Litter (Amendment) Act 1985 (ACT)

AUSTRALIAN CAPITAL TERRITORY

Litter (Amendment) Ordinance 1985

No. 45 of 1985

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 6 September 1985.

J.A. ROWLAND

Administrator

By His Excellency’s Command,

G. SCHOLES

Minister of State for Territories

An Ordinance to amend the Litter Ordinance 1977

Short title

1.  This Ordinance may be cited as the Litter (Amendment) Ordinance 1985.¹

Principal Ordinance

2.  In this Ordinance, “Principal Ordinance” means the Litter Ordinance 1977.²

Interpretation

3.  Section 2 of the Principal Ordinance is amended by inserting after the definition of “Court” the following definition:

“ ‘dangerous container’ means a vessel, container or receptacle (other than a vehicle or part of a vehicle or a bin or other receptacle ordinarily used to hold garbage or refuse) comprising or containing a compartment that—

(a)has a capacity of not less than 40 litres;

(b)has an opening of not less than 120 millimetres in both width and height; and

(c)is fitted with a door or lid capable of being fastened and capable of closing that opening;”.

Application

4.  Section 7 of the Principal Ordinance is amended by inserting “ , other than section 7A,” after “Ordinance”.

5.  After section 7 of the Principal Ordinance the following section is inserted:

Depositing or abandoning dangerous containers

“7A.  (1)  A person who deposits or abandons a dangerous container in a public place or public tip is guilty of an offence punishable, on conviction, by a fine not exceeding $2,000.”.

“(2)  A person is not guilty of an offence under sub-section (1) if he adduces evidence that he took reasonable steps to prevent children gaining access to the relevant compartment and that evidence is not rebutted by the prosecution.”.

NOTE

1. Notified in the Commonwealth of Australia Gazette on 13 September 1985.

2. No. 27, 1977 as amended by No. 18, 1979.