was in immediately before the litter was deposited.
	(3)	To remove any doubt, if this section applies, notice need not be given to the litterer under section 21 (Notice to remove etc litter).
24B	Recovery of costs associated with removal etc of litter
	(1)	If the chief executive arranges for a person to do a thing mentioned in section 24A (2), the litterer must pay to the Territory the reasonable cost of doing the thing.
Note	An amount owing under a law may be recovered as a debt in a court of competent jurisdiction (see Legislation Act, s 177).
	(2)	In this section:
litterer—see section 24A (1).
21	Dictionary, new definition of escape
insert
escape, into or onto a public place, includes fall, descend and percolate, and be blown or washed, into or onto the place.

Part 4	Magistrates Court (Litter Infringement Notices) Regulation 2004
22	Legislation amended—pt 4
This part amends the Magistrates Court (Litter Infringement Notices) Regulation 2004.
23	Litter Act infringement notice offences and penalties
Schedule 1, table, new item 4
insert
4	9B	50	1 000	

Part 5	Road Transport (General) Regulation 2000
24	Legislation amended—pt 5
This part amends the Road Transport (General) Regulation 2000.
25	New part 1A
insert
Part 1A	Road transport legislation
4B	What is the road transport legislation?—Act, s 6 (i)
For the Road Transport (Safety and Traffic Management) Act 1999, section 10D (4) (a) (i) (Registered operator and interested people to be notified), the following are prescribed:
·	the Dangerous Substances Act 2004, part 3.2 (Failure to comply with safety duties);
·	the Litter Act 2004, section 9 (Aggravated littering);
·	the Litter Act 2004, section 9A (Dumping litter);
·	the Litter Act 2004, section 9C (1) (Commercial waste).

Part 6	Road Transport (Safety and Traffic Management) Act 1999
26	Legislation amended—pt 6
This part amends the Road Transport (Safety and Traffic Management) Act 1999.
27	New section 10AA
before section 10A, insert
10AA	Meaning of relevant offence—div 2.3
In this division:
relevant offence means an offence against any of the following provisions:
·	section 5A (Races, attempts on speed records, speed trials etc);
·	section 5B (Burnouts and other prohibited conduct);
·	section 8 (Menacing driving);
·	the Dangerous Substances Act 2004, part 3.2 (Failure to comply with safety duties);
·	the Litter Act 2004, section 9 (Aggravated littering);
·	the Litter Act 2004, section 9A (Dumping litter);
·	the Litter Act 2004, section 9C (1) (Commercial waste).
28	Impounding or forfeiture of vehicles on conviction etc for certain offences
Section 10B (1)
omit everything before paragraph (a), substitute
	(1)	If a court convicts a person, or finds a person guilty, of a relevant offence, and a motor vehicle has been used by the person in committing the offence, the vehicle is—
29	Section 10B (6) (a)
substitute
	(a)	a court convicts a person, or finds a person guilty, of a relevant offence, and a motor vehicle has been used by the person in committing the offence; and
30	Section 10B (10)
substitute
	(10)	For this section—
	(a)	a person who is convicted, or found guilty, of a relevant offence (the current offence) is a repeat offender in relation to the current offence if the person has been convicted, or found guilty, of a relevant offence within 5 years before being convicted, or found guilty, of the current offence; and
	(b)	a person who is convicted, or found guilty, of a relevant offence is a first offender in relation to the offence if the person is not a repeat offender in relation to the offence.
31	Powers of police officers to seize and impound vehicles used in committing certain offences
Section 10C (1) (a)
substitute
	(a)	the police officer believes on reasonable grounds that the vehicle is being or has been used by a person in committing a relevant offence (other than an offence against section 8 (Menacing driving)); or
32	Registered operator and interested people to be notified
Section 10D (2)
omit everything before paragraph (a), substitute
	(2)	If a prosecution is started against a person for a relevant offence involving a motor vehicle, the chief police officer must give notice of the prosecution to—
33	Keeping of vehicles seized under s 10C (1) (a)
Section 10E (5)
omit
34	Further amendments, mentions of offence
omit
offence
substitute
relevant offence
in
·	section 10B (3) (a)
·	section 10B (4)
·	section 10B (8)
·	section 10B (9)
·	section 10D (4) (a) (i)

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on	2008.
2	Notification
	Notified under the Legislation Act on	2008.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2008