City of Brisbane (Garbage Services) Act 1985 (Qld)

1481 ANNO TRICESIMO QUARTO ELIZABETHAE SECUNDAE REGINAE No. 95 of 1985 An Act to ensure the orderly and efficient collection, removal, transportation and disposal of rubbish and other waste in the City of Brisbane consistent with rights of employees performing such work pursuant to contracts of service or applicable awards ( or both) and to conciliation and arbitration in respect of claims and disputes , and for related purposes [ASSENTED TO 13TH DECEMBER, 1985]

1482 City of Brisbane ( Garbage Services ) Act 1985, No. 95 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART I-PRELIMINARY 1. Short title . This Act may be cited as the CitJ, of Brisbane (Garbage Services) Act 1985. 2. Commencement . (1) Section 1 and this section shall commence on the date this Act is assented to for and on behalf of Her Majesty. (2) Except as provided in subsection (1), this Act or the provisions thereof specified by Proclamation shall commence on the day or days appointed by Proclamation for the commencement of this Act or, as the case may be, those provisions. 3. Arrangement . This Act is arranged in Parts as follows:- PART I-PRELIMINARY (ss. 1-9): PART 11-CONTROL OF GARBAGE SERVICES (ss. 10-14); PART III-INTERFERENCE WITH GARBAGE SERVICES (s. 15): PART IV-ENFORCEMENT AND REMEDIES (ss. 16-18). 4. Interpretation . (1) In this Act, unless the contrary intention appears- "award" means any award, industrial agreement. or decision within the meaning of the Conciliation and Arbitration Act1904 of the Commonwealth (as amended and in force for the time being) or the Industrial Conciliation and Arbitration Act 1961-1985; "commercial refuse" means refuse (other than garden refuse, interceptor waste or waste discharged into a sewer) resulting from the use or occupation of any premises or part thereof, being- (a) a hotel, motel, caravan park, cafe, food store, canteen or like premises; (b) any assembly building, institutional building, school, kindergarten or child minding centre; (c) premises where any spectator sport or any game is played; or (d) any office, shop or other premises whatsoever where there is carried on any business or work, other than a manufacturing process; "contractor" means a person who is party to a garbage contract with the Council: the term includes a subcontractor; "Council" means Brisbane City Council; "Court" means the Supreme Court of Queensland; "direction" means a direction in connexion with an obligation, including a direction which forbids, limits or qualifies what

City of Brisbane ( Garbage Services ) Act 1985, No. 95 1483 may be done or which relates to the time or manner of performance of what is required or directed or permitted to be done; "domestic refuse" means refuse (other than recyclable refuse, interceptor waste or waste discharged into 'a sewer) resulting from the ordinary domestic use or occupation of any premises or any part thereof, being- (a) a single unit dwelling; (b) premises containing 2 or more flats, apartments or other dwelling units, each used as a separate domicile; (c) a boarding house, hostel, lodging house or guest house; "employee" means a person who is an employee of a contractor; "garbage" means commercial refuse, domestic refuse, garden refuse, industrial refuse and nightsoil or any of them; "garbage contract" means a contract between the Council and a contractor whether entered into before or after the commencement of this Act for the provision of services by the contractor in connexion with the collection, removal, transportation, and disposal of garbage or any of them; "garden refuse" means grass cuttings, trees, bushes, shrubs, Toppings of trees, bushes and shrubs and material of a like nature resulting from the ordinary use or occupation of any premises or any part thereof; "industrial refuse" means interceptor waste and refuse other than- (a) waste discharged into a sewer or a treatment process; (b) domestic refuse, commercial refuse, garden refuse or recyclable refuse; "interceptor" means any apparatus used to intercept substances in sewage, waste water or trade waste and to prevent their discharge into sewers, septic tanks, other treatment devices or other waste disposal systems; "interceptor waste" means any matter intercepted by and held in an interceptor; "nightsoil" includes all human faecal matter and human urine and matter mixed with them and the contents of devices for the treatment of those matters and that urine; "obligation" means an obligation, prohibition or restriction pursuant to or in accordance with- (a) a contract; (b) a direction; (c) this Act; or (d) an Award; "recyclable refuse" means clean and inoffensive refuse declared to be recyclable refuse under an approval and having reference

1484 City of Brisbane (Garbage Services) Act 1985, No. 95 only, to that approval , granted by the Council pursuant to section 98 .A of the Health .4ct 1937-1984; "refuse container" means a container of the type approved by the Director-General of Health and Medical Services for the State for the storage of domestic refuse, commercial refuse or, as the case may be, industrial refuse; "subcontract" means a contract for the performance of all or any part of a garbage contract and includes any subsequent subcontract; "subcontractor" means a person to whom all or any part of the performance of a garbage contract is subcontracted, whether by a person who is a party to a garbage contract or otherwise. (2) A direction is not a direction for the purposes of this Act unless it is a lawful direction which is consistent with all applicable laws, awards, and contractual provisions. (3) An obligation is not an obligation for the purposes of this Act unless it is a lawful obligation which is consistent with all applicable laws, awards and contractual provisions. (4) (a) An act or omission does not constitute non-compliance with an obligation for the purposes of this Act if the act or omission occurs:- (i) by accident without negligence; (ii) in consequence of an honest and reasonable but mistaken belief which, if correct, would have justified the act or omission; or (iii) under such circumstances of sudden or extraordinary emergency that an ordinary person possessing ordinary power of self-control could not reasonably be expected to act otherwise. (b) It shall be for the person who seeks to rely upon a provision of paragraph (a) to assert and prove that the requirements thereof are satisfied. (5) For the purposes of this Act, the purposes of an act or omission are both what is intended and the forseeable consequences of that act or omission. (6) For the purposes of this Act, the act or omission of a person who was at the time of the act or omission- (a) the holder of an office within the meaning of the Conciliationand Arbitration Act 1904 of the Commonwealth (as amended and in force for the time being) of an organization of employees within the meaning of that Act, or a person who was an officer of a branch of the organization; or (b) a person elected by a group of employees as their delegate to represent them in any matter with such an organization of employees to which they belong,

City of Brisbane ( Garbage Services ) Act 1985, No. 95 1485 shall be deemed to be the act or omission of the organization and the purposes of the officer or person shall be deemed to be the purposes of the organization. (7) For the purposes of this Act, the act or omission of a person who was at the time of the act or omission an officer within the meaning of the Industrial Conciliation and Arbitration Act 1961-1985 of an industrial union of employees within the meaning of that Act or a branch of the industrial union shall be deemed to be the act or omission of the industrial union and the purposes of the officer shall be deemed to be the purposes of the industrial union. 5. Nothing to exclude or limit other rights at law. Nothing in this Act shall exclude or limit any right or power of the Council under any Act or law. 6. Delegation . The Council may delegate to the Mayor or to any officer of the Council all or any of its powers, functions, authorities, duties and discretions under a garbage contract or this Act. 7. Proceedings not to be brought for offences . No proceeding shall be brought as for an offence against this Act in respect of any non- compliance with an obligation: Provided that nothing in this Act shall exclude, limit or qualify the jurisdiction and power of the Court to enforce compliance, and to punish for non-compliance, with an order of the Court. 8. Act subject to legislative power of the State . This Act shall be read and construed so as not to exceed the legislative power of the State. to the extent that where any provision thereof would, but for this provision, be construed as being in excess of that power or as being invalid by reason of inconsistency with a law of the Commonwealth it shall nevertheless be a valid enactment to the extent to which it is not in excess of that power or to which it can operate without inconsistency with a law of the Commonwealth. 9. Construction of Act. In the interpretation of a provision of this Act, a construction that would promote the object of the Act shall be preferred to a construction that would not promote that object. PART II-CONTROL OF GARBAGE SERVICES 10. Directions to Contractors . (1) The Council may give directions either orally or in writing to a contractor in connexion with the performance of a garbage contract, including the performance of a subcontract, and the contractor shall comply fully with all such directions. (2) Where an oral direction is given under subsection (1) that direction shall, as soon as practicable after it is given, be reduced to writing and a copy thereof given to the contractor.

1486 City of Brisbane (Garbage Services) Act 1985, No. 95 11. Directions to employees . (1) A contractor shall give such directions to his employees as are necessary to ensure full compliance with all obligations upon that contractor. (2) Directions may be given by a contractor orally or in writing and to employees generally or to any one or more employees. 12. Employee to comply with directions . An employee shall comply fully with all obligations upon that employee. 13. Contractor to supply details of directions . A contractor shall forthwith provide the Council in writing with full details of all directions given by the contractor and in respect of any non-compliance by an employee with an obligation upon that employee. 14. Council may direct dismissal of employee . (1) Subject to subsection (2), the Council may give a direction in writing to a contractor to terminate the employment of an employee who has not complied or is not complying fully with the obligations upon that employee and the contractor shall terminate the employment of that employee in accordance with that direction. (2) The Council shall not direct a contractor to terminate the employment of an employee without first affording the contractor and the employee such opportunity as the Council considers adequate to show cause to the Council why that employee's employment should not be terminated. (3) Nothing in this Act shall exclude or limit any entitlement of either a contractor or an employee to terminate the employment of the employee. PART III-INTERFERENCE WITH GARBAGE SERVICES 15. Acts and omissions constituting non-compliance with obligations. A person shall not- (a) by act or omission interfere with, interrupt, hinder or prevent compliance in any respect with an obligation; (b) by act or omission attempt to interfere with, interrupt, hinder or prevent compliance in any respect with an obligation; (c) do or omit to do or attempt to do any act for the purpose or for purposes which include the purpose of interfering with, interrupting, hindering or preventing compliance in any respect with an obligation; (d) threaten to interfere with, interrupt, hinder or prevent or to do or omit to do any act for the purpose or for purposes which include the purpose of interfering with, interrupting, hindering or preventing compliance in any respect with an obligation; (e) conspire to interfere with, interrupt, hinder or prevent to do or omit to do any act for the purpose or for purposes

City of Brisbane ( Garbage Services ) Act 1985, No . 95 1487 which include the purpose of interfering with, interrupting, hindering or preventing compliance in any respect with an obligation; or (0- (i) by act or omission aid, abet , counsel , procure, incite, encourage , induce ( whether by threats or promises or otherwise); (ii) be in any way, directly or indirectly , knowingly concerned in or party to, non-compliance in any respect with an obligation. PART IV-ENFORCEMENT AND REMEDIES 16. Power of Court on application of Council . (1) On the application of the Council- (a) the Court may grant an order in such terms as it deems appropriate requiring a person who is not complying, or who has threatened or is proposing not to comply fully, with all or any obligations upon that person to comply with those obligations or with the obligation or obligations specified in the order: (b) the Court may grant such an order in respect of a person who has previously not complied fully with all obligations upon that person although that person is complying fully with the obligations upon that person and proposes to continue to do so: (c) the Court may grant an interim or interlocutory order pending final determination of an application for an order under paragraph (a) or (b). (2) An order shall not be granted under subsection (1) that requires a person to continue to perform work as an employee in respect of any period subsequent to the termination of his employment. (3) The Council shall not be required to give an undertaking as to damages or otherwise in connexion with an order granted under subsection M. (4) The Court may on application by a party to an order granted under subsection (1) rescind, vary or stay the operation of the order. 17. Imposition of pecuniary penalties . (1) On the application of the Council at any time during the period of non-compliance or within one year after the expiration of that period, the Court may order a person who has not complied or is not complying fully with an order of the Court to pay a pecuniary penalty not exceeding- (a) $250 000.00 in the case of a body corporate, an organization of employees within the meaning of the Conciliation andArbitration Act 1904 of the Commonwealth (as amended

1488 Citt• of Brisbane (Garbage Services) Act 1985, No. 95 and in force for the time being ) or an industrial union of employees within the meaning of the Industrial Conciliation and Arbitration Act 1961-1985; (b) $50 000. 00 in the case of any other person. (2) A penalty so imposed shall be paid to the Council within the time fixed by the order whereupon the Council shall pay one half of any amount received into the City Fund of the Council and the other half of such amount to the Consolidated Revenue Fund of Queensland. (3) Nothing in this section- (a) shall impose any obligation upon the Council to apply for a pecuniary penalty; or (b) shall impose- (i) any obligation upon the Council to recover a pecuniary penalty; or (ii) any liability to make any payment to the Consolidated Revenue Fund of Queensland in respect of a pecuniary penalty, ordered to be paid but not received by the Council. 18. Jurisdiction of Court. (1) The original jurisdiction of the Court under this Part shall be exercised by a single judge sitting without a jury. (2) Except as otherwise provided in this Part, the Court shall have and may exercise all its powers and authorities in any proceeding under this Act and its ordinary practices and procedures shall apply in such proceedings.