Litter Amendment Act 1981 (WA)

WESTERN AUSTRALIA.

LITTER.

No. 49 of 1981.

AN ACT to amend the Litter Act 1979.

[Assented to 16 September 1981.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

1. (1) This Act may be cited as the Litter	Short title
and citation.

Amendment Act 1981.

(2) In this Act the Litter Act 1979 is referred to Act No. 81 of 1979.

as the principal Act.

(3) The principal Act as amended by this Act may

be cited as the Litter Act 1979-1981.

No. 49.] Litter. [1981.

Commence-

ment. 2. (1) Subject to subsection (2) of this section

this Act shall come into operation on the day on

which it is assented to by the Governor.

(2) Paragraphs (b) and (c) of section 5 of this Act shall come into operation on a day to be fixed by proclamation.

Section 3

repealed.	3.	Section 3 of the principal Act is repealed.
Section 26
amended.	4.

Section 26 of the principal Act is amended in subparagraph (v) of paragraph (c) of subsection (2) by deleting "the Museum" and substituting the following-

" The Western Australian Museum constituted

by the Museum Act 1969 " .

Section 30

amended. 5. Section 30 of the principal Act is amended

(a)	in subsection (2) by deleting "by registered post";
(b)	in subsection (4) by deleting "signed by a prescribed officer,"; and
(c)	by inserting after subsection (4) the follow- ing subsections

CC

(4a) A withdrawal notice sent under subsection (4) shall be signed by a person appointed in writing to with- draw infringement notices by the public authority on behalf of which the infringement notice was served.

1981.] Litter. [No. 49.

(4b) For the purposes of subsection (4a) an infringement notice served by an authorized officer of a class referred to in column 1 of the Third Schedule shall be regarded as having been served on behalf of the public authority referred to in column 2 of that Schedule opposite the reference to that class of authorized officers. " .

Section 31

6. Section 31 of the principal Act is amended amended.

(a) by repealing subsection (2) and substitut- ing the following subsections-

lf

(2) Penalties for offences against this Act recovered in proceedings instituted by or on behalf of a public authority that has a fund, shall be paid into that fund.

(2a) Penalties for offences against this Act recovered in proceedings instituted by or on behalf of a public authority that does not have a fund but administers or uses any moneys paid to or collected by it, shall be paid to that authority to be administered or used by it as part of those moneys.

(2b) For the purposes of subsections (1), (2) and (2a) proceedings instituted by an authorized officer of a class referred to in column 1 of the Third Schedule shall be regarded as having been instituted on behalf of the public authority referred to in column 2 of that Schedule opposite the reference to that class of authorized officers. " ; and

(b) in subsection (3) by deleting "or (2)" and substituting the following-

CC' , (2) or (2a) " .

No. 49.] Litter. [1981.

Third

Schedule	7. The principal Act is amended by adding, at
added.

the end, the following Schedule

THIRD SCHEDULE. Sections 30 and 31

Institution of Proceedings.

Column 1 Column 2

Class of authorized officer

Public authority on behalf

serving infringement notice

of which notice is served

or instituting proceedings

or proceedings instituted

Members of the Police Force

The Commissioner of Police

Members, officers, employees

That municipality

or honorary inspectors of a

municipality

Officers or employees of the

The Council

Council or officers or em- ployees whose services the Council makes use of

Inspectors under the Envi-

The Environmental Protec-

ronmental Protection Act

tion Authority

1971

Forest officers under the

The Conservator of Forests

Forests Act 1918

Wildlife officers under the

The Director of Fisheries and

Wildlife Conservation Act

Wildlife

1950

Rangers under the National

The National Parks Auth-

Parks Authority Act 1976

ority of Western Australia

Members of the staff of The

The Western Australian

Western Australian Museum

Museum

or honorary wardens under the Aboriginal Heritage Act 1972

Inspectors or honorary war-

The Management Authority

dens under the Waterways

constituted under that Act in

Conservation Act 1976

relation to the management area in respect of which the authorized officer is exercis- ing his powers

Inspectors under the Fish-

The Director of Fisheries

eries Act 1905

Bush fire liaison officers

The Bush Fires Board

under the Bush Fires Act

1981.] Litter. [No. 49.

Column 1 Column 2

Class of authorized officer

Public authority on behalf

serving infringement notice

of which notice is served

or instituting proceedings

or proceedings instituted

Inspectors under the West-

The Manager of the Harbour

ern Australian Marine Act

and Light Department

1948

Persons holding or acting in

That public authority

a prescribed office of a

public authority

)7