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This is a Bill, not an Act. For current law, see the Acts databases.


LITTER AMENDMENT BILL 2011

                  Western Australia


      Litter Amendment Bill 2011

                    CONTENTS


1.    Short title                      2
2.    Commencement                     2
3.    Act amended                      2
4.    Section 23 amended               2
5.    Section 24 amended               2
6.    Section 24A amended              3
7.    Section 24B amended              3
8.    Section 25 amended               3
9.    Section 26 amended               3
10.   Section 27 amended               4
11.   Section 27A amended              4
12.   Section 30 amended               7
13.   Section 33 amended               7




                      240--1           page i
                           Western Australia


                     LEGISLATIVE ASSEMBLY



               Litter Amendment Bill 2011


                               A Bill for


An Act to amend the Litter Act 1979.



The Parliament of Western Australia enacts as follows:




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     s. 1




1    1.       Short title
2             This is the Litter Amendment Act 2011.

3    2.       Commencement
4             This Act comes into operation as follows --
5              (a) sections 1 and 2 -- on the day on which this Act
6                    receives the Royal Assent;
7              (b) the rest of the Act -- on a day fixed by proclamation,
8                    and different days may be fixed for different provisions.

9    3.       Act amended
10            This Act amends the Litter Act 1979.

11   4.       Section 23 amended
12            In section 23 delete the Penalty and insert:
13

14                  Penalty:
15                      (a) for an individual, a fine of $5 000;
16                      (b) for a body corporate, a fine of $10 000.
17


18   5.       Section 24 amended
19            In section 24 delete the Penalty and insert:
20

21                  Penalty:
22                      (a) for an individual, a fine of $5 000;
23                      (b) for a body corporate, a fine of $10 000.
24




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                                                                              s. 6



1    6.         Section 24A amended
2         (1)   In section 24A(1) delete the Penalty and insert:
3

4                     Penalty:
5                         (a) for an individual, a fine of $5 000;
6                         (b) for a body corporate, a fine of $10 000.
7

8         (2)   In section 24A(2) delete the Penalty and insert:
9

10                    Penalty:
11                        (a) for an individual, a fine of $5 000;
12                        (b) for a body corporate, a fine of $10 000.
13

14   7.         Section 24B amended
15              In section 24B(1) in the Penalty after "Penalty:" insert:
16

17              a fine of
18

19   8.         Section 25 amended
20              In section 25(9) in the Penalty after "Penalty:" insert:
21

22              a fine of
23

24   9.         Section 26 amended
25              In section 26(2) delete "Minister" and insert:
26

27                    CEO, as defined in the Environmental Protection
28                    Act 1986 section 3(1),
29


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     s. 10



1    10.          Section 27 amended
2                 In section 27(1a) and (3) in the Penalty after "Penalty:" insert:
3

4                 a fine of
5

6    11.          Section 27A amended
7          (1)    Before section 27A(1) insert:
8

9                (1A)   In this section --
10                      infringement notice means an infringement notice
11                      under section 30;
12                      prosecution notice means a prosecution notice under
13                      the Criminal Procedure Act 2004;
14                      relevant time, in relation to an offence, means the time
15                      at which the offence is alleged to have been committed;
16                      responsible person, for a vehicle, means --
17                        (a) if the Road Traffic (Administration) Act 2008
18                               section 6 is in operation -- a person responsible
19                               for the vehicle under that section; or
20                        (b) if the Road Traffic (Administration) Act 2008
21                               section 6 is not in operation -- a person
22                               responsible for the vehicle under the Road
23                               Traffic Act 1974 section 5A.
24

25         (2)    In section 27A(1):
26                  (a) delete "glass" (second occurrence);
27                  (b) delete "offence, the driver or person in charge of the
28                        vehicle is" and insert:
29

30                      offence --
31                        (a) the driver or person in charge of the vehicle at
32                             the relevant time; or

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                                                                               s. 11



1                     (b)   if the authorised officer investigating the
2                           offence is unable to establish who was the
3                           driver or person in charge of the vehicle at the
4                           relevant time, a responsible person for the
5                           vehicle at that time,
6                is
7

8    (3)   Delete section 27A(2), (3) and (4) and insert:
9

10         (2)   Despite subsection (1), a person is not to be taken to
11               have committed an offence under that subsection if --
12                 (a) within 14 days after the date of service of an
13                      infringement notice on the person for the
14                      offence, the person gives to the person who
15                      served the infringement notice; or
16                (b) within 14 days after the date of service of a
17                      copy of a prosecution notice on the person for
18                      the offence, the person gives to the person who
19                      commenced the prosecution,
20               a written statement, on oath or by statutory declaration,
21               that complies with subsection (3) or (4), as the case
22               requires.
23         (3)   If the person was the driver or person in charge of the
24               vehicle at the relevant time, the statement must verify
25               that some other person committed the offence and
26               either --
27                 (a) state the name and address of that other person;
28                       or
29                 (b) if that name and address are not known to the
30                       person, verify that the person does not know
31                       and cannot by reasonable diligence find out that
32                       name and address.



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     s. 11



1              (4)     If the person was a responsible person for the vehicle at
2                      the relevant time, the statement must verify that the
3                      person was not the driver or person in charge of the
4                      vehicle at that time and either --
5                        (a) state the name and address of the driver or
6                              person in charge of the vehicle at that time; or
7                        (b) if that name and address are not known to the
8                              person, verify that the person does not know
9                              and cannot by reasonable diligence find out that
10                             name and address.
11            (5A)     If an infringement notice is served on a person named
12                     in a statement given under subsection (2), a copy of the
13                     statement must be served with the infringement notice.
14            (5B)     If a prosecution is commenced against a person named
15                     in a statement given under subsection (2), a copy of the
16                     statement must be served, in accordance with the
17                     Criminal Procedure Act 2004 Schedule 2 clause 2, 3 or
18                     4, with the copy of the prosecution notice.
19

20      (4)    In section 27A(5):
21               (a) delete "subsection (3)," and insert:
22

23                      subsections (5A) and (5B),
24

25               (b)    delete "supplied" and insert:
26

27                      given
28




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                                                                                   s. 12



1    12.         Section 30 amended
2                In section 30(1) delete the passage that begins with "Where"
3                and ends with "officer may" and insert:
4

5                       If --
6                         (a)   an authorised officer has reason to believe that
7                               a person has committed a prescribed offence
8                               against this Act, the authorised officer; or
9                         (b)   under section 27(1) a person is to be taken to
10                              have committed a prescribed offence against
11                              this Act, an authorised officer,
12                      may
13


14   13.         Section 33 amended
15         (1)   In section 33(2)(h):
16                 (a) in subparagraph (i) delete "$200; or" and insert:
17

18                        $2 000; or
19

20                (b)     in subparagraph (ii) delete "$200," and insert:
21

22                        $2 000,
23

24         (2)   In section 33(3) delete "$1 000" and insert:
25

26               $5 000
27




 


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