Litter Act Amendment Act 1978 (Qld)

349 Cy1tPenzh utr ANNO VICESIMO SEPTIMO ELIZABETHAE SECUNDAE REGINAE No. 44 of 1978 An Act to amend the LitterAct 1971 in certain particulars [ASSENTED TO 8TH JUNE, 1978] 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 citation . (1) This Act may be cited as the Litter Act Amendment Act 1978. (2) The Litter Act 1971 is in this Act referred to as the Principal Act.

350 Litter Act Amendment Act 1978, No. 44 (3) The Principal Act as amended by this Act may be cited as the Litter Act1971-1978. 2. Commencement . This Act shall commence on a date to be fixed by Proclamation. 3. Amendment of s. 2 . Section 2 of the Principal Act is amended by inserting at the end of the definition " put " the following symbol and definition:- {t " vehicle " includes a carriage, cart, dray, wagon, truck, hand-cart, barrow, bicycle, tricycle, motor cycle, motor car, motor omnibus, motor truck, motor utility truck, and a trailer attached to or drawn by a vehicle". 4. Amendment of s. 3 . Section 3 of the Principal Act is amended by in paragraph (a) inserting after the words " or to have committed " the words " or who is deemed by section 9A (1) to have committed ". 5. New s. 3A. The Principal Act is amended by inserting after section 3 the following section:- " 3A. Police may stop vehicles. Where a contravention of section 6 of this Act is committed and that contravention consists of the putting or the dropping and leaving of litter on a public place from a vehicle a member of the Police Force may require the driver of the vehicle to stop the vehicle for the purpose of enforcing the provisions of this Act.". 6. Amendment of s. 9 . Section 9 of the Principal Act is amended by- (a) in subsection (I), inserting after the word " committing " the words " or who is deemed by section 9A (1) to have committed "; (b) in subsection (2), (i) in paragraph (c), inserting after the word " committing " the words "or which the person is deemed by section 9A (1) to have committed "; (ii) inserting at the end of paragraph (e) the following symbol and paragraph:- (f) shall, where the person is the driver or person in charge of a vehicle who pursuant to section 9A (1) is deemed to have committed an offence, inform him in general terms of the provisions of section 9A (2) ".

Litter Act Amendment Act 1978, No. 44 351 7. New s. 9A. The Principal Act is amended by inserting after section 9 the following section:- " 9A. Offences in respect of vehicles . (I) Where an offence against section 6 of this Act consists of the putting or the dropping and leaving of litter on a public place from a vehicle and the authorized officer investigating the commission of the offence is unable to establish who committed the offence, the driver or person in charge of the vehicle shall be deemed to have committed the offence and may be proceeded against and shall be punishable accordingly. (2) Notwithstanding the provisions of subsection (1), the driver or person in charge of a vehicle shall not, by virtue of that subsection, be deemed to have committed the offence if not later than ten days after the date of service of a summons on him for that offence he supplies to- (a) where the prosecution has been instituted pursuant to section 10 (2) (a), the inspector of the Police Force who is in charge of the Police District in which the offence is committed; (b) where ' the prosecution has been instituted pursuant to section 10 (2) (b), the Clerk of the Local Authority in question; (c) where the prosecution has been instituted pursuant to section 10 (2) (c), the person or authority in question, a statement in writing verifying, on oath or by statutory declaration, to the satisfaction of the inspector or, as the case may be, Clerk or person or authority that some other person committed the offence and therein supplying the name of that other person and the address at which he may be readily located, or, if that name and address are not known to him, verifying to the satisfaction of the inspector or, as the case may be, Clerk or person or authority that he did not know or could not find out the person's name and address. (3) In any prosecution instituted against a person named in the statement supplied under subsection (2) a copy of the statement shall be served with the summons. The endorsement of a copy of the statement with an oath of service shall be evidence of such service and in the absence of evidence to the contrary shall be conclusive evidence of such service. (4) Subject to subsection (3), the production by the prosecutor of a statement supplied under subsection (2) shall be evidence of the facts stated therein and in the absence of evidence to the contrary shall be conclusive evidence of such facts.

352 Litter Act Amendment Act 1978, No. 44 (5) The provisions of subsection (1) whereby the driver or person in charge of a vehicle may be proceeded against for an offence against section 6 of this Act (which by subsection ( 1) he is deemed to have committed ) shall not prejudice or affect the liability of the person by whom the offence was actually committed to be proceeded against and punished therefor, save that where either of them has been punished for the offence by being convicted therefor or by paying pursuant to section 9 of this Act a prescribed sum of money by way of penalty, then the other of them shall cease to be subject to any liability under this Act in respect of the offence.".