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This is a Bill, not an Act. For current law, see the Acts databases.
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: page 1 Litter Amendment Bill 2011 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 page 2 Litter Amendment Bill 2011 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 page 3 Litter Amendment Bill 2011 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 page 4 Litter Amendment Bill 2011 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. page 5 Litter Amendment Bill 2011 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 page 6 Litter Amendment Bill 2011 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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