Litter Act 1971 (Qld)

395 fQtuePxts1xxt?r ANNO VICESIMO ELIZABETHAE SECUNDAE REGINAE No. 28 of 1971 An Act to Make Provision for the Abatement of Litter and for Other Purposes [ASSENTED TO 22ND APRIL, 1971] 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:- 1. Short title and commencement . (1) This Act may be cited as the Litter Act 1971. (2) The provisions of this Act, other than of this section, shall commence on a date to be fixed by the Governor in Council by Proclamation published in the Gazette. 2. Interpretation . (1) In this Act, save where the contrary appears- authorized person " means- (a) in relation to any public place, a member of the Police Force; (b) in relation to a public place under the control of a Local Authority, a person appointed by that Local Authority to be an authorized person for the purposes of this Act;

396 Litter Act 1971, No. 28 (c) in relation to a public place other than one referred to in the preceding paragraph (b), a person appointed by the person or authority having control of that place to be an authorized person in relation to that place for the purposes of this Act; " litter " means any kind of rubbish, refuse or garbage, and any matter that, when on a public place, causes, contributes to or tends to the defacement or defilement of that place; " Local Authority " means a Local Authority constituted under the Local Government Act 1936-1970 and Brisbane City Council constituted under the City of Brisbane Act1924-1969; " public place " means a road dedicated to public use or open to use by the public whether upon payment of a toll or as of right and a place of public resort open to use by the public as of right; " put " includes to throw and to deposit. 3. Powers of authorized persons . An authorized person may- (a) require a person whom he finds committing or whom he reasonably suspects to be committing or to have committed an offence against this Act to state his full name and usual place of residence; (b) by virtue of the authority of this Act arrest a person who being required so to do, fails to state his full name and usual place of residence or who states a name or place of residence that the authorized person reasonably suspects to be false, and take him to a police station or watch-house there to be detained until his full name and usual place of residence are ascertained. 4. Identification of authorized persons. Every authorized person other than a member of the Police Force shall be issued with an identity card by the person or authority that appointed him wherein shall be specified the name of the authorized person to whom it is issued and the fact that he is an authorized person for the purposes of this Act and, where he is appointed in relation to a particular place, a reference to that place. In the exercise of his powers and functions under this Act an authorized person shall carry his identity card and, should the circumstances require it, exhibit it for the purpose of his identification. An authorized person shall, upon his ceasing to hold that appointment, surrender his identity card- (a) in the case of an authorized person appointed by a Local Authority, to that Authority; (b) in the case of an authorized person appointed otherwise, to the person or authority that appointed him or to the successor to that person or authority. 5. Offence touching execution of Act. (1) A person shall not assault or use insulting or abusive language to an authorized person who is exercising any of his powers under this Act or is attempting so to do. Penalty: $200 or imprisonment for six months or both such pecuniary penalty and such imprisonment.

Litter Act 1971, No. 28 397 (2) A person shall not fail to comply with a requisition directed to him under this Act by an authorized person or, in response to such a requisition, give any information that is false or misleading. Penalty : $100. (3) A person shall not hinder or resist an authorized person who is exercising any of his powers under this Act or is attempting so to do. Penalty: $100. 6. Offence to litter . (1) A person shall not- (a) put litter, or cause litter to be put on a public place; or (b) drop and leave litter , or cause litter that has been dropped to be left on a public place, save under the authority of and in accordance with the requirements of the person or authority having control of that public place. (2) A person who contravenes any provision of subsection (1) of this section commits an offence against this Act and is liable to a penalty of $300 where- (a) the litter material to the charge consists of or includes broken glass or any other substance likely to cause injury to a person using the public place; or (b) the court before which he is convicted is of opinion that the quantity of litter material to the charge is substantial, and in any other case to a penalty of $200. (3) It is a defence to a charge of putting litter, or causing litter to be put on a public place other than a road to prove- (a) that the litter was put there as an incident in the enjoyment of the public place as a place of public resort; and (b) that the litter was not left on the public place (otherwise than in a receptacle available for the purpose) longer than was reasonable for the purpose of that enjoyment. (4) A person shall not break glass or cause glass to be broken in a public place save under the authority of and in accordance with the requirements of the person or authority having control of that public place. Penalty: $300. 7. Offender may be ordered to clean up. (1) A court before which a person is convicted of an offence against any provision of section 6 of this Act may, in addition to imposing a penalty as prescribed by that section order the offender- (a) to clean up the litter material to the charge and to remove it from the public place concerned within the time appointed in the order to the satisfaction of the person specified in the order; and (b) in default of his complying with the order of the court or with a direction of the person so specified within the time appointed, to pay a further penalty in such amount, not exceeding $200, as the Court thinks fit.

398 Litter Act 1971, No. 28 (2) In every order made pursuant to subsection ( 1) of this section the court shall either specify a place to which the litter is to be removed or direct that it is to be removed to a place nominated by the person to whose satisfaction the litter is to be cleaned up and removed. (3) When the order made pursuant to subsection ( 1) of this section is comp'ied with to the satisfaction of the person specified that person shall give or send to the offender a written statement to that effect. (4) Where an order made pursuant to subsection ( 1) of this section is not complied with to the satisfaction of the person specified a justice may, upon the complaint of that person , issue a summons requiring the offender in default to show cause before a Magistrates Court constituted under The Justices Acts 1886 to 1968 or, where the offender has not attained the age of seventeen years, before a Childrens Court why the further penalty imposed by that order should not be enforced. Upon the hearing of such summons the court- (a) may extend the time for compliance with the order made pursuant to subsection ( 1) of this section whereupon the preceding provisions of this section shall apply as if such extended time were the time appointed by the order; ( b) may make such order as it thinks fit. 8. Offender may be ordered to pay for removal of litter . A court before which a person is convicted of an offence against any provision of section 6 of this Act, or which upon a hearing of a summons to show cause issued pursuant to section 7 of this Act does not extend the time appointed as therein prescribed, may, in addition to imposing a penalty, order the offender to pay (within a time appointed in the order) to the person or authority having control of the public place concerned such sum as it considers reasonable for the cleaning up and removal of the litter material to the charge from that public place. A certificate of the clerk of the court that includes the terms of an order made pursuant to this section may be filed in the registry of a court that has jurisdiction in an action for debt to the extent of the amount so ordered to be paid, or, as the case may be, of the amount remaining unpaid, and thereupon the order may be enforced as an order made by that court for payment to the person or authority named in the order of a debt due and owing to him. 9. Penalties exacted by way of notice to offender . (1) When an authorized person finds a person committing a contravention of any provision of section 6 of this Act and, having regard to the type and quantity of litter concerned, the place where the offence occurs, and the circumstances in which the offence occurs the authorized person believes that proceedings under this section are adequate he may, upon ascertaining the offender's full name and usual place of residence give him the notice specified in this section. (2) The notice- (a) shall be identified by a serial number; (b) shall identify the person to whom it is given by his full name and usual place of residence; (c) shall state in general terms the offence which the person has been found committing;

Litter Act 1971, No. 28 399 (d) shall inform the person in general terms that if he does not desire the matter to be determined in a court hearing he may complete the form attached to or appearing upon the notice and may forward or deliver that form together with a prescribed sum by way of penalty to the person named therein within the time appointed in the notice (which shall be not less than ten days from the date of the giving of the notice) whereupon he will not be liable to further penalty or costs in the matter; (e) shall inform the person in general terms that he has the right to decline to proceed in the manner described in paragraph (d) of this subsection and to allow the matter to be determined in a court hearing- (i) if he desires to contest the question whether the offence alleged was in fact committed; or (ii) if he wishes to submit to the court matters in extenuation of penalty; or (iii) for any other reason, in which event he need not reply or take further action in respect of the notice and that in such case court process will issue against him in dice course. (3) Where a person to whom a notice is given pursuant to subsection (1) of this section proceeds in the manner described in paragraph (d) of subsection (2) of this section within the time appointed in the notice a proceeding against him by way of prosecution for the offence alleged in the notice shall not be competent but otherwise such a proceeding may be commenced as if the notice had not been given. 10. Proceedings for offences . (1) Prosecutions for offences against this Act shall be taken by way of summary proceedings under The Justices Acts 1$86 to 1968 within the period of one year after the offence is committed or within six months after the commission of the offence comes to the knowledge of the complainant, whichever period is the later to expire. (2) A prosecution for an offence against this Act may be instituted- (a) in relation to an offence committed on any public place, by a member of the Police Force; (b) in relation to an offence committed on a public place under the control of a Local Authority, by the Clerk of that Local Authority or by a person authorized in that behalf by that Local Authority; (c) in relation to an offence committed on a public place under the control of a person or authority (other than a Local Authority), by that person or authority or by a person authorized in that behalf by that person or authority. 11. Appropriation of penalties . A penalty recovered in respect of an offence against this Act shall be paid- (a) where the proceedings for recovery of the penalty were instituted upon the resolution of a Local Authority, into the general fund of the Local Authority; (b) where the proceedings for recovery of the penalty were instituted by a person or authority (other than a Local Authority) having control of the public place concerned or by

400 Litter Act 1971, No. 28 a person authorized in that behalf by that person or authority, into the fund maintained by that person or authority for the purposes of that public place or for purposes that include those purposes; (c) where the proceedings for recovery of the penalty were instituted by a member of the Police Force or where there is no fund to which payment may be made to comply with paragraph (b) of this section, into the Consolidated Revenue of the State. 12. Evidentiary provisions . (1) In proceedings for an offence against this Act (a) oral evidence by any person as to his appointment as an authorized person is sufficient evidence thereof; (b) a writing purporting to be an authority that authorizes the person named therein to institute a prosecution for an offence against this Act is evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained therein. (2) In proceedings for an offence against this Act a statement in the complaint- (a) that a place referred to therein is a road or part of a road dedicated to public use or open to use by the public or is a place of public resort open to use by the public as of right, or (b) that a place referred to therein is under the control of a person or authority (including a Local Authority) specified therein, or (c) that the complainant is a member of the Police Force, or is the Clerk of the Local Authority specified in the complaint, or (d) that the defendant named therein has not proceeded in the manner described in paragraph (d) of subsection (2) of section 9 of this Act within the time appointed in a notice given to him pursuant to that section, is evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained therein. 13. Protection from liability. An authorized person shall not incur any liability on account of anything done for the purposes of this Act or done bona fide purportedly for the purposes of this Act. 14. Regulations . (I) The Governor in Council may make regulations not inconsistent with this Act prescribing all matters required or permitted by this Act to be prescribed and all matters that, in the opinion of the Governor in Council, are necessary or convenient for the proper administration of this Act or to achieve the objects and purposes of this Act. A penalty prescribed in respect of any breach of the regulations shall not exceed $50. (2) Every regulation shall- (a) be published in the Gazette; (b) upon its publication in the Gazette, be judicially noticed and such publication shall be conclusive evidence of the matters contained therein;

Litter Act 1971, No. 28 401 (c) take effect from the date of its publication in the Gazette unless a later date is specified in that or any other regulation for its commencement when in such event it shall take effect from that later date; (d) be laid before the Legislative Assembly within 14 sitting days after its publication in the Gazette if the Legislative Assembly is in session and if not then within 14 sitting days after the commencement of the next session. (3) If the Legislative Assembly passes a resolution of which notice has been given at any time within 14 sitting days after any such regulation has been laid before it disallowing the same or any part thereof the regulation or, as the case may be, such part shall thereupon cease to have effect but without prejudice to the validity of anything done in the meantime or to the making of a further regulation.