Litter (Amendment) Act 1979 (ACT)
No. 18 of 1979
An Ordinance to amend the Litter Ordinance 1977
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Ordinance under the Seat of Government (Administration) Act 1910.
Dated this twenty-eighth day of June 1979.
ZELMAN COWEN
Governor-General
By His Excellency's Command,
R. ELLICOTT
Minister of State for the Capital Territory
LITTER ( A M E N D M E N T ) ORDINANCE 1979
| 1. This Ordinance may be cited as the Litter (Amendment) | Ord |
inance 1979.'
2. In this Ordinance, "Principal Ordinance" means the Litter
Ordinance 1977.2
3. Section 2 of the Principal Ordinance is amended—
| (a) | by inserting before the definition of " C o u r t " the following definition: | |
| (b) | by omitting from sub-section (2) "this section" and substituting | |
|
" 'authorized officer' means a person appointed under sub
section 8 (1 A) to be an authorized officer;"; and
| ( b) | by omitting "section 8 " from the definition of " inspector" and | |
|
4. Section 8 of the Principal Ordinance is amended—
| (a) | by inserting after sub-section (1) the following sub-section: |
" ( l A ) The Minister may, by instrument in writing, appoint such persons as he considers necessary to be authorized officers for the purposes of this Ordinance."; and
5. Section 10 of the Principal Ordinance is amended—
(a) by inserting after sub-section (2) the following sub-section: " ( 2 A ) Evidence of service of a litter notice may be given by affidavit."; and
(b) by omitting sub-section (5) and substituting the following sub-sections: " ( 5 ) Where a litter notice has been served and, either before the expiration of the specified period of 14 days or—
(a)
in the case of a litter notice served before the date of commencement of the Litter (Amendment) Ordinance 1979—at any time before service of a summons in respect of the alleged littering offence; or
(b)
in the case of a litter notice served on or after the date of commencement of that Ordinance—within such further time (not exceeding 28 days) as the Secretary or an authorized officer, whether before or after the expiration of that period of 14 days allows,
the amount of the prescribed penalty is paid in accordance with
the notice—
(c)
any liability of a person in respect of the alleged littering offence shall be discharged;
(d)
no further proceedings shall be taken in respect of the al leged littering offence; and
(e)
no person shall be regarded as having been convicted for the alleged littering offence.
"(5A) Where, on or after the date of commencement of the Litter (Amendment) Ordinance 1979, a prosecution is commen ced for a littering offence in respect of which a litter notice was served before the date of commencement of that Ordinance, at the hearing of the prosecution a certificate signed by the Sec retary or an authorized officer and stating that the prescribed penalty in respect of the offence was not paid in accordance with the notice either within 14 days after the date of the notice or at any time before service of a summons in respect of the offence is evidence of the matters so stated. "(5B ) At the hearing of a prosecution for a littering offence in respect of which a litter notice is served on or after the date of commencement of the Litter (Amendment) Ordinance 1979, a certificate signed by the Secretary or an authorized officer and stating— (a)
that further time for the payment of the prescribed pen alty in respect of the offence was not allowed under para graph (5) (b) : and
(b)
that the prescribed penalty was not paid in accordance with the notice within 14 days after the date of the notice,
is evidence of the matters so stated.
" ( 5 c ) At the hearing of a prosecution for a littering offence in respect of which a litter notice is served on or after the date of commencement of the Litter (Amendment) Ordinance 1979, a certificate signed by the Secretary or an authorized officer and stating—
(a)
that the further time specified in the certificate for the payment of the prescribed penalty in respect of the offence was allowed under paragraph (5) (b) ; and
(b)
that the prescribed penalty was not paid in accordance with the notice within 14 days after the date of the notice or within the further time allowed under paragraph ( 5 ) ( b ) ,
is evidence of the matters so stated.
" ( 5 D ) For the purposes of sub-sections (5A) , ( 5 B ) and
( 5 C ) -
(a)
a document that purports to have been signed by the Secretary shall be taken to have been so signed unless the contrary is proved; and
(b)
a document that purports to have been signed by an authorized officer shall be taken to have been so signed unless the contrary is proved.".
NOTES
1. Notified in the Commonwealth of Australia Gazette on 5 July 1979.
2. Ordinance No. 27, 1977.
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