{"id":"alice-springs-shopping-trolley-bylaws-2008","name":"ALICE SPRINGS (SHOPPING TROLLEY) BY-LAWS 2008","slug":"alice-springs-shopping-trolley-by-laws-2008","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174216,"registerId":"nt-alice-springs-shopping-trolley-bylaws-2008-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"ALICE SPRINGS (SHOPPING TROLLEY) BY-LAWS 2008","content":"NORTHERN TERRITORY OF AUSTRALIA\nALICE SPRINGS (SHOPPING TROLLEY BY-LAWS 2008\nAs in force at 1 October 2008\nTable of provisions\n1 Citation ............................................................................................ 1\n2 Purpose ........................................................................................... 1\n3 Enactment and commencement ...................................................... 1\n4 Application ....................................................................................... 1\n5 Definitions ........................................................................................ 1\n6 Illegal abandonment ........................................................................ 2\n7 Impounding ...................................................................................... 2\n8 Notice to retailer .............................................................................. 2\n9 Release fee ..................................................................................... 3\n10 Release to owner............................................................................. 3\n11 Failing to claim................................................................................. 3\n12 Disposal by Council ......................................................................... 3\n13 Penalties .......................................................................................... 3\n14 Infringement notices ........................................................................ 4\nSchedule\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 1 October 2008\n____________________\nALICE SPRINGS (SHOPPING TROLLEY) BY-LAWS 2008\nBy-laws under the Local Government Act 2019\n1 Citation\nThese By-laws may be cited as the Alice Springs (Shopping\nTrolley) By-laws 2008.\n2 Purpose\nThe purpose of these By-laws is to deter the abandonment of\nshopping trolleys so as to provide for the safety of road users and\npedestrians and preserve the visual amenity of the municipality.\n3 Enactment and commencement\n(1) These by-laws were made by resolution of the Alice Springs Town\nCouncil on the 30th day of June 2008 pursuant to Part 13.1 of the\nLocal Government Act 2008.\n(2) These by-laws have force and effect from the 1st day of\nAugust 2008 or the date that they are notified in the Gazette\nwhichever is later.\n4 Application\nThese By-laws apply to the whole of the municipality.\n5 Definitions\nIn these By-laws:\nauthorised person means a person appointed by Council under\nsection 112(1) of the Local Government Act 2008.\nclaim, in relation to the actions of an owner of a shopping trolley,\nmeans to physically take possession of a shopping trolley.\nCouncil means the Alice Springs Town Council.\n\nAlice Springs (Shopping Trolley) By-laws 2008 2\nCouncil land means any road, land or other asset which is owned\nby or under the care, custody and management of Council.\ninfringement notice means a notice under By-law 14.\nmunicipality means the Municipality of Alice Springs.\npenalty unit, see Penalty Units Act 2009.\nperson includes a corporation and any other body corporate.\nretailer means a person who sells goods by retail and provides\nshopping trolleys to that person's customers.\nroad includes a road reserve; and\nshopping trolley means a vehicle used primarily for the carriage of\ngoods by customers.\n6 Illegal abandonment\n(1) A person must not leave a shopping trolley on or in Council land\nexcept in an area designated for that purpose.\n(2) A person who contravenes clause (1) is guilty of an offence.\n7 Impounding\nWhere a shopping trolley has been left on or in Council land in\ncontravention of By-law 6, either:\n(a) an authorised person; or\n(b) any other person contracted by Council for this purpose\nmay seize and impound the shopping trolley.\n8 Notice to retailer\n(1) On the first business day of each month or as soon as possible\nthereafter Council must serve on each retailer that owns at least\none shopping trolley impounded under By-law 7 in the preceding\nmonth a notice listing the shopping trolleys that have been so\nimpounded.\n(2) The notice referred to in clause (1) must state:\n(a) the period within which the shopping trolleys listed must be\nclaimed;\n\nAlice Springs (Shopping Trolley) By-laws 2008 3\n(b) that it is an offence not to claim a shopping trolley so\nimpounded within the period stated in the notice; and\n(c) that the shopping trolleys listed may be disposed of by Council\nafter the period stated in the notice.\n9 Release fee\n(1) Council may by resolution determine a fee for the release of any\nshopping trolley impounded under By-law 7.\n(2) The release fee referred to in clause (1) must not exceed an\namount that reasonably represents the cost to Council of\nimpounding, moving, keeping and releasing the shopping trolley\nincluding any relevant overheads and indirect costs.\n10 Release to owner\nCouncil must release a shopping trolley impounded under By-law 7\nto its owner on payment of any release fee determined under\nBy-law 9.\n11 Failing to claim\n(1) A person who fails to claim any shopping trolley listed in a notice\nserved on that person under By-law 8 within the stated period is\nguilty of an offence\n(2) To avoid doubt, a failure to claim each of the shopping trolleys\nwithin the stated period constitutes a separate offence under\nclause (1).\n12 Disposal by Council\n(1) Any impounded shopping trolley not claimed within the time stated\nin the notice referred to in By-law 8 may thereafter be disposed of\nby Council.\n(2) No claim or action by the owner of a shopping trolley impounded\nunder By-law 7 or disposed of under clause (1) of this By-law may\nlie against Council, an authorised person or other person acting in\naccordance with those By-laws.\n13 Penalties\nA person who is guilty of an offence against these By-laws is liable\nto a penalty not exceeding 10 penalty units.\n\nAlice Springs (Shopping Trolley) By-laws 2008 4\n14 Infringement notices\n(1) Despite by-law 13, as an alternative to prosecution, a person who is\nalleged to have contravened or failed to comply with a by-law\nspecified in column 1 of the Schedule may be served with an\ninfringement notice under which the person may pay to the Council\na sum (in this By-law 14, a fixed penalty) in lieu of the penalty by\nwhich the infringement of that By-law is otherwise punishable.\n(2) For the purposes of this By-law 14:\n(a) the sum specified in column 3 of the Schedule is the fixed\npenalty payable under an infringement notice for an\ninfringement of the By-law specified opposite in column 1, and\ngenerally described opposite in column 2, of the Schedule;\n(b) an infringement notice is to be in a determined form and\ninclude:\n(i) the name of the alleged offender;\n(ii) in general terms, the nature of the offence alleged to\nhave been committed;\n(iii) the date, time and place of the alleged offence;\n(iv) the amount of the fixed penalty; and\n(c) the period within which, and the place where, the fixed penalty\nmay be paid.\n(d) an infringement notice may be issued and served by an\nauthorised person; and\n(e) the fixed penalty specified in an infringement notice is to be\npaid to Council within 14 days of the date on which the\ninfringement notice is served on the alleged offender.\n(3) An infringement notice is to also contain the statements to the\neffect:\n(a) that the alleged offender may expiate the offence and avoid\nenforcement action under the Fines and Penalties (Recovery)\nAct 2001 (in this By-law 14, the Act) if he or she pays the\nfixed penalty to Council within 14 days of service of the\ninfringement notice;\n(b) that if the alleged offender pays the fixed penalty within the\nperiod specified in the infringement notice, Council will take no\nfurther action in relation to the offence;\n\nAlice Springs (Shopping Trolley) By-laws 2008 5\n(c) that the alleged offender may, if he or she so wishes, be dealt\nwith a court of competent jurisdiction by electing under\nsection 21 of the Act to have the matter dealt with by a court\ninstead of under that Act by completing a statement of election\nand serving it on Council:\n(i) at any time before a courtesy letter under the Act is\nserved on the alleged offender; or\n(ii) if a courtesy letter is served on the alleged offender,\nbefore the due date specified in that letter;\n(d) that if the alleged offender does not pay the fixed penalty\nwithin the period specified in the infringement notice and does\nnot within that period serve on Council a statement of election\nunder the Act:\n(i) the Act will apply and the alleged offender may be\nserved with a courtesy letter in accordance with that Act\nrequiring payment of the fixed penalty together with the\ncosts in respect of the issue of that letter; and\n(ii) if the alleged offender does not make the payment as\nrequired by a courtesy letter, enforcement action may be\ntaken against him or her under the Act which, after due\nprocess, may result in the suspension of the alleged\noffender's licence to drive, the seizure of property, the\ndeduction of wages or salary, the registration of a\nstatutory charge on land, a community work order or\nimprisonment if a community work order is breached;\n(4) An infringement notice is to also contain a statement of election\nunder the Act that includes the information required by\nregulation 7(1) of the Fines and Penalties (Recovery)\nRegulations 2001.\n(5) A fixed penalty may be expressed by way of penalty units including\nfractions of a penalty unit.\nThese by-laws were made by special resolution of the Alice Springs\nTown Council at its Ordinary meeting on the 30th day of June 2008.\nRex Roger Money\nCHIEF EXECUTIVE OFFICER\n\nSchedule\nAlice Springs (Shopping Trolley) By-laws 2008 6\nSchedule\nBy-law 13(1)\nand (2)(a)\nFIXED PENALTIES\nColumn1\nBy-law\nColumn 2\nGeneral Description of Offence\nColumn 3\nPenalty units\n6(2) Abandonment of shopping trolley 1\n11(1) Failing to claim shopping trolley 2\n\nENDNOTES\nAlice Springs (Shopping Trolley) By-laws 2008 7\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nAlice Springs (Shopping Trolley) By-laws 2008 (SL No. 22, 2008)\nNotified 1 October 2008\nCommenced 1 October 2008\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22 of 2018) to: bl 1, 3, 5 and14.","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"The involvement of the Northern Territory Electoral Commission in Chapter 8 is unexpected for a by-law ostensibly about shopping trolleys. This suggests the by-law may contain provisions beyond simple trolley management — possibly relating to electoral matters, voting access at shopping centres, or signage during elections — which could represent a broader scope than the title implies."},"complexity_factors":["Very narrow and specific subject matter (shopping trolleys only)","Local/subordinate legislation rather than primary legislation, limiting breadth","Split administration between two agencies adds a small layer of complexity","The purpose and operation of Chapter 8 being under the Electoral Commission is unusual and unexplained, creating minor interpretive uncertainty","Limited full text provided, so full complexity cannot be assessed"],"plain_english_summary":"This local by-law controls shopping trolleys in Alice Springs, requiring retailers to manage and retrieve trolleys and restricting where they can be left. It affects supermarkets, shoppers, and anyone who removes trolleys from store premises.\n\nThe aim is to reduce public nuisance, hazards, and damage from abandoned trolleys by allowing enforcement and penalties. Administration is mainly by the Department of Housing, Local Government and Community Development, with Chapter 8 handled by the Northern Territory Electoral Commission."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of managing abandoned shopping trolleys in Alice Springs. The scope has not expanded beyond the specific issue of trolley abandonment, impoundment, and retailer responsibility."},"complexity_factors":["Short length (14 by-laws plus schedule)","Minimal cross-referencing (primarily internal references to other by-law numbers)","Straightforward conditional logic (if trolley abandoned → then impound → then notice → then fee → then disposal)","Only 9 defined terms in the interpretation section (By-law 5)","Simple penalty structure with clear fixed penalties listed in Schedule","Some procedural complexity in By-law 14 regarding infringement notices and the Fines and Penalties (Recovery) Act 2001, but this is standardised boilerplate language"],"plain_english_summary":"**What this law does:**\n\nThese by-laws give the Alice Springs Town Council power to seize shopping trolleys that have been abandoned on public land (streets, parks, roads, etc.) and charge retailers a fee to get them back.\n\n**Who it affects:**\n\n* **Retailers** (supermarkets and shops that provide trolleys): They must pay a fee to reclaim their trolleys if Council impounds them. If they don't claim them within the specified time, they commit an offence and Council can dispose of the trolleys.\n* **The general public**: Anyone who abandons a trolley on Council land commits an offence.\n* **Council officers**: Authorised people can seize abandoned trolleys and issue fines (called \"infringement notices\").\n\n**Why it matters:**\n\nAbandoned shopping trolleys create hazards for drivers and pedestrians, and they look messy. These rules aim to stop people leaving trolleys around town by making retailers responsible for collecting them and penalising those who dump them.\n\n**Key rules:**\n\n* **Don't abandon trolleys** on public land unless in a designated area (By-law 6).\n* **Council can impound** abandoned trolleys (By-law 7).\n* **Retailers get monthly notices** listing their impounded trolleys and must claim them within a set time (By-law 8).\n* **Release fees** apply—these cover Council's costs for handling the trolleys (By-law 9).\n* **Fines**: Up to 10 penalty units for offences, or you can pay a fixed penalty (1 penalty unit for abandonment, 2 for failing to claim) to avoid court (By-law 13 and Schedule).\n* **If retailers don't claim** their trolleys in time, they commit an offence and Council can sell or scrap the trolleys (By-laws 11–12)."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The by-laws are narrow and focused on the management of abandoned shopping trolleys in the municipality. The endnotes record only formal/interpretive amendments of a non-substantive nature (Interpretation Legislation Amendment Act 2018) and the text retains the original purpose and mechanism (seizure, notice, fees, disposal, and fixed-penalty options). There is no substantive broadening of subject-matter or major policy scope beyond the original intent to deter trolley abandonment and provide a local administrative enforcement regime (see clauses 2, 6–14 and the Schedule)."},"complexity_factors":["Short instrument (14 by-laws plus Schedule)","About a dozen defined terms in By-law 5 (e.g. authorised person, Council land, retailer, shopping trolley)","Two principal offences with separate fixed penalties in the Schedule (abandonment; failing to claim)","Monthly-notice obligation with procedural content (By-law 8)","Discretionary powers to seize/contract out impounding (By-law 7) and to set release fees subject to a reasonableness constraint (By-law 9)","Cross-references to at least three external Acts (Local Government Act, Penalty Units Act, Fines and Penalties (Recovery) Act)","Administrative enforcement pathway with timed payment windows and escalation under the Fines and Penalties (Recovery) Act (By-law 14)","Single-layer exceptions/limits (e.g. Council liability protection in By-law 12(2))"],"plain_english_summary":"**What this instrument does (mechanically)**\n\n- Makes it an offence to leave a shopping trolley on Council land unless the trolley is left in an area the Council has specifically set aside for trolleys (By-law 6(1)).\n- Authorised Council staff or a contractor may seize and impound trolleys found on Council land in breach of the rule (By-law 7).\n- Each month Council must notify every retailer that had at least one of its trolleys impounded during the previous month, listing those trolleys and stating the period in which they must be claimed and that unclaimed trolleys may be disposed of (By-law 8).\n- Council can set a release fee to recover its reasonable costs of impounding, moving, storing and releasing trolleys; the owner gets the trolley back on payment of that fee (By-laws 9–10).\n- Failure by a retailer (owner) to claim listed trolleys within the stated period is a separate offence for each trolley (By-law 11). Unclaimed trolleys may be disposed of by Council and Council is protected from related civil claims (By-law 12).\n- The maximum criminal penalty under these by-laws is 10 penalty units (By-law 13), but Council may instead issue infringement notices with fixed penalties set out in the Schedule (By-law 14 and Schedule). The Schedule fixes abandonment at 1 penalty unit and failing to claim at 2 penalty units (Schedule).\n\n**Who it affects**\n\n- Retailers who supply shopping trolleys to customers (defined as the owner for these rules) — they are responsible for claiming and removing their impounded trolleys when notified (By-laws 5, 8, 11).\n- Members of the public who use or abandon shopping trolleys on Council land — they commit an offence if they leave a trolley on Council land other than in a designated area (By-law 6).\n- Council staff and any contractors authorised to seize and impound trolleys (By-law 7).\n\n**Why it matters (official purpose and practical effects)**\n\n- The stated purpose is to deter trolley abandonment to protect road-user and pedestrian safety and preserve visual amenity (clause 2). Mechanically, the by-laws create a simple enforcement path: seizure, notice to owners, recovery on payment of a cost-based fee, and disposal if unclaimed.\n\n**Who pays, who decides, and what behaviour is encouraged or constrained**\n\n- Who pays: Owners/retailers may pay release fees (By-law 9) and fixed penalties if served with an infringement notice (By-law 14 and Schedule). If owners do not claim, Council may dispose of the trolley (By-law 12).\n- Who decides: Council (through authorised persons or contracted agents) decides when to seize trolleys and, by resolution, sets the release fee (By-laws 7 and 9). Council also decides which areas (if any) are designated for trolley storage (By-law 6(1)).\n- Behaviour changes encouraged: retailers are incentivised to retrieve and manage their trolleys rather than leaving them on Council land; individuals are discouraged from abandoning trolleys in public spaces.\n\n**Costs, incentives, and implementation trade-offs**\n\n- Direct costs and fee recovery: Council bears the initial cost of seizure and storage but may recover reasonable costs through a release fee (By-law 9). That fee is limited to an amount that reasonably represents Council’s costs, reducing risk of arbitrary charges.\n- Enforcement burden and administration: Council must track impounded trolleys, identify owners (retailers), and issue monthly notices (By-law 8). Identification can be time-consuming if trolleys are unmarked; this creates administrative cost and potential delays in return or disposal.\n- Impact on retailers: Retailers who provide trolleys face potential extra operating costs (staff time to retrieve trolleys, release fees, possible fixed penalties). Small retailers with many dispersed trolleys may face relatively higher compliance costs per trolley.\n- Contracting and market effects: Council may use contractors to impound trolleys (By-law 7(b)), which can transfer operational cost and logistics to private providers; that choice may increase efficiency but can also create procurement costs and contract-monitoring requirements.\n- Legal risk and owner disputes: The by-laws protect Council from liability for disposal and impounding acts (By-law 12(2)), which reduces the Council’s exposure but also limits remedies for owners who claim wrongful seizure. Determining ownership in contested cases could lead to disputes not directly addressed by the text.\n- Administrative penalties vs prosecution: The infringement-notice regime (By-law 14) provides an administrative path (fixed penalty payable within 14 days) that reduces court workload and gives alleged offenders a quick exit from prosecution, but failure to pay can lead to escalated enforcement under the Fines and Penalties (Recovery) Act (By-law 14(3)).\n\n**Relevant limits and discretion**\n\n- Fee limit: Council’s discretion to set a release fee is constrained by a reasonableness test — the fee must not exceed an amount that reasonably represents Council’s costs, including overheads (By-law 9(2)).\n- No exemptions listed: The by-laws contain no express exemptions for certain classes of persons or trolleys (e.g., charitable use), so any exemption would require separate Council action or interpretation (By-law 6).\n\n**Cross-references and enforcement path**\n\n- These by-laws operate alongside the Local Government Act (powers for authorised persons), the Penalty Units Act (defines penalty-unit value), and the Fines and Penalties (Recovery) Act (enforcement of unpaid fixed penalties) (By-laws 3, 5 and 14).\n\nOverall, the by-laws set a narrow, administrative enforcement regime focused on shifting recovery costs to trolley owners/retailers, giving Council the power to seize and dispose of abandoned trolleys, and providing an administrative penalty option to avoid prosecution (see By-laws 6–14 and the Schedule)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/alice-springs-shopping-trolley-by-laws-2008","history":"/api/acts/alice-springs-shopping-trolley-by-laws-2008/history","analysis":"/api/acts/alice-springs-shopping-trolley-by-laws-2008/analysis","conflicts":"/api/acts/alice-springs-shopping-trolley-by-laws-2008/conflicts","importantCases":"/api/acts/alice-springs-shopping-trolley-by-laws-2008/important-cases","documents":"/api/acts/alice-springs-shopping-trolley-by-laws-2008/documents"}}