{"id":"a-2004-47","name":"Litter Act 2004","slug":"litter-act-2004","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"47 of 2004","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23901,"registerId":"act-a-2004-47-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1 Preliminary\n1 Name of Act\nThis Act is the Litter Act 2004.\n3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere.\nFor example, the signpost definition ‘road related area—see the Road\nTransport (General) Act 1999, dictionary.’ means that the term ‘road\nrelated area’ is defined in that dictionary and the definition applies to this\nAct.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nPreliminary Part 1\nSection 5\nR15\n26/12/25\nLitter Act 2004\nEffective: 26/12/25\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\nPart 2 Objects and key concepts\nSection 6\npage 4 Litter Act 2004\nEffective: 26/12/25\nR15\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"Objects and key concepts","content":"Part 2 Objects and key concepts\n","sortOrder":1},{"sectionNumber":"6","sectionType":"section","heading":"Objects of Act","content":"6 Objects of Act\n(1) The objects of this Act are—\n(a) to protect and enhance the natural and built environment and\namenity of the ACT, including the wellbeing of its people; and\n(b) to reduce the economic and health impact of littering and illegal\ndumping.\n(2) This Act aims to achieve its objects by—\n(a) reducing and preventing littering and illegal dumping; and\n(b) regulating the depositing of litter, or other material that may\nbecome litter; and\n(c) facilitating the removal of litter.\n","sortOrder":2},{"sectionNumber":"7","sectionType":"section","heading":"Meaning of litter","content":"7 Meaning of litter\nIn this Act:\nlitter includes any solid or liquid waste, whether domestic or\ncommercial, and also includes—\n(a) any glass, metal, cigarette butt, plastic, paper, fabric, wood,\nfood, abandoned vehicle and vehicle part, construction or\ndemolition material, garden remnants and clippings, soil, sand\nor rocks; and\nExample—abandoned vehicle\ndockless bicycle\n\nObjects and key concepts Part 2\nSection 7A\nR15\n26/12/25\nLitter Act 2004\nEffective: 26/12/25\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) any material, substance or thing deposited at a place if its size,\nshape, nature or volume makes the place untidy or adversely\naffects the proper use of the place.\nExample—untidy or adversely affects proper use of place\nlarge pile of soil or rocks left on side of road or in school playground for no\npurpose\n","sortOrder":3},{"sectionNumber":"7A","sectionType":"section","heading":"Reference to level of litter","content":"7A Reference to level of litter\nFor this Act, a reference to litter at a level mentioned in an item in\ntable 7A, column 2, is a reference to the volume of litter mentioned\nin the item, column 3.\nTable 7A\ncolumn 1\nitem\ncolumn 2\nlevel\ncolumn 3\nvolume of litter (L)\n1 level 1 1L or more but less than 10L\n2 level 2 10L or more but less than 200L\n3 level 3 200L or more\n\nPart 3 Offences\nSection 8\npage 6 Litter Act 2004\nEffective: 26/12/25\nR15\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Offences\n","sortOrder":4},{"sectionNumber":"8","sectionType":"section","heading":"Littering","content":"8 Littering\n(1) A person must not deposit litter at a public place or an open private\nplace.\nMaximum penalty: 10 penalty units.\nExamples\n1 dropping a lolly wrapper onto a footpath\n2 leaving food packaging in a private car park\n(2) A person commits an offence if—\n(a) the person deposits litter at a public place or an open private\nplace; and\n(b) the litter escapes, or is likely to escape—\n(i) from the public place into or onto another public place or\nan open private place; or\n(ii) from the open private place into or onto a public place or\nanother open private place.\nMaximum penalty: 10 penalty units.\nExamples\n1 unsolicited advertising material, brochures or newspapers left falling out of a\nletterbox or in a front yard that are likely to be windblown onto a public park\n2 building waste kept unsecured on a building site that is likely to be windblown\noffsite\nNote Escape is defined in the dictionary.\n(3) A person commits an offence if—\n(a) the person deposits litter in a public place in a receptacle\nprovided for litter; and\n\nOffences Part 3\nSection 8\nR15\n26/12/25\nLitter Act 2004\nEffective: 26/12/25\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the litter is not of the size, shape, nature or volume for which the\nreceptacle is provided.\nMaximum penalty: 10 penalty units.\nExample\nplacing commercial or household waste in a bin provided for general public waste\n(4) Subsection (1) does not apply to the depositing of litter at a place with\nthe consent of the occupier of the place.\n(5) Subsection (2) does not apply to the depositing of litter at a place with\nthe consent of the occupier of the place only if the litter is unlikely to\nescape.\n(6) Subsections (1) and (2) do not apply to—\n(a) the placing of a receptacle containing litter at a public place for\nthe litter to be removed by a waste collection service; or\n(b) the depositing of litter at a public place or an open private place\nin a receptacle that is—\n(i) provided or designed to be used for litter; and\n(ii) appropriate for litter of that size, shape, nature and volume;\nor\n(c) the depositing of litter in accordance with an invitation from a\npublic servant in the exercise of the public servant’s functions;\nor\n(d) the depositing of litter at a public landfill or waste facility in\naccordance with the requirements for depositing litter at the\nlandfill or facility.\n(7) Subsections (1) to (3) do not apply if the depositing of the litter is\naccidental and the person takes all reasonable steps to retrieve the\nlitter.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (4) to s (7) (see Criminal Code, s 58).\n\nPart 3 Offences\nSection 9\npage 8 Litter Act 2004\nEffective: 26/12/25\nR15\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(8) An offence against this section is a strict liability offence.\n","sortOrder":5},{"sectionNumber":"9","sectionType":"section","heading":"Aggravated littering","content":"9 Aggravated littering\n(1) A person commits an offence if—\n(a) the person deposits litter at a public place; and\n(b) the nature of the litter or the way the litter is deposited is likely\nto injure a person or animal, or to damage property.\nMaximum penalty: 100 penalty units, imprisonment for 1 year or\nboth.\n(2) A person commits an offence if—\n(a) the person deposits litter at a public place; and\n(b) the litter is any of the following:\n(i) a cigarette or cigarette butt whether lit or unlit;\n(ii) a match or similar item whether lit or unlit;\n(iii) a syringe.\nMaximum penalty: 50 penalty units.\n(3) Subsections (1) and (2) do not apply if the depositing of the litter is\naccidental and the person takes all reasonable steps to retrieve the\nlitter.\n(4) Subsection (2) does not apply to—\n(a) the depositing of the litter in a public place in a receptacle that\nis—\n(i) provided or designed to be used for litter; and\n(ii) appropriate for litter of that size, shape, nature and volume;\nor\nExample\ndepositing a syringe in a sharps container\n\nOffences Part 3\nSection 9A\nR15\n26/12/25\nLitter Act 2004\nEffective: 26/12/25\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the depositing of litter in accordance with an invitation from a\npublic servant in the exercise of the public servant’s functions;\nor\n(c) for litter mentioned in subsection (2) (b) (i) or (ii)—\n(i) the placing of a receptacle containing litter at a public place\nfor the litter to be removed by a waste collection service;\nor\n(ii) the depositing of litter at a public landfill or waste facility\nin accordance with the requirements for depositing litter at\nthe landfill or facility.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (3) and s (4) (see Criminal Code, s 58).\n(5) An offence against subsection (2) is a strict liability offence.\n(6) In this section:\nsyringe means a hypodermic syringe and includes—\n(a) anything designed for use, or intended to be used, as part of a\nhypodermic syringe; and\n(b) a needle designed for use, or intended to be used, in relation to\na hypodermic syringe.\n","sortOrder":6},{"sectionNumber":"9A","sectionType":"section","heading":"Dumping litter","content":"9A Dumping litter\n(1) A person commits an offence if—\n(a) the person dumps litter at a public place or an open private place;\nand\n(b) the volume of litter is 200L or more but less than 1 000L.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n\nPart 3 Offences\nSection 9A\npage 10 Litter Act 2004\nEffective: 26/12/25\nR15\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) A person commits an offence if—\n(a) the person dumps litter at a public place or an open private place;\nand\n(b) the volume of litter is 1 000L or more.\nMaximum penalty: 100 penalty units, imprisonment for 1 year or\nboth.\n(3) A person commits an offence if—\n(a) the person dumps litter at a public place or an open private place;\nand\n(b) the volume of litter is 200L or more but less than 1 000L; and\n(c) the person is reckless about whether the litter, or part of the litter,\nescapes, or is likely to escape—\n(i) from the public place into or onto another public place or\nan open private place; or\n(ii) from the open private place into or onto a public place or\nanother open private place.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n(4) A person commits an offence if—\n(a) the person dumps litter at a public place or an open private place;\nand\n(b) the volume of litter is 1 000L or more; and\n(c) the person is reckless about whether the litter, or part of the litter,\nescapes, or is likely to escape—\n(i) from the public place into or onto another public place or\nan open private place; or\n\nOffences Part 3\nSection 9A\nR15\n26/12/25\nLitter Act 2004\nEffective: 26/12/25\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) from the open private place into or onto a public place or\nanother open private place.\nMaximum penalty: 100 penalty units, imprisonment for 1 year or\nboth.\n(5) Subsections (1) and (2) do not apply to the dumping of litter at a place\nwith the consent of the occupier of the place.\n(6) Subsections (3) and (4) do not apply to the dumping of litter at a place\nwith the consent of the occupier of the place only if the litter is\nunlikely to escape.\n(7) Subsections (1) to (4) do not apply to—\n(a) the placing of a receptacle containing litter at a public place for\nthe litter to be removed by a waste collection service; or\n(b) the dumping of litter at a public place or an open private place\nin a receptacle that is—\n(i) provided or designed to be used for litter; and\n(ii) appropriate for litter of that size, shape, nature and volume;\nor\n(c) the dumping of litter in accordance with an invitation from a\npublic servant in the exercise of the public servant’s functions;\nor\n(d) the dumping of litter at a public landfill or waste facility in\naccordance with the requirements for dumping litter at the\nlandfill or facility.\n(8) Subsections (1) to (4) do not apply if the dumping of the litter is\naccidental and the person takes all reasonable steps to retrieve the\nlitter.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (4) to s (7) (see Criminal Code, s 58).\n(9) Strict liability applies to subsections (1) (b), (2) (b), (3) (b) and (4) (b).\n\nPart 3 Offences\nSection 9B\npage 12 Litter Act 2004\nEffective: 26/12/25\nR15\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":7},{"sectionNumber":"9B","sectionType":"section","heading":"Dumping litter—strict liability","content":"9B Dumping litter—strict liability\n(1) A person commits an offence if—\n(a) the person dumps litter at a public place or an open private place;\nand\n(b) the volume of litter is at a level mentioned in an item in table 7A,\ncolumn 2.\n(2) A person commits an offence if—\n(a) the person dumps litter at a public place or an open private place;\nand\n(b) the volume of litter is at a level mentioned in an item in table 7A,\ncolumn 2; and\n(c) the litter, or part of the litter, escapes, or is likely to escape—\n(i) from the public place into or onto another public place or\nan open private place; or\n(ii) from the open private place into or onto a public place or\nanother open private place.\n(3) For an offence against subsections (1) and (2), a penalty in accordance\nwith section 9BA applies.\n(4) Subsection (1) does not apply to the dumping of litter at a place with\nthe consent of the occupier of the place.\n(5) Subsection (2) does not apply to the dumping of litter at a place with\nthe consent of the occupier of the place only if the litter is unlikely to\nescape.\n(6) Subsections (1) and (2) do not apply to—\n(a) the placing of a receptacle containing litter at a public place for\nthe litter to be removed by a waste collection service; or\n\nOffences Part 3\nSection 9B\nR15\n26/12/25\nLitter Act 2004\nEffective: 26/12/25\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the dumping of litter at a public place or an open private place\nin a receptacle that is—\n(i) provided or designed to be used for litter; and\n(ii) appropriate for litter of that size, shape, nature and volume;\nor\n(c) the dumping of litter in accordance with an invitation from a\npublic servant in the exercise of the public servant’s functions;\nor\n(d) the dumping of litter at a public landfill or waste facility in\naccordance with the requirements for dumping litter at the\nlandfill or facility.\n(7) Subsections (1) and (2) do not apply if the dumping of the litter is\naccidental and the person takes all reasonable steps to retrieve the\nlitter.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (4) to s (7) (see Criminal Code, s 58).\n(8) An offence against this section is a strict liability offence.\n\nPart 3 Offences\nSection 9BA\npage 14 Litter Act 2004\nEffective: 26/12/25\nR15\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n9BA Dumping litter—penalties for s 9B offences\nIf a person commits an offence against section 9B (1) or (2) and the\nvolume of litter was at a level stated in column 2 of an item of\ntable 9BA, the offence is punishable by the maximum penalty stated\nin column 3 of that item.\nTable 9BA\ncolumn 1\nitem\ncolumn 2\nlevel\ncolumn 3\nmaximum penalty\n(penalty units)\n1 level 1 20\n2 level 2 35\n3 level 3 50\n","sortOrder":8},{"sectionNumber":"9C","sectionType":"section","heading":"Commercial waste","content":"9C Commercial waste\n(1) A person commits an offence if the person deposits commercial waste\nat a public place.\nMaximum penalty: 100 penalty units, imprisonment for 1 year or\nboth.\n(2) An occupier of commercial, industrial or business premises commits\nan offence if the occupier fails to take reasonable steps to prevent\nlitter from the premises being deposited at a public place.\nMaximum penalty: 100 penalty units.\n","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Commercial waste—strict liability","content":"10 Commercial waste—strict liability\n(1) A person commits an offence if the person deposits commercial waste\nat a public place.\nMaximum penalty: 50 penalty units.\n\nOffences Part 3\nSection 11\nR15\n26/12/25\nLitter Act 2004\nEffective: 26/12/25\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) An occupier of commercial, industrial or business premises commits\nan offence if the occupier fails to take reasonable steps to prevent\nlitter from the premises being deposited at a public place.\nMaximum penalty: 50 penalty units.\n(3) An offence against this section is a strict liability offence.\n11 Offences about vehicle loads\n(1) A person commits an offence if the person—\n(a) requires someone else to move a vehicle carrying a load through\na public place; and\n(b) fails to give the other person appropriate means to secure the\nload appropriately so that it (or any part of it) is not likely to fall,\nbe dislodged or escape, from the vehicle.\nMaximum penalty: 50 penalty units.\n(2) A person commits an offence if the person—\n(a) is the driver or rider of a moving vehicle carrying a load through\na public place; and\n(b) fails to secure the load appropriately so that it (or any part of it)\nis not likely to fall, be dislodged or escape, from the vehicle.\nMaximum penalty: 50 penalty units.\nExample\na trailer containing garden clippings that are uncovered or not strapped down\n(3) An offence against this section is a strict liability offence.\n","sortOrder":10},{"sectionNumber":"11A","sectionType":"section","heading":"Unsecured construction materials","content":"11A Unsecured construction materials\n(1) A person commits an offence if the person—\n(a) keeps construction material at an open private place; and\n\nPart 3 Offences\nSection 12\npage 16 Litter Act 2004\nEffective: 26/12/25\nR15\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) fails to secure the material to prevent it escaping from the place.\nMaximum penalty: 20 penalty units.\n(2) An offence against this section is a strict liability offence.\nExample\nstyrofoam waffle pods used for construction, left loose or uncontained on a building\nsite\n12 Depositing or abandoning dangerous containers\n(1) In this section:\ndangerous container means a vessel, container or receptacle (other\nthan a vehicle or a part of a vehicle or a bin or other receptacle\nordinarily used to hold litter) that consists of or contains a\ncompartment that—\n(a) has a capacity of at least 40L; and\n(b) has an opening of at least 120mm in both width and height; and\n(c) is fitted with a door or lid that can be fastened to close that\nopening effectively.\n(2) A person commits an offence if the person deposits or abandons a\ndangerous container at a public place (including a public tip, public\nlandfill or waste transfer station conducted by the Territory).\nMaximum penalty: 50 penalty units.\n(3) Subsection (2) does not apply if the person takes all reasonable steps\nto prevent children gaining access to the relevant compartment of the\ncontainer.\n\nOffences Part 3\nSection 13\nR15\n26/12/25\nLitter Act 2004\nEffective: 26/12/25\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Placing advertising leaflets on motor vehicles, buildings","content":"13 Placing advertising leaflets on motor vehicles, buildings\nor other fixed structures\n(1) A person commits an offence if the person—\n(a) places any unsolicited leaflet in or on a motor vehicle at a public\nplace; or\n(b) attaches any unsolicited leaflet to any building or other fixed\nstructure at a public place.\nExample\nattaching a sticker on a traffic sign or other public infrastructure\nMaximum penalty: 20 penalty units.\n(2) Subsection (1) does not apply if the leaflet is placed in or on a motor\nvehicle (other than a light rail vehicle) or attached to any building or\nother fixed structure and—\n(a) is placed or attached in accordance with a territory law; or\n(b) for a motor vehicle—contains a message that is—\n(i) of a personal nature; and\n(ii) directed only to the owner, or the driver or rider, of the\nmotor vehicle; or\n(c) for a building or other fixed structure—is attached with the\nconsent of the owner or occupier of the building, or the owner\nof the structure.\n(3) A person commits an offence if the person distributes, or\ncommissions, authorises or arranges for the distribution of, any\nunsolicited leaflet for—\n(a) placement in or on a motor vehicle at a public place; or\n(b) attachment to any building or other fixed structure at a public\nplace.\nMaximum penalty: 20 penalty units.\n\n","sortOrder":12},{"sectionNumber":"Part 3","sectionType":"part","heading":"Offences","content":"Part 3 Offences\nSection 13A\npage 18 Litter Act 2004\nEffective: 26/12/25\nR15\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) Subsection (3) does not apply if the leaflet—\n(a) is placed in or on a motor vehicle (other than a light rail vehicle)\nor attached to any building or other fixed structure; and\n(b) is placed or attached in accordance with a territory law.\n(5) An offence against this section is a strict liability offence.\n(6) In this section:\nleaflet includes a handbill or other document publicising or\npromoting a product, service, event, cause or belief, or otherwise\ngiving a message or information.\nlight rail vehicle—see the Road Transport (General) Act 1999,\ndictionary.\n","sortOrder":13},{"sectionNumber":"13A","sectionType":"section","heading":"Incidental vehicle offences","content":"13A Incidental vehicle offences\n(1) This section applies to the following offences (a relevant offence):\n(a) section 8 (1) to (3);\n(b) section 9 (2);\n(c) section 9B (1) and (2).\n(2) An offence against a relevant offence is an incidental vehicle offence\nif a person commits the offence—\n(a) near a vehicle before entering the vehicle; or\n(b) after exiting a vehicle, near the vehicle.\n(3) However, subsection (2) does not apply if the incidental vehicle\noffence was committed by a person other than the driver of the\nvehicle.\n\nOffences Part 3\nSection 13A\nR15\n26/12/25\nLitter Act 2004\nEffective: 26/12/25\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) The Magistrates Court Act 1930, division 3.8.3 (Additional\nprovisions for vehicle-related offences) applies to an incidental\nvehicle offence as if a reference in the division to a vehicle-related\noffence were a reference to an incidental vehicle offence.\nNote An infringement notice offence that involves a vehicle, such as throwing\nlitter out of a car window or using a truck to transport litter for dumping,\nis a vehicle-related offence under the Magistrates Court Act 1930,\ndiv 3.8.1 if it is declared by a regulation under that Act to be an offence\nto which div 3.8.3 of that Act applies. The Magistrates Court (Litter\nInfringement Notices) Regulation 2004, sch 2 sets out these offences.\n\nPart 4 Enforcement\nDivision 4.1 Authorised people\nSection 14\npage 20 Litter Act 2004\nEffective: 26/12/25\nR15\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Enforcement\nDivision 4.1 Authorised people\n14 Appointment of authorised people\nThe director-general may appoint a public servant as an authorised\nperson for this Act.\nNote 1 For the making of appointments (including acting appointments), see\nLegislation Act, pt 19.3.\nNote 2 In particular, a person may be appointed for a particular provision of a\nlaw (see Legislation Act, s 7 (3)) and an appointment may be made by\nnaming a person or nominating the occupant of a position (see s 207).\n15 Identity cards\n(1) The director-general must give an authorised person an identity card\nstating the person’s name and that the person is an authorised person.\n(2) The identity card must show—\n(a) a recent photograph of the person; and\n(b) the card’s date of issue and expiry; and\n(c) anything else prescribed by regulation.\n(3) A person commits an offence if—\n(a) the person stops being an authorised person; and\n(b) the person does not return the person’s identity card to the\ndirector-general as soon as practicable, but no later than 7 days\nafter the day the person stops being an authorised person.\nMaximum penalty: 1 penalty unit.\n(4) An offence against this section is a strict liability offence.\n\nEnforcement Part 4\nPowers of authorised people Division 4.2\nSection 16\nR15\n26/12/25\nLitter Act 2004\nEffective: 26/12/25\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 4.2 Powers of authorised people\n","sortOrder":14},{"sectionNumber":"16","sectionType":"section","heading":"Power not to be exercised before identity card shown etc","content":"16 Power not to be exercised before identity card shown etc\n(1) An authorised person may exercise a power under this Act in relation\nto a person only if the authorised person first shows the person his or\nher identity card.\n(2) An authorised person may not remain on premises entered under this\ndivision if, when asked by the occupier, the authorised person does\nnot show his or her identity card.\n(3) Subsection (1) does not apply to the exercise of a power by an\nauthorised person under section 17 (1).\nNote Section 17 (3) allows a person to ask the authorised person to produce his\nor her identity card for inspection.\n17 Power to require name and address\n(1) An authorised person may require a person to state the person’s name\nand home address if the authorised person believes, on reasonable\ngrounds, that the person is committing or has just committed an\noffence against this Act.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including any regulation (see Legislation\nAct, s 104).\n(2) The authorised person must tell the person the reason for the\nrequirement and, as soon as practicable, record the reason.\n(3) The person may ask the authorised person to produce his or her\nidentity card for inspection by the person.\n(4) A person must comply with a requirement made of the person under\nsubsection (1) if the authorised person—\n(a) tells the person the reason for the requirement; and\n\nPart 4 Enforcement\nDivision 4.2 Powers of authorised people\nSection 18\npage 22 Litter Act 2004\nEffective: 26/12/25\nR15\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) complies with any request made by the person under\nsubsection (3).\nMaximum penalty: 10 penalty units.\n(5) An offence against this section is a strict liability offence.\n","sortOrder":15},{"sectionNumber":"18","sectionType":"section","heading":"Entry to premises","content":"18 Entry to premises\n(1) This section applies if an authorised person suspects on reasonable\ngrounds that an offence against this Act is being, or is likely to be, or\nhas just been, committed at premises not on public land.\n(2) The authorised person may—\n(a) enter the premises (other than a part used for residential\npurposes) at any reasonable time; or\n(b) enter the premises at any time with the occupier’s consent.\n(3) An authorised person may, without the occupier’s consent, enter the\nland around premises to ask for consent to enter the premises.\n(4) An authorised person who enters premises under this section may\ninspect the premises or anything on it.\n","sortOrder":16},{"sectionNumber":"19","sectionType":"section","heading":"Consent to entry","content":"19 Consent to entry\n(1) This section applies if an authorised person intends to ask the\noccupier of premises to consent to the authorised person entering the\npremises.\n(2) Before asking for the consent, the authorised person must tell the\noccupier—\n(a) the reason for the entry; and\n(b) that the occupier is not required to consent.\n(3) If the consent is given, the authorised person must ask the occupier to\nsign an acknowledgment of the consent.\n\nEnforcement Part 4\nDealing with litter Division 4.3\nSection 20\nR15\n26/12/25\nLitter Act 2004\nEffective: 26/12/25\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) The acknowledgment must state that—\n(a) the occupier was told—\n(i) the reason for the entry; and\n(ii) that the occupier is not required to consent; and\n(b) the occupier gives an authorised person consent to enter the\npremises and exercise powers under this part; and\n(c) the time and date the consent was given.\n(5) If the occupier signs an acknowledgment of consent, the authorised\nperson must immediately give a copy to the occupier.\n(6) A court may assume that the occupier did not consent if—\n(a) a question arises, in a proceeding in the court, whether the\noccupier consented to the authorised person entering the\npremises under this part; and\n(b) an acknowledgment under this section is not produced in\nevidence for the entry; and\n(c) it is not proved that the occupier consented to the entry.\nDivision 4.3 Dealing with litter\nSubdivision 4.3.1 Dealing with litter—removal etc by\nperson\n","sortOrder":17},{"sectionNumber":"20","sectionType":"section","heading":"Request to remove litter","content":"20 Request to remove litter\n(1) This section applies if an authorised person or police officer believes\non reasonable grounds that litter in a public place has been deposited\nby a person in contravention of this Act.\n(2) The authorised person or police officer may ask the person to remove\nthe litter from the public place.\n\nPart 4 Enforcement\nDivision 4.3 Dealing with litter\nSection 21\npage 24 Litter Act 2004\nEffective: 26/12/25\nR15\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) The person commits an offence if the person fails to comply with the\nrequest.\nMaximum penalty: 20 penalty units.\n(4) An offence against this section is a strict liability offence.\n","sortOrder":18},{"sectionNumber":"21","sectionType":"section","heading":"Notice to remove etc litter","content":"21 Notice to remove etc litter\n(1) This section applies if an authorised person or police officer believes\non reasonable grounds that litter in a public place has been deposited\nby a person in contravention of this Act.\n(2) An authorised person or police officer may, by written notice given\nto the person, require the person to do either or both of the following:\n(a) remove or dispose of the litter from the public place;\n(b) restore the public place affected by the litter to a state as close\nas practicable to the state it was in immediately before the litter\nwas deposited.\nNote If the notice is given to a person who may apply to the ACAT for review\nof the decision to which it relates, the notice must be a reviewable\ndecision notice (see s 24X).\n(3) The notice may state—\n(a) how the requirement is to be carried out; and\n(b) the time within which the requirement must be complied with.\n(4) The notice must contain a statement to the effect that if the litter is\nnot removed or disposed of, or the public place not restored, in\naccordance with the requirement—\n(a) an authorised person may authorise someone else to remove or\ndispose of the litter or restore the public place; and\n\nEnforcement Part 4\nDealing with litter Division 4.3\nSection 22\nR15\n26/12/25\nLitter Act 2004\nEffective: 26/12/25\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the reasonable cost of the removal, disposal or restoration is a\ndebt due to the Territory by the person who is required to comply\nwith the requirement.\nNote An amount owing under a law may be recovered as a debt in a court of\ncompetent jurisdiction or the ACAT (see Legislation Act, s 177).\n(5) A person commits an offence if the person—\n(a) is given a notice under subsection (2); and\n(b) fails to comply with a requirement of the notice.\nMaximum penalty: 20 penalty units.\n(6) An offence against this section is a strict liability offence.\n","sortOrder":19},{"sectionNumber":"22","sectionType":"section","heading":"Authority to remove etc litter when direction not complied","content":"22 Authority to remove etc litter when direction not complied\nwith\n(1) This section applies if a person fails to comply with a requirement in\na notice under section 21.\n(2) The director-general may arrange for a person to remove or dispose\nof the litter, or restore the public place, in relation to which the\ndirection relates.\n(3) However, the director-general must not give the authorisation—\n(a) until the end of the period (or any extended period) within which\nan application may be made to the ACAT for the review of the\ndecision to give the direction to which the notice relates; or\n(b) if an application is made to the ACAT for a review of the\ndecision—unless the decision is upheld or the application is\nwithdrawn.\n\nPart 4 Enforcement\nDivision 4.3 Dealing with litter\nSection 23\npage 26 Litter Act 2004\nEffective: 26/12/25\nR15\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":20},{"sectionNumber":"23","sectionType":"section","heading":"Liability for cost of removal etc","content":"23 Liability for cost of removal etc\nA person who fails to comply with a requirement in a notice under\nsection 21 (Notice to remove etc litter) must pay to the Territory the\nreasonable cost of any removal, disposal or restoration carried out\nunder section 22.\nNote An amount owing under a law may be recovered as a debt in a court of\ncompetent jurisdiction or the ACAT (see Legislation Act, s 177).\nSubdivision 4.3.2 Dealing with litter—removal etc by\nTerritory\n","sortOrder":21},{"sectionNumber":"24A","sectionType":"section","heading":"Removal etc of litter—by Territory","content":"24A Removal etc of litter—by Territory\n(1) This section applies if an authorised person or police officer believes\non reasonable grounds that—\n(a) litter in a public place has been deposited by anyone (the litterer)\nin contravention of this Act; and\n(b) either or both of the following applies:\n(i) prompt removal or disposal of the litter is necessary\nbecause it could cause injury to a person or animal or\ndamage to property;\n(ii) the size, shape, nature or volume of the litter means that\nprompt removal or disposal is in the public interest.\nExamples\n1 A large volume of litter is dumped next to a main road. Prompt\nremoval is in the public interest because the litter smells and is\nunsightly.\n2 Access to a walking trail in a nature reserve is blocked by an old\nspa bath that has been dumped in the reserve. Prompt removal is\nin the public interest to restore access to the trail.\n\nEnforcement Part 4\nDealing with litter Division 4.3\nSection 24B\nR15\n26/12/25\nLitter Act 2004\nEffective: 26/12/25\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 A large public building is being extensively renovated. The\nTerritory gives permission for the builder to establish a\ntemporary depot on adjacent public land for rubbish from the\nbuilding site to be deposited. The depot is fenced. When the\nrenovations are finished, the rubbish is removed and the fence\ntaken down. However, someone dumps rubbish at the site, and\nsoon others also dump rubbish there. Prompt removal is in the\npublic interest because it discourages the dumping of rubbish at\nthe site.\n(2) The director-general may arrange for a person to do either or both of\nthe following:\n(a) remove or dispose of the litter from the public place;\n(b) restore the public place affected by the litter to a state as close\nas practicable to the state it was in immediately before the litter\nwas deposited.\n(3) To remove any doubt, if this section applies, notice need not be given\nto the litterer under section 21 (Notice to remove etc litter).\n","sortOrder":22},{"sectionNumber":"24B","sectionType":"section","heading":"Recovery of costs associated with removal etc of litter","content":"24B Recovery of costs associated with removal etc of litter\n(1) If the director-general arranges for a person to do a thing mentioned\nin section 24A (2), the litterer must pay to the Territory the reasonable\ncost of doing the thing.\nNote An amount owing under a law may be recovered as a debt in a court of\ncompetent jurisdiction or the ACAT (see Legislation Act, s 177).\n(2) In this section:\nlitterer—see section 24A (1).\n\nPart 4 Enforcement\nDivision 4.3 Dealing with litter\nSection 24BA\npage 28 Litter Act 2004\nEffective: 26/12/25\nR15\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":23},{"sectionNumber":"Subdiv 4","sectionType":"subdivision","heading":"3.3 Dealing with litter affecting amenity etc","content":"Subdivision 4.3.3 Dealing with litter affecting amenity etc\n24BA Meaning of amenity impact\n(1) For this Act, a person causes an amenity impact if—\n(a) the person deposits litter at an open private place; and\n(b) the depositing of the litter has, or is likely to have, a significant\nadverse impact on the amenity, use or enjoyment of an entity’s\nadjoining land.\nExample\nA person’s yard contains numerous vehicles in a deteriorated state that have been\nleft undisturbed for a significant period. There is no indication that the person is\ncarrying out repair or other work on the vehicles and the surrounding area is\novergrown and neglected. The yard is unsightly and significantly affects the\nneighbours’ enjoyment of their land.\n(2) For subsection (1), in deciding whether an amenity impact is\nsignificant, regard must be had to the nature, quantity and volume of\nthe litter and the length of time of the impact.\n24BB Complaints about amenity impacts\n(1) A person may give a written complaint to an authorised person about\nan amenity impact.\n(2) An authorised person must investigate the complaint having regard to\nany code of practice approved under section 24ZA.\n(3) If, on investigation, an authorised person decides not to issue an\nabatement notice in relation to the amenity impact, the officer must\ngive a written notice of that decision to the complainant, informing\nthe complainant about any available ways of settling the matter\nprivately.\n\nEnforcement Part 4\nDealing with litter Division 4.3\nSection 24BC\nR15\n26/12/25\nLitter Act 2004\nEffective: 26/12/25\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n24BC Notification about proposed abatement notice\n(1) If an authorised person proposes to give a person an abatement notice,\nthe authorised person must give the person a written notice (a show\ncause notice) stating—\n(a) the grounds on which the authorised person considers an\nabatement notice may be given; and\n(b) details of the proposed abatement notice; and\n(c) that the person may, not later than 14 days after the day the\nperson is given the notice, give a written submission to the\nauthorised person about the proposed abatement notice.\n(2) The authorised person must consider any submission received by the\nauthorised person in response to the show cause notice when making\na decision to give or not give an abatement notice to the person.\n24BD Abatement notices\n(1) This section applies if an authorised person—\n(a) has considered a submission mentioned in section 24BC (2);\nand\n(b) is satisfied on reasonable grounds that it is appropriate in all the\ncircumstances, to give the person a notice to abate the amenity\nimpact (an abatement notice).\n(2) If the authorised person has reasonable grounds for believing that an\namenity impact exists, the authorised person may give an abatement\nnotice to—\n(a) the person who deposited litter and caused the impact; or\n(b) if the person cannot be identified—the person who occupies the\nplace from which the impact originates.\nNote For how documents may be given, see the Legislation Act, pt 19.5.\n\nPart 4 Enforcement\nDivision 4.3 Dealing with litter\nSection 24BD\npage 30 Litter Act 2004\nEffective: 26/12/25\nR15\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) In determining whether to give an abatement notice in relation to an\namenity impact, the authorised person—\n(a) must have regard to the number of people affected, or potentially\naffected, by the impact; and\n(b) must have regard to any disability that a person causing the\nimpact may have; and\n(c) must have regard to the physical, mental or financial capacity of\nthe person causing the impact to reasonably comply with the\nproposed abatement notice; and\n(d) may have regard to any reasonable steps that a person causing\nthe impact has or has not taken to avoid or minimise the impact;\nand\nExample\nplacing protective covers over vehicles that are in a state of disrepair in a\nperson’s yard to indicate the items are of some use or value to the person\n(e) may have regard to any reasonable steps that a person adversely\nimpacted, or potentially adversely impacted has or has not taken\nto avoid or minimise the impact, or potential impact on the\nperson.\n(4) An abatement notice—\n(a) must state the amenity impact which is required to be abated;\nand\n(b) must state the period within which the amenity impact is to be\nabated; and\n(c) may state steps to be taken to prevent the amenity impact from\nhappening again and the period or periods within which they are\nto be undertaken.\n(5) An abatement notice continues in force until revoked in accordance\nwith section 24BG.\n\nEnforcement Part 4\nDealing with litter Division 4.3\nSection 24BE\nR15\n26/12/25\nLitter Act 2004\nEffective: 26/12/25\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n24BE Not giving abatement notice\n(1) This section applies if, after considering a submission under\nsection 24BC (2) received from a person, the authorised person is\nsatisfied on reasonable grounds that an abatement notice—\n(a) may not be given to the person; or\n(b) may be given, but that in all the circumstances it is not\nappropriate to be given.\n(2) The authorised person must give the person written notice telling the\nperson that an abatement notice will not be given to the person in\nrelation to the matters raised in the show cause notice.\n24BF Abatement notice—extension of compliance period\n(1) Before the end of a compliance period stated in an abatement notice\nunder section 24BD (4) (b) or (c), an authorised person may extend\nthe period.\n(2) An extension—\n(a) may be given on the application of the person given the\nabatement notice, or on the authorised person’s initiative; and\n(b) must be in writing given to the person given the abatement\nnotice.\n(3) If an authorised person refuses an application for an extension, the\nperson must give written notice to the applicant of the refusal stating\nthe reasons for the refusal.\nNote If the notice is given to a person who may apply to the ACAT for review\nof the decision to which it relates, the notice must be a reviewable\ndecision notice (see s 24X).\n\nPart 4 Enforcement\nDivision 4.3 Dealing with litter\nSection 24BG\npage 32 Litter Act 2004\nEffective: 26/12/25\nR15\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n24BG Abatement notice—revocation\n(1) A person given an abatement notice in relation to an amenity impact\nmay apply for revocation of the notice.\n(2) An application must—\n(a) be in writing; and\n(b) be addressed to the authorised person who gave the notice; and\n(c) state the action taken to comply with the notice by the person\ngiven the notice and any further measures taken to prevent the\namenity impact from happening again; and\n(d) nominate a date on or after which an inspection may be made.\n(3) The authorised person must, on application or on the authorised\nperson’s initiative, revoke the abatement notice if satisfied, after\ncarrying out an inspection—\n(a) that the notice has been complied with; and\n(b) that adequate measures have been taken to prevent the amenity\nimpact from happening again.\n(4) The revocation must be in writing given to the person given the\nabatement notice.\n(5) If an authorised person refuses an application for revocation, the\nauthorised person must give written notice to the applicant of the\nrefusal stating the reasons for the refusal.\nNote If the notice is given to a person who may apply to the ACAT for review\nof the decision to which it relates, the notice must be a reviewable\ndecision notice (see s 24X).\n\nEnforcement Part 4\nDealing with litter Division 4.3\nSection 24BH\nR15\n26/12/25\nLitter Act 2004\nEffective: 26/12/25\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n24BH Abatement orders\n(1) The director-general may apply to the Magistrates Court for any of\nthe following orders in relation to a person given an abatement notice:\n(a) that the person—\n(i) comply with the notice; and\n(ii) undertake, or stop taking, stated action to prevent the\namenity impact from happening again;\n(b) if the amenity impact has been removed but is likely to happen\nagain—that the person undertake, or stop taking, stated action to\nprevent the amenity impact from happening again;\n(c) that if the person fails to comply with an order made by the court\nunder subsection (3) (a) or (b), an authorised person may, after\nthe expiration of the compliance period stated in the order, enter\na place to which the order relates and do whatever is necessary\nto implement the order;\n(d) that the person pay the reasonable costs and expenses, as\ndetermined by the court—\n(i) of the application; and\n(ii) incurred by the Territory in implementing, or attempting to\nimplement, any order made under subsection (3) (c).\n(2) In considering an application, the court—\n(a) must have regard to any disability that a person causing the\namenity impact may have; and\n(b) must have regard to the physical, mental or financial capacity of\nthe person causing the impact to reasonably comply with an\norder proposed to be made by the court under subsection (3);\nand\n(c) may consider any relevant report from anyone about the amenity\nimpact.\n\nPart 4 Enforcement\nDivision 4.3 Dealing with litter\nSection 24BH\npage 34 Litter Act 2004\nEffective: 26/12/25\nR15\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) The court may make any of the following orders in relation to the\nperson given an abatement notice:\n(a) that the person comply with the notice within a period stated in\nthe order;\n(b) that to prevent the amenity impact from happening again, the\nperson undertake, or stop taking, stated action within a period\nstated in the order;\n(c) that if the person fails to comply with an order under\nparagraph (a) or (b), an authorised person may, after the\nexpiration of the compliance period stated in the order, enter a\nplace to which the order relates and do whatever is necessary to\nimplement the order.\n(d) that the person pay the reasonable costs and expenses, as\ndetermined by the court—\n(i) of the application; and\n(ii) incurred by the Territory in implementing, or attempting to\nimplement, an order under paragraph (c).\n(4) If the court makes an order under subsection (3) (c), an authorised\nperson must not enter the place to which the order relates unless—\n(a) the authorised person has given the person a written notice\nstating the date and time of the proposed entry at least 7 days\nbefore the date; and\n(b) the time of entry stated is on a working day between 8 am and\n6 pm.\n(5) Also, for an order under subsection (3) (c), an authorised person\nmust—\n(a) enter only the part of the place necessary to implement the order\nusing any reasonable and necessary force and assistance; and\n\nEnforcement Part 4\nDealing with litter Division 4.3\nSection 24BI\nR15\n26/12/25\nLitter Act 2004\nEffective: 26/12/25\npage 35\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) not remain at the place longer than necessary to implement the\norder.\n(6) A person must comply with an order under subsection (3) (a), (b)\nor (d).\nMaximum penalty: 50 penalty units.\n(7) The court may revoke an order under subsection (3) (a) or (b) on\napplication by the person in relation to whom the order was made, or\nthe director-general, if satisfied—\n(a) that the order has been complied with; and\n(b) that there is no reasonable likelihood of the circumstances\ngiving rise to the making of the order happening again.\n24BI Joint and separate responsibility for amenity impacts\n(1) This section applies if—\n(a) an authorised person has reasonable grounds for believing that\nan amenity impact exists; and\n(b) either—\n(i) the authorised person has reasonable grounds for believing\nthat 2 or more people have caused the impact; or\n(ii) if the person or people causing the impact cannot be\nidentified—2 or more people occupy the place from which\nthe impact originates.\n(2) Each person who has caused the impact, or occupies the place from\nwhich the impact originates—\n(a) may be given an abatement notice; and\n\n","sortOrder":24},{"sectionNumber":"Part 4","sectionType":"part","heading":"Enforcement","content":"Part 4 Enforcement\n","sortOrder":25},{"sectionNumber":"Div 4","sectionType":"division","heading":"3 Dealing with litter","content":"Division 4.3 Dealing with litter\nSection 24BI\npage 36 Litter Act 2004\nEffective: 26/12/25\nR15\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) if the court makes an order under section 24BH in relation to the\nperson and another person (a joint abatement order)—the\nperson and other person are jointly and separately liable—\n(i) in relation to the joint abatement order; and\n(ii) for the reasonable costs or expenses mentioned in\nsection 24BH (3) (d) in relation to the application and the\nimplementation, or attempted implementation of the joint\nabatement order.\n\nShopping trolleys Part 4A\nSection 24C\nR15\n26/12/25\nLitter Act 2004\nEffective: 26/12/25\npage 37\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4A Shopping trolleys\n","sortOrder":26},{"sectionNumber":"24C","sectionType":"section","heading":"Definitions—pt 4A","content":"24C Definitions—pt 4A\nIn this part:\ncollection area—see section 24H (2) (c).\ncollection day—see section 24H (2) (b).\ncollection day notice—see section 24H (1).\nremoval notice means a notice under section 24I (3).\nremoval notice location, of a retailer’s shopping trolley, means—\n(a) the place mentioned in section 24I (1) where the trolley was\nfound; and\n(b) any place outside the retailer’s shopping centre precinct that can\nbe clearly seen from the place mentioned in paragraph (a).\nretailer means a person who provides shopping trolleys for use in the\nretailer’s premises.\nretailer collection notice—see section 24K (2).\nretailer’s shopping centre precinct, for a retailer’s shopping trolley,\nmeans the shopping centre precinct where the retailer’s premises\nidentified on the trolley are located.\nshopping centre, for retail premises which provide shopping trolleys\nfor use in the premises, means—\n(a) if the premises occupy a single building—the retail premises; or\n(b) if the premises are in a shopping centre, shopping mall, shopping\ncourt or shopping arcade—the centre, mall, court or arcade.\n\nPart 4A Shopping trolleys\nSection 24D\npage 38 Litter Act 2004\nEffective: 26/12/25\nR15\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nshopping centre precinct means—\n(a) an area consisting of—\n(i) a shopping centre; and\n(ii) any car park provided for the use of customers of the\nshopping centre; and\n(iii) any area, including a road or other public place, between\nthe shopping centre and the car park; and\n(iv) any other area provided for the use of customers of the\nshopping centre immediately adjacent to the shopping\ncentre; or\n(b) an area prescribed by regulation.\nshopping trolley means—\n(a) a predominantly metal trolley incorporating a basket that cannot\nbe removed; or\n(b) a trolley or handcart prescribed by regulation.\n","sortOrder":27},{"sectionNumber":"24D","sectionType":"section","heading":"Direction to return shopping trolley","content":"24D Direction to return shopping trolley\n(1) This section applies if an authorised person or police officer believes\non reasonable grounds that—\n(a) a person—\n(i) has taken a retailer’s shopping trolley from the retailer’s\nshopping centre precinct; or\n(ii) is using a retailer’s shopping trolley in a place outside the\nretailer’s shopping centre precinct; or\n(iii) has left a retailer’s shopping trolley at a place outside the\nretailer’s shopping centre precinct; and\n\nShopping trolleys Part 4A\nSection 24D\nR15\n26/12/25\nLitter Act 2004\nEffective: 26/12/25\npage 39\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) for paragraph (a) (i) and (ii), the person is not—\n(i) the retailer identified on the trolley; or\n(ii) a person authorised by the retailer to do the things\nmentioned in paragraph (a) (i) and (ii).\n(2) The authorised person or police officer may give the person a written\ndirection to return the shopping trolley to the retailer’s premises\nidentified on the trolley.\n(3) The person must comply with the direction.\nMaximum penalty: 10 penalty units.\n(4) An offence against this section is a strict liability offence.\n(5) The authorised person or police officer must not give the person a\nwritten direction under subsection (2) if it is harsh or unreasonable in\nthe circumstances to do so.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (5) (see Criminal Code, s 58).\n(6) A direction must—\n(a) state that it is an offence against subsection (3) not to comply\nwith the direction; and\n(b) state a reasonable time within which the direction must be\ncomplied with; and\n(c) include a statement that the person may be served with an\ninfringement notice or prosecuted under subsection (3) if the\nperson does not comply with the direction.\n(7) In this section:\ninfringement notice—see the Magistrates Court Act 1930,\nsection 117.\n\nPart 4A Shopping trolleys\nSection 24E\npage 40 Litter Act 2004\nEffective: 26/12/25\nR15\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":28},{"sectionNumber":"24E","sectionType":"section","heading":"Notice about taking etc shopping trolley outside of","content":"24E Notice about taking etc shopping trolley outside of\nshopping centre precinct\n(1) A retailer must place prominently at or near the customer exits in the\nretailer’s premises a notice that—\n(a) contains the following statement:\n‘Under the Litter Act 2004 fines can apply for taking,\nusing or leaving a shopping trolley outside this shopping\ncentre precinct’; and\n(b) describes the retailer’s shopping centre precinct; and\n(c) contains anything else prescribed by regulation; and\n(d) can be seen and read easily by a person leaving the retailer’s\npremises.\nMaximum penalty: 10 penalty units.\n(2) An offence against this section is a strict liability offence.\n","sortOrder":29},{"sectionNumber":"24F","sectionType":"section","heading":"Identification of ownership of shopping trolleys","content":"24F Identification of ownership of shopping trolleys\n(1) A retailer must display on each of the retailer’s shopping trolleys the\nfollowing information:\n(a) the retailer’s name;\n(b) the address of the retailer’s premises at which the retailer keeps\nthe trolley;\n(c) the contact telephone number of—\n(i) the retailer; or\n(ii) a person authorised by the retailer to collect the trolley;\n(d) the telephone number for the shopping trolley hotline;\n(e) anything else prescribed by regulation.\n\nShopping trolleys Part 4A\nSection 24G\nR15\n26/12/25\nLitter Act 2004\nEffective: 26/12/25\npage 41\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The information mentioned in subsection (1)—\n(a) must be legible and conspicuously displayed on the shopping\ntrolley; and\n(b) must not be easily removed from the trolley or made illegible.\n(3) A retailer commits an offence if the retailer fails to comply with this\nsection.\nMaximum penalty: 10 penalty units.\n(4) Subsection (3) does not apply if the information mentioned in\nsubsection (1) is—\n(a) removed from the shopping trolley by a person other than the\nretailer; or\n(b) made illegible by a person other than the retailer.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (4) (see Criminal Code, s 58).\n(5) An offence against this section is a strict liability offence.\n(6) In this section:\nshopping trolley hotline means a telephone contact service operated\nby the Territory to receive information about shopping trolleys left in\npublic places.\n","sortOrder":30},{"sectionNumber":"24G","sectionType":"section","heading":"Retailer must keep shopping trolleys within shopping","content":"24G Retailer must keep shopping trolleys within shopping\ncentre precinct\n(1) A retailer commits an offence if the retailer fails to keep a shopping\ntrolley identified as belonging to the retailer under section 24F (1)\nwithin the retailer’s shopping centre precinct.\nMaximum penalty: 60 penalty units.\n\nPart 4A Shopping trolleys\nSection 24G\npage 42 Litter Act 2004\nEffective: 26/12/25\nR15\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) This section does not apply if the shopping trolley is—\n(a) in premises owned or leased by the retailer or a person\nauthorised by the retailer to keep the trolley; or\n(b) in the possession of the retailer or a person authorised by the\nretailer to be in possession of the trolley; or\n(c) in a shopping centre precinct other than the retailer’s shopping\ncentre precinct.\n(3) This section does not apply if—\n(a) the retailer operates and maintains a trolley containment system\nat the retailer’s premises where the shopping trolley came from\nand the containment system applied to the trolley; or\n(b) the retailer took all reasonable measures to ensure that the trolley\nwas kept within the retailer’s shopping centre precinct; or\n(c) the number of trolleys provided by the retailer at the retailer’s\npremises where the trolley came from is less than the number\nprescribed by regulation.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (2) and (3) (see Criminal Code, s 58).\n(4) In this section:\ntrolley containment system means a system approved by the\ndirector-general that is designed to reduce the number of a retailer’s\nshopping trolleys taken out of the retailer’s shopping centre precinct.\nExample—trolley containment system\na system which requires the deposit of money by customers to use a shopping\ntrolley which is refundable on the return of the trolley\n\nShopping trolleys Part 4A\nSection 24H\nR15\n26/12/25\nLitter Act 2004\nEffective: 26/12/25\npage 43\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":31},{"sectionNumber":"24H","sectionType":"section","heading":"Notice of shopping trolley collection days","content":"24H Notice of shopping trolley collection days\n(1) The director-general may give a retailer a notice (a collection day\nnotice) of the director-general’s intention to remove shopping trolleys\nleft in places outside a shopping centre precinct.\nNote For how documents may be served, see the Legislation Act, pt 19.5.\n(2) A collection day notice must state the following:\n(a) the date the notice is given;\n(b) the day (the collection day) that the removal of shopping trolleys\nwill take place, being a day not less than 2 days after the date\nthe notice is given;\n(c) the area (the collection area) from where trolleys will be\nremoved;\n(d) if a trolley is found in a place outside a shopping centre precinct\nin a collection area on a collection day, the trolley may—\n(i) be removed to a retention area; and\n(ii) only be collected by the retailer from the retention area if\nthe retailer pays all fees, charges and other amounts\npayable under this Act;\n(e) it is an offence against section 24G if the retailer fails to keep a\ntrolley identified as belonging to the retailer under\nsection 24F (1) within the retailer’s shopping centre precinct;\n(f) the maximum penalty for the offence;\n(g) how the retailer may contact an authorised person, including, for\nexample, by giving a telephone number.\n\nPart 4A Shopping trolleys\nSection 24I\npage 44 Litter Act 2004\nEffective: 26/12/25\nR15\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":32},{"sectionNumber":"24I","sectionType":"section","heading":"Notice to remove individual shopping trolley","content":"24I Notice to remove individual shopping trolley\n(1) This section applies if a retailer’s shopping trolley is found in a place\noutside the retailer’s shopping centre precinct by an authorised person\nor police officer.\n(2) This section does not apply if the retailer identified on the shopping\ntrolley has been given a collection day notice and the trolley is found\non a collection day in a collection area.\n(3) An authorised person or police officer may give the retailer a notice\n(a removal notice) to remove the shopping trolley from the removal\nnotice location.\n(4) A removal notice must state the following:\n(a) the time and date the notice is given;\n(b) the place where the shopping trolley was found;\n(c) that the trolley must be removed from the removal notice\nlocation within 24 hours after the time the notice is given;\n(d) if the trolley is not removed from the removal notice location\nwithin 24 hours after the time the notice is given, the trolley\nmay—\n(i) be removed to a retention area; and\n(ii) only be collected by the retailer from the retention area if\nthe retailer pays all fees, charges and other amounts\npayable under this Act;\n(e) it is an offence against section 24G if the retailer fails to keep a\ntrolley identified as belonging to the retailer under\nsection 24F (1) within the retailer’s shopping centre precinct;\n(f) the maximum penalty for the offence;\n\nShopping trolleys Part 4A\nSection 24J\nR15\n26/12/25\nLitter Act 2004\nEffective: 26/12/25\npage 45\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(g) how the retailer may contact an authorised person, including, for\nexample, by giving a telephone number.\n(5) The removal notice must be given by—\n(a) securely attaching the notice, addressed to the retailer, to the\nshopping trolley in a conspicuous position; and\n(b) calling the contact telephone number stated on the trolley and\ngiving the information in the notice to the retailer.\n(6) For subsection (5) (b), information in the removal notice is taken to\nhave been given to the retailer if—\n(a) the information is given to—\n(i) a person who answers the telephone call; or\n(ii) a telephone answering or recording device; or\n(b) a reasonable attempt was made to give the information to the\nretailer by telephone.\n(7) A removal notice given in the way mentioned in subsection (5) is\ntaken to have been given to the retailer at the time and date the\ntelephone call is made.\n","sortOrder":33},{"sectionNumber":"24J","sectionType":"section","heading":"Removal of shopping trolley to retention area","content":"24J Removal of shopping trolley to retention area\n(1) The director-general may authorise a person (a trolley collector) to\nremove shopping trolleys found outside shopping centre precincts to\na retention area.\n(2) A trolley collector or authorised person may remove a shopping\ntrolley found outside a shopping centre precinct to a retention area if\nthe retailer identified on the trolley has been given—\n(a) a collection day notice and the trolley is found on a collection\nday in a collection area; or\n\nPart 4A Shopping trolleys\nSection 24J\npage 46 Litter Act 2004\nEffective: 26/12/25\nR15\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) a removal notice in relation to the trolley and the trolley has not\nbeen removed from the removal notice location within 24 hours\nafter the time the notice was given.\n(3) Subsection (2) does not apply if the shopping trolley is—\n(a) in premises owned or leased by the retailer or a person\nauthorised by the retailer to keep the trolley; or\n(b) in the possession of the retailer or a person authorised by the\nretailer to be in possession of the trolley; or\n(c) in a shopping centre precinct other than the retailer’s shopping\ncentre precinct.\n(4) However, an authorised person or a police officer may remove a\nshopping trolley to a retention area without a notice under\nsection 24H or section 24I having been given if the authorised person\nor a police officer believes on reasonable grounds that—\n(a) the trolley may cause injury to a person or animal or damage to\nproperty or a public place if it is not removed; or\n(b) it is impractical for the retailer to remove the trolley.\nExample—par (a)\nA shopping trolley is left next to a main road. Prompt removal is necessary because\nthe trolley could roll or be pushed onto the road.\nExample—par (b)\nA shopping trolley is dumped in a waterway. Removal by the retailer is impractical\nbecause it requires specialised equipment to remove it.\n\nShopping trolleys Part 4A\nSection 24K\nR15\n26/12/25\nLitter Act 2004\nEffective: 26/12/25\npage 47\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":34},{"sectionNumber":"24K","sectionType":"section","heading":"Retention of shopping trolleys","content":"24K Retention of shopping trolleys\n(1) This section applies if a shopping trolley is removed to a retention\narea under section 24J.\n(2) The director-general must give written notice (a retailer collection\nnotice) that the shopping trolley is in the retention area to the retailer\nidentified on the trolley.\nNote For how documents may be served, see the Legislation Act, pt 19.5.\n(3) The retailer collection notice must state the following:\n(a) the date of the notice;\n(b) the address of the retention area where the trolley may be\ncollected;\n(c) when the trolley may be collected;\n(d) any fee the retailer must pay before the trolley may be collected;\n(e) that the trolley may be disposed of under the Uncollected Goods\nAct 1996, part 3 if the trolley is not collected within 7 days after\nthe day the notice is given to the retailer.\n","sortOrder":35},{"sectionNumber":"24L","sectionType":"section","heading":"Disposal of retained shopping trolleys","content":"24L Disposal of retained shopping trolleys\nIf a shopping trolley is removed to a retention area under\nsection 24J—\n(a) the trolley is taken to be uncollected goods for the Uncollected\nGoods Act 1996; and\n(b) the trolley is taken to have become uncollected goods for that\nAct on the day the retailer collection notice is given; and\n(c) the director-general is taken to be the possessor of the trolley for\nthat Act; and\n\n","sortOrder":36},{"sectionNumber":"Part 4A","sectionType":"part","heading":"Shopping trolleys","content":"Part 4A Shopping trolleys\nSection 24M\npage 48 Litter Act 2004\nEffective: 26/12/25\nR15\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) the director-general may dispose of the trolley under that Act,\npart 3 after 7 days after the day the retailer collection notice is\ngiven; and\n(e) if a trolley is to be destroyed under that Act, part 3—to the extent\nreasonably practicable, the component materials of the trolley\nmust be recycled; and\n(f) for that Act, section 26 (2) (a) and (b) and section 30 (1) (a) and\n(b), the reasonable costs incurred by the director-general are\ntaken to be any fee determined under this Act for the removal,\nstorage and disposal of the trolley; and\n(g) that Act, section 27 does not apply.\n","sortOrder":37},{"sectionNumber":"24M","sectionType":"section","heading":"Recovery of cost of disposal etc of shopping trolley","content":"24M Recovery of cost of disposal etc of shopping trolley\n(1) This section applies if a shopping trolley has been disposed of under\nsection 24L and the Uncollected Goods Act 1996, part 3.\n(2) A fee for the removal, storage and disposal of the shopping trolley is\na debt due to the Territory by the retailer.\n(3) The debt is payable within 14 days after the date of the invoice.\n(4) Interest is payable on the amount of the debt that remains unpaid after\nthe payment date at the interest rate mentioned in the Court\nProcedures Rules 2006, schedule 2, rule 2.3 (Interest on judgment\nafter 30 June 2010—Supreme Court).\n","sortOrder":38},{"sectionNumber":"24N","sectionType":"section","heading":"Removing, defacing or interfering with removal notices","content":"24N Removing, defacing or interfering with removal notices\n(1) A person commits an offence if––\n(a) a removal notice is placed on, or attached to, a shopping trolley;\nand\n(b) the person is not—\n(i) an authorised person or police officer; or\n\nShopping trolleys Part 4A\nSection 24N\nR15\n26/12/25\nLitter Act 2004\nEffective: 26/12/25\npage 49\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) the retailer; or\n(iii) a person authorised by the retailer to collect the trolley; and\n(c) the person removes, defaces or interferes with the notice.\nMaximum penalty: 5 penalty units.\n(2) An offence against this section is a strict liability offence.\n\nPart 4B Abandoned vehicles\nSection 24O\npage 50 Litter Act 2004\nEffective: 26/12/25\nR15\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4B Abandoned vehicles\n","sortOrder":39},{"sectionNumber":"24O","sectionType":"section","heading":"Power to enter abandoned vehicle","content":"24O Power to enter abandoned vehicle\n(1) This section applies if an authorised person has reasonable grounds\nfor believing that a vehicle has been abandoned at a public place.\nExamples—reasonable grounds\n1 burnt out wreck\n2 deteriorating body or broken windows\n3 missing number plates\nNote Litter is defined to include an abandoned vehicle (see s 7).\n(2) The authorised person may enter the vehicle, to identify the vehicle\nor responsible person for the vehicle, only if the vehicle or responsible\nperson cannot be identified without entering the vehicle.\n(3) If the vehicle is entered, the authorised person—\n(a) may take only the steps reasonably necessary to obtain the\ninformation needed to identify the vehicle or responsible person\nfor the vehicle (the identification information); and\n(b) must not examine anything else in the vehicle that is not relevant\nfor obtaining the identification information; and\n(c) must not remove anything from the vehicle other than the\nfollowing:\n(i) perishable items;\n(ii) items that could cause harm to a person or animal if left in\nthe vehicle;\n(iii) items that may damage the vehicle if left in the vehicle.\nExamples—removable items\n1 foods that if spoiled, may soil or cause an offensive smell to permeate\nthe vehicle\n2 chemicals or explosives\n\nAbandoned vehicles Part 4B\nSection 24P\nR15\n26/12/25\nLitter Act 2004\nEffective: 26/12/25\npage 51\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) The authorised person must not disclose any information, other than\nthe identification information for the purposes of this Act, obtained\nby the authorised person because of the exercise of the authorised\nperson’s functions under subsection (3).\n","sortOrder":40},{"sectionNumber":"24P","sectionType":"section","heading":"Direction to remove vehicles from public places","content":"24P Direction to remove vehicles from public places\n(1) This section applies if—\n(a) a person places a vehicle at a public place; and\n(b) an authorised person or police officer has reasonable grounds\nfor believing that the vehicle has been abandoned.\n(2) The authorised person or police officer may direct (a removal\ndirection) the person to remove the vehicle.\n(3) A removal direction must be in writing and state—\n(a) the public place; and\n(b) the vehicle to be removed; and\n(c) when the direction must be complied with (the due date), being\na day at least 2 days after the direction is given to the person;\nand\n(d) that, if the vehicle is not removed by the due date—\n(i) the person may be committing an offence under\nsection 24Q; and\n(ii) the vehicle may be removed and disposed of under\nsection 24R and section 24S.\n(4) A removal direction may be given to a person by securely attaching\nthe direction to the vehicle in a conspicuous place.\nNote For how documents may be given, see the Legislation Act, pt 19.5.\n\nPart 4B Abandoned vehicles\nSection 24Q\npage 52 Litter Act 2004\nEffective: 26/12/25\nR15\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(5) A removal direction given to a person in the way mentioned in\nsubsection (4) is taken to be given to the person on the day the\ndirection is attached to the vehicle.\n","sortOrder":41},{"sectionNumber":"24Q","sectionType":"section","heading":"Offence—fail to comply with removal direction","content":"24Q Offence—fail to comply with removal direction\n(1) A person commits an offence if the person—\n(a) is subject to a removal direction; and\n(b) fails to comply with the direction.\n(2) Subsection (1) does not apply if the person has a reasonable excuse\nfor failing to comply with the direction.\nMaximum penalty: 20 penalty units.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (2) (see Criminal Code, s 58).\n(3) An offence against this section is a strict liability offence.\n","sortOrder":42},{"sectionNumber":"24R","sectionType":"section","heading":"Removal of vehicles at public places by Territory","content":"24R Removal of vehicles at public places by Territory\n(1) This section applies if—\n(a) a person—\n(i) is subject to a removal direction for a vehicle; and\n(ii) fails to comply with the direction; or\n(b) a vehicle is at a public place and an authorised person reasonably\nbelieves that the vehicle is abandoned.\n(2) An authorised person may—\n(a) move the vehicle to a retention area; or\n(b) for a vehicle of no value—move the vehicle to a retention area\nor dispose of it immediately.\nExample\nA burnt out wreck may be disposed of immediately.\n\nAbandoned vehicles Part 4B\nSection 24S\nR15\n26/12/25\nLitter Act 2004\nEffective: 26/12/25\npage 53\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) In this section:\nnet value—see the Uncollected Goods Act 1996, dictionary.\nno value, in relation to a vehicle, means a vehicle having a net value\nof $20 or less.\nvalue—see the Uncollected Goods Act 1996, dictionary.\n","sortOrder":43},{"sectionNumber":"24S","sectionType":"section","heading":"Disposal of vehicles by Territory","content":"24S Disposal of vehicles by Territory\n(1) This section applies if a vehicle is moved to a retention area under\nsection 24R.\n(2) The director-general must give the responsible person for the vehicle\na written notice (a retention notice) stating—\n(a) that the vehicle has been moved to a retention area; and\n(b) when and where the vehicle may be collected; and\n(c) that, if the responsible person does not collect the vehicle within\n7 days after the retention notice is given to the responsible\nperson, the vehicle may be disposed of under the Uncollected\nGoods Act 1996.\nNote For how documents may be given, see the Legislation Act, pt 19.5.\n(3) If the vehicle is not collected within the period mentioned in\nsubsection (2) (c)—\n(a) the vehicle is taken to be uncollected goods under the\nUncollected Goods Act 1996; and\n(b) the director-general is taken to be the possessor of the goods for\nthat Act; and\n(c) the director-general may dispose of the goods under that Act,\npart 3 (Disposal of uncollected goods).\n\n","sortOrder":44},{"sectionNumber":"Part 4B","sectionType":"part","heading":"Abandoned vehicles","content":"Part 4B Abandoned vehicles\nSection 24T\npage 54 Litter Act 2004\nEffective: 26/12/25\nR15\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) For the Uncollected Goods Act 1996, section 26 (2) (a) (Claim by\nowner before disposal) and section 30 (1) (a) (Proceeds of sale), the\nreasonable costs incurred by the director-general in complying with\nthat Act are taken to include the cost of removing the vehicle from\nthe public place to the retention area.\n","sortOrder":45},{"sectionNumber":"24T","sectionType":"section","heading":"Damage etc to be minimised","content":"24T Damage etc to be minimised\n(1) In the exercise, or purported exercise, of a function under this part, an\nauthorised person must take all reasonable steps to ensure that the\nauthorised person causes as little inconvenience, detriment and\ndamage as is practicable.\n(2) If an authorised person damages a vehicle in the exercise or purported\nexercise of a function under this part, the authorised person must give\nwritten notice of the particulars of the damage to the person whom\nthe authorised person believes on reasonable grounds is the owner of\nthe vehicle.\nNote For how documents may be given, see the Legislation Act, pt 19.5.\n(3) This section does not apply if the authorised person immediately\ndisposes of the vehicle under section 24R (2) (b).\n","sortOrder":46},{"sectionNumber":"24U","sectionType":"section","heading":"Compensation for exercise of enforcement powers","content":"24U Compensation for exercise of enforcement powers\n(1) A person may claim compensation from the Territory if the person\nsuffers loss or expense because of the exercise, or purported exercise,\nof a function under this part by an authorised person.\n(2) Compensation may be claimed and ordered in a proceeding for—\n(a) compensation brought in a court of competent jurisdiction; or\n(b) an offence against this Act brought against the person making\nthe claim for compensation.\n(3) A court may order the payment of reasonable compensation for the\nloss or expense only if it is satisfied it is just to make the order in the\ncircumstances of the particular case.\n\nAbandoned vehicles Part 4B\nSection 24V\nR15\n26/12/25\nLitter Act 2004\nEffective: 26/12/25\npage 55\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) A regulation may prescribe matters that may, must or must not be\ntaken into account by the court in considering whether it is just to\nmake the order.\n","sortOrder":47},{"sectionNumber":"24V","sectionType":"section","heading":"Protection from liability","content":"24V Protection from liability\n(1) An authorised person is not civilly liable for conduct engaged in\nhonestly and without recklessness—\n(a) in the exercise of a function under this Act; or\n(b) in the reasonable belief that the conduct was in the exercise of a\nfunction under this Act.\n(2) Any civil liability that would, apart from this section, attach to the\nauthorised person attaches instead to the Territory.\n(3) In this section:\nconduct means an act or omission to do an act.\n\nPart 4C Review and appeals\nSection 24W\npage 56 Litter Act 2004\nEffective: 26/12/25\nR15\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":48},{"sectionNumber":"Part 4C","sectionType":"part","heading":"Review and appeals","content":"Part 4C Review and appeals\n","sortOrder":49},{"sectionNumber":"24W","sectionType":"section","heading":"Meaning of reviewable decision—pt 4C","content":"24W Meaning of reviewable decision—pt 4C\nIn this part:\nreviewable decision means a decision mentioned in schedule 1,\ncolumn 3 under a provision of this Act mentioned in column 2 in\nrelation to the decision.\n","sortOrder":50},{"sectionNumber":"24X","sectionType":"section","heading":"Reviewable decision notices","content":"24X Reviewable decision notices\nIf a person makes a reviewable decision, the person must give a\nreviewable decision notice to each entity mentioned in schedule 1,\ncolumn 4 in relation to the decision.\nNote The person must also take reasonable steps to give a reviewable decision\nnotice to any other person whose interests are affected by the decision\n(see ACT Civil and Administrative Tribunal Act 2008, s 67A).\n","sortOrder":51},{"sectionNumber":"24Y","sectionType":"section","heading":"Applications for review","content":"24Y Applications for review\nThe following may apply to the ACAT for review of a reviewable\ndecision:\n(a) an entity mentioned in schedule 1, column 4 in relation to the\ndecision;\n(b) any other person whose interests are affected by the decision.\n","sortOrder":52},{"sectionNumber":"24Z","sectionType":"section","heading":"Appeals","content":"24Z Appeals\nA person subject to an abatement order may appeal to the Supreme\nCourt in relation to any of the following orders of the Magistrates\nCourt:\n(a) an abatement order under section 24BH (3);\n(b) an order under section 24BH (7) dismissing an application for\nthe revocation of an abatement order.\n\nMiscellaneous Part 5\nSection 24ZA\nR15\n26/12/25\nLitter Act 2004\nEffective: 26/12/25\npage 57\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Miscellaneous\n24ZA Codes of practice\n(1) The Minister may approve a code of practice setting out minimum\nstandards or guidelines for this Act.\n(2) However, the Minister must approve a code of practice setting out\nguidelines for the director-general in dealing with amenity impacts\ncaused by hoarding (a hoarding code of practice).\n(3) Despite subsection (2), the Minister must not approve a hoarding code\nof practice within 6 months after the day this section commences.\n(4) In approving a hoarding code of practice, the Minister must have\nregard to—\n(a) the objects of the Act in section 6; and\n(b) minimising amenity impacts, and ways of dealing with amenity\nimpacts, on the wellbeing of people affected by the amenity\nimpacts, including people whose hoarding caused the amenity\nimpacts.\n(5) Without limiting a hoarding code of practice, it must include\nguidelines about the following:\n(a) the regular review of the circumstances of a person in relation to\nwhom an abatement notice has been given, or an abatement\norder has been made, as a consequence of an amenity impact\ncaused by the person’s hoarding;\n(b) the establishment of, or referral to, a group made up of\nrepresentatives from government agencies and support services\nto advise the director-general in relation to the management of\namenity impacts caused by hoarding;\n(c) the circumstances in which a person whose hoarding has caused\nan amenity impact should be referred to a government agency or\nsupport service;\n\n","sortOrder":53},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"Part 5 Miscellaneous\nSection 25\npage 58 Litter Act 2004\nEffective: 26/12/25\nR15\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) the least restrictive means reasonably available to the\ndirector-general for dealing with amenity impacts caused by\nhoarding.\n(6) An approved code of practice may apply, adopt or incorporate an\ninstrument as in force from time to time.\nNote 1 The text of an applied, adopted or incorporated law or instrument,\nwhether applied as in force from time to time or at a particular time, is\ntaken to be a notifiable instrument if the operation of the Legislation Act,\ns 47 (5) or (6) is not disapplied (see s 47 (7)).\nNote 2 A reference to an instrument includes a reference to a provision of an\ninstrument (see Legislation Act, s 14 (2)).\n(7) An approved code of practice is a disallowable instrument.\n","sortOrder":54},{"sectionNumber":"25","sectionType":"section","heading":"Determination of fees","content":"25 Determination of fees\n(1) The Minister may determine fees for this Act.\n(2) A determination is a disallowable instrument.\n","sortOrder":55},{"sectionNumber":"26","sectionType":"section","heading":"Approved forms","content":"26 Approved forms\n(1) The director-general may approve forms for this Act.\n(2) If the director-general approves a form for a particular purpose, the\napproved form must be used for that purpose.\n(3) An approved form is a notifiable instrument.\n","sortOrder":56},{"sectionNumber":"27","sectionType":"section","heading":"Regulation-making power","content":"27 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) A regulation may—\n(a) make provision in relation to dockless bicycle sharing schemes\nor other sharing schemes using GPS tracking devices on\nvehicles; and\n\nMiscellaneous Part 5\nSection 27\nR15\n26/12/25\nLitter Act 2004\nEffective: 26/12/25\npage 59\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) create offences for contraventions of the regulations and fix\nmaximum penalties of not more than 30 penalty units for the\noffences.\n(3) In this section:\nGPS tracking device, in relation to a vehicle, means a device that uses\nthe global positioning system to keep track of the location of the\nvehicle.\n\nSchedule 1 Reviewable decisions\npage 60 Litter Act 2004\nEffective: 26/12/25\nR15\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":57},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Reviewable decisions","content":"Schedule 1 Reviewable decisions\n(see pt 4C)\ncolumn 1\nitem\ncolumn 2\nsection\ncolumn 3\ndecision\ncolumn 4\nentity\n1 21 (2) give notice requiring\nperson to remove etc\nlitter/restore public\nplace\nperson given notice\n2 24BD (2) give abatement notice person given notice\n3 24BF (1) refuse application to\nextend compliance\nperiod\napplicant\n4 24BG (3) refuse application for\nrevocation of\nabatement notice\napplicant\n5 24P (2) issue removal direction person directed\n\nDictionary\nR15\n26/12/25\nLitter Act 2004\nEffective: 26/12/25\npage 61\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• contravene\n• director-general (see s 163)\n• entity\n• Executive\n• fail\n• function\n• home address\n• public servant\n• reviewable decision notice\n• the Territory.\nabatement notice—see section 24BD.\namenity impact—see section 24BA.\nauthorised person means an authorised person appointed under\nsection 14.\ncollection area, for part 4A (Shopping trolleys)—see\nsection 24H (2) (c).\ncollection day, for part 4A (Shopping trolleys)—see\nsection 24H (2) (b).\ncollection day notice, for part 4A (Shopping trolleys)—see\nsection 24H (1).\ncommercial waste means—\n(a) waste resulting from institutional, commercial or industrial\nactivities; or\n(b) waste collected and transported in the course of business.\n\nDictionary\npage 62 Litter Act 2004\nEffective: 26/12/25\nR15\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ndeposit means the act of parting with possession of litter.\ndisability—see the Discrimination Act 1991, section 5AA.\ndriver—see the Road Transport (General) Act 1999, dictionary.\nescape, into or onto a public place or an open private place, includes\nfall, descend and percolate, and be blown or washed, into or onto the\nplace.\nlake—see the Lakes Act 1976, dictionary.\nlevel, for a volume of litter—see section 7A.\nlitter––see section 7.\nmotor vehicle—see the Road Transport (General) Act 1999,\ndictionary.\noccupier, of premises, includes the person in charge of the premises.\nopen private place means—\n(a) a private place that is situated in or on land and that is not within\na building on the land; or\n(b) a private place that is situated in or on waters.\npublic place means—\n(a) a road, road related area or any other unleased Territory land; or\n(b) a place to which the public, or a section of the public, has access,\nwhether by payment or not.\nremoval direction—see section 24P (2).\nremoval notice, for part 4A (Shopping trolleys)—see section 24C.\nremoval notice location, for part 4A (Shopping trolleys)—see\nsection 24C.\nremoval direction—see section 24P (2).\nresponsible person, for a vehicle—see the Road Transport (General)\nAct 1999, section 10 and section 11.\n\nDictionary\nR15\n26/12/25\nLitter Act 2004\nEffective: 26/12/25\npage 63\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nretailer, for part 4A (Shopping trolleys)—see section 24C.\nretailer collection notice, for part 4A (Shopping trolleys)—see\nsection 24K (2).\nretailer’s shopping centre precinct, for part 4A (Shopping\ntrolleys)—see section 24C.\nretention area—see the Uncollected Goods Act 1996, dictionary.\nreviewable decision, for part 4C (Review and appeals)—see\nsection 24W.\nrider—see the Road Transport (General) Act 1999, dictionary.\nroad—see the Road Transport (General) Act 1999, dictionary.\nroad related area—see the Road Transport (General) Act 1999,\ndictionary.\nshopping centre, for part 4A (Shopping trolleys)—see section 24C.\nshopping centre precinct, for part 4A (Shopping trolleys)—see\nsection 24C.\nshopping trolley, for part 4A (Shopping trolleys)—see section 24C.\nunleased Territory land includes a waterway.\nvehicle includes a boat or trailer.\nwaste—see the Waste Management and Resource Recovery Act 2016,\nsection 10.\nwaste collection service—see the Waste Management and Resource\nRecovery Act 2016, section 63.\nwaste facility—see the Waste Management and Resource Recovery\nAct 2016, section 14.\n\nDictionary\npage 64 Litter Act 2004\nEffective: 26/12/25\nR15\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nwaterway means—\n(a) a river, creek, stream or other natural channel in which water\nflows (whether permanently or intermittently); or\n(b) the stormwater system and any other channel formed (whether\nin whole or part) by altering or relocating a waterway mentioned\nin paragraph (a); or\n(c) a lake, pond, lagoon or marsh (whether formed by geomorphic\nprocesses or by works) in which water collects (whether\ncontinuously or intermittently);\nand includes the bed that the water in the waterway normally flows\nover or is covered by.\n\nEndnotes\nAbout the endnotes 1\nR15\n26/12/25\nLitter Act 2004\nEffective: 26/12/25\npage 65\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\n3 Legislation history\npage 66 Litter Act 2004\nEffective: 26/12/25\nR15\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":58},{"sectionNumber":"3","sectionType":"section","heading":"Legislation history","content":"3 Legislation history\nLitter Act 2004 A2004-47\nnotified LR 16 August 2004\ns 1, s 2 commenced 16 August 2004 (LA s 75 (1))\nremainder commenced 30 September 2004 (s 2 and CN2004-22)\nas amended by\nLitter Amendment Act 2005 A2005-50\nnotified LR 27 September 2005\ns 1, s 2 commenced 27 September 2005 (LA s 75 (1))\nremainder commenced 28 September 2005 (s 2)\nStatute Law Amendment Act 2007 (No 2) A2007-16 sch 3 pt 3.25\nnotified LR 20 June 2007\ns 1, s 2 taken to have commenced 12 April 2007 (LA s 75 (2))\nsch 3 pt 3.25 commenced 11 July 2007 (s 2 (1))\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 (No 2) A2008-37 sch 1 pt 1.70\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.70 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nDangerous Substances and Litter (Dumping) Legislation Amendment\nAct 2009 A2009-1 pt 3\nnotified LR 17 February 2009\ns 1, s 2 commenced 17 February 2009 (LA s 75 (1))\npt 3 commenced 17 August 2009 (s 2 and LA s 79)\nStatute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.47\nnotified LR 26 November 2009\ns 1, s 2 commenced 26 November 2009 (LA s 75 (1))\nsch 3 pt 3.47 commenced 17 December 2009 (s 2)\nLitter (Shopping Trolleys) Amendment Act 2010 A2010-34\nnotified LR 2 September 2010\ns 1, s 2 commenced 2 September 2010 (LA s 75 (1))\nremainder commenced 2 March 2011 (s 2 and LA s 79)\n\nEndnotes\nLegislation history 3\nR15\n26/12/25\nLitter Act 2004\nEffective: 26/12/25\npage 67\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.95\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.95 commenced 1 July 2011 (s 2 (1))\nStatute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.36\nnotified LR 28 November 2011\ns 1, s 2 commenced 28 November 2011 (LA s 75 (1))\nsch 3 pt 3.36 commenced 12 December 2011 (s 2)\nStatute Law Amendment Act 2012 A2012-21 sch 3 pt 3.29\nnotified LR 22 May 2012\ns 1, s 2 commenced 22 May 2012 (LA s 75 (1))\nsch 3 pt 3.29 commenced 5 June 2012 (s 2 (1))\nRoad Transport Reform (Light Rail) Legislation Amendment Act 2017\nA2017-21 sch 1 pt 1.11\nnotified LR 8 August 2017\ns 1, s 2 commenced 8 August 2017 (LA s 75 (1))\nsch 1 pt 1.11 commenced 15 August 2017 (s 2)\nLitter Legislation Amendment Act 2019 A2019-39 pt 2\nnotified LR 31 October 2019\ns 1, s 2 commenced 31 October 2019 (LA s 75 (1))\ns 25, s 28, s 32, s 34 commenced 15 September 2020 (s 2 (2) and\nCN2020-22)\npt 2 remainder commenced 1 November 2019 (s 2 (1))\nTransport Canberra and City Services Legislation Amendment\nAct 2023 A2023-27 pt 3\nnotified LR 7 July 2023\ns 1, s 2 commenced 7 July 2023 (LA s 75 (1))\npt 3 commenced 14 July 2023 (s 2)\nStatute Law Amendment Act 2025 A2025-29 sch 4 pt 4.118\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 4 pt 4.118 commenced 26 December 2025 (s 2 (7))\n\nEndnotes\n4 Amendment history\npage 68 Litter Act 2004\nEffective: 26/12/25\nR15\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\nObjects of Act\ns 6 sub A2019-39 s 5\nMeaning of litter\ns 7 am A2019-39 ss 6-8\nReference to level of litter\ns 7A ins A2019-39 s 9\nLittering\ns 8 am A2009-1 s 7, s 8; ss renum R5 LA\nsub A2019-39 s 10\nam A2023-27 s 16\nAggravated littering\ns 9 am A2009-1 s 9\nsub A2019-39 s 10\nam A2023-27 s 17\nDumping litter\ns 9A ins A2009-1 s 10\nsub A2019-39 s 10\nam A2023-27 s 18\nDumping litter—strict liability\ns 9B ins A2009-1 s 10\nsub A2019-39 s 10\nam A2023-27 s 19\nDumping litter—penalties for s 9B offences\ns 9BA ins A2019-39 s 10\nCommercial waste\ns 9C ins A2009-1 s 10\nCommercial waste—strict liability\ns 10 hdg sub A2009-1 s 11\ns 10 am A2019-39 s 11\nOffences about vehicle loads\ns 11 am A2019-39 ss 12-15; A2023-27 s 20\nUnsecured construction materials\ns 11A ins A2019-39 s 16\n\nEndnotes\nAmendment history 4\nR15\n26/12/25\nLitter Act 2004\nEffective: 26/12/25\npage 69\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPlacing advertising leaflets on motor vehicles, buildings or other fixed\nstructures\ns 13 hdg sub A2019-39 s 17\ns 13 am A2017-21 amdts 1.28-1.30; A2019-39 s 18\nIncidental vehicle offences\ns 13A ins A2019-39 s 19\nAppointment of authorised people\ns 14 am A2011-22 amdt 1.295\nIdentity cards\ns 15 sub A2005-50 s 4\nam A2011-22 amdt 1.295\nPower not to be exercised before identity card shown etc\ns 16 am A2005-50 s 5\nPower to require name and address\ns 17 sub A2005-50 s 6\nam A2009-49 amdt 3.111\nDealing with litter\ndiv 4.3 hdg sub A2009-1 s 12\nDealing with litter—removal etc by person\nsdiv 4.3.1 hdg ins A2009-1 s 13\nRequest to remove litter\ns 20 am A2019-39 s 20\nNotice to remove etc litter\ns 21 hdg sub A2009-1 s 14\ns 21 am A2008-37 amdt 1.304; ss renum R4 LA; A2009-1 s 15;\nA2011-52 amdt 3.134; A2019-39 ss 21-23; ss renum R12 LA\nAuthority to remove etc litter when direction not complied with\ns 22 hdg sub A2009-1 s 16\ns 22 am A2008-37 amdt 1.305; A2009-1 s 17; A2011-22\namdt 1.295\nLiability for cost of removal etc\ns 23 hdg sub A2009-1 s 18\ns 23 am A2009-1 s 18; A2011-52 amdt 3.135\nACAT review of notice under s 21\ns 24 sub A2008-37 amdt 1.306\nam A2009-1 s 19\nom A2019-39 s 24\nDealing with litter—removal etc by Territory\nsdiv 4.3.2 hdg ins A2009-1 s 20\n\nEndnotes\n4 Amendment history\npage 70 Litter Act 2004\nEffective: 26/12/25\nR15\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nRemoval etc of litter—by Territory\ns 24A ins A2009-1 s 20\nam A2011-22 amdt 1.295\nRecovery of costs associated with removal etc of litter\ns 24B ins A2009-1 s 20\nam A2011-22 amdt 1.295; A2011-52 amdt 3.136\nDealing with litter affecting amenity etc\nsdiv 4.3.3 hdg ins A2019-39 s 25\nMeaning of amenity impact\ns 24BA ins A2019-39 s 25\nComplaints about amenity impacts\ns 24BB ins A2019-39 s 25\nNotification about proposed abatement notice\ns 24BC ins A2019-39 s 25\nAbatement notices\ns 24BD ins A2019-39 s 25\nNot giving abatement notice\ns 24BE ins A2019-39 s 25\nAbatement notice—extension of compliance period\ns 24BF ins A2019-39 s 25\nAbatement notice—revocation\ns 24BG ins A2019-39 s 25\nam A2025-29 amdt 4.119\nAbatement orders\ns 24BH ins A2019-39 s 25\nJoint and separate responsibility for amenity impacts\ns 24BI ins A2019-39 s 25\nShopping trolleys\npt 4A hdg ins A2010-34 s 4\nDefinitions—pt 4A\ns 24C ins A2010-34 s 4\ndef collection area ins A2010-34 s 4\ndef collection day ins A2010-34 s 4\ndef collection day notice ins A2010-34 s 4\ndef removal notice ins A2010-34 s 4\ndef removal notice location ins A2010-34 s 4\ndef retailer ins A2010-34 s 4\ndef retailer collection notice ins A2010-34 s 4\ndef retailer’s shopping centre precinct ins A2010-34 s 4\n\nEndnotes\nAmendment history 4\nR15\n26/12/25\nLitter Act 2004\nEffective: 26/12/25\npage 71\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ndef retention area ins A2010-34 s 4\nom A2019-39 s 26\ndef shopping centre ins A2010-34 s 4\ndef shopping centre precinct ins A2010-34 s 4\ndef shopping trolley ins A2010-34 s 4\nDirection to return shopping trolley\ns 24D ins A2010-34 s 4\nNotice about taking etc shopping trolley outside of shopping centre precinct\ns 24E ins A2010-34 s 4\nIdentification of ownership of shopping trolleys\ns 24F ins A2010-34 s 4\nRetailer must keep shopping trolleys within shopping centre precinct\ns 24G ins A2010-34 s 4\nam A2011-22 amdt 1.295\nNotice of shopping trolley collection days\ns 24H ins A2010-34 s 4\nam A2011-22 amdt 1.292, amdt 1.295; A2025-29 amdt 4.119\nNotice to remove individual shopping trolley\ns 24I ins A2010-34 s 4\nam A2025-29 amdt 4.119\nRemoval of shopping trolley to retention area\ns 24J ins A2010-34 s 4\nam A2011-22 amdt 1.295\nRetention of shopping trolleys\ns 24K ins A2010-34 s 4\nam A2011-22 amdt 1.295; A2025-29 amdt 4.119\nDisposal of retained shopping trolleys\ns 24L ins A2010-34 s 4\nam A2011-22 amdt 1.295; A2025-29 amdt 4.119\nRecovery of cost of disposal etc of shopping trolley\ns 24M ins A2010-34 s 4\nam A2025-29 amdt 4.119\nRemoving, defacing or interfering with removal notices\ns 24N ins A2010-34 s 4\nAbandoned vehicles\npt 4B hdg ins A2019-39 s 27\nPower to enter abandoned vehicle\ns 24O ins A2019-39 s 27\n\nEndnotes\n","sortOrder":59},{"sectionNumber":"4","sectionType":"section","heading":"Amendment history","content":"4 Amendment history\npage 72 Litter Act 2004\nEffective: 26/12/25\nR15\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDirection to remove vehicles from public places\ns 24P ins A2019-39 s 27\nam A2025-29 amdt 4.119\nOffence—fail to comply with removal direction\ns 24Q ins A2019-39 s 27\nRemoval of vehicles at public places by Territory\ns 24R ins A2019-39 s 27\nDisposal of vehicles by Territory\ns 24S ins A2019-39 s 27\nDamage etc to be minimised\ns 24T ins A2019-39 s 27\nCompensation for exercise of enforcement powers\ns 24U ins A2019-39 s 27\nProtection from liability\ns 24V ins A2019-39 s 27\nReview and appeals\npt 4C hdg ins A2019-39 s 27\nMeaning of reviewable decision—pt 4C\ns 24W ins A2019-39 s 27\nReviewable decision notices\ns 24X ins A2019-39 s 27\nam A2025-29 amdt 4.119\nApplications for review\ns 24Y ins A2019-39 s 27\nam A2025-29 amdt 4.119\nAppeals\ns 24Z ins A2019-39 s 28\nCodes of practice\ns 24ZA ins A2019-39 s 29\nam A2025-29 amdt 4.119\nDetermination of fees\ns 25 am A2012-21 amdt 3.117; A2025-29 amdt 4.119\nApproved forms\ns 26 am A2011-22 amdt 1.295; A2025-29 amdt 4.119\nRegulation-making power\ns 27 sub A2019-39 s 30\nRepeals and consequential amendments\npt 6 hdg om LA s 89 (3)\n\nEndnotes\nAmendment history 4\nR15\n26/12/25\nLitter Act 2004\nEffective: 26/12/25\npage 73\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nLegislation repealed\ns 28 om LA s 89 (3)\nLegislation amended\ns 29 om LA s 89 (3)\nReviewable decisions\nsch 1 om LA s 89 (3)\nins A2019-39 s 31\nam A2019-39 s 32; items renum R13 LA\nDictionary\ndict am A2008-37 amdt 1.307; A2009-49 amdt 3.112; A2011-22\namdt 1.293, amdt 1.294; A2019-39 s 33\ndef abatement notice ins A2019-39 s 34\ndef amenity impact ins A2019-39 s 34\ndef collection area ins A2010-34 s 5\ndef collection day ins A2010-34 s 5\ndef collection day notice ins A2010-34 s 5\ndef disability ins A2019-39 s 34\ndef escape ins A2009-1 s 21\nsub A2019-39 s 35\ndef level ins A2019-39 s 36\ndef litter ins A2012-21 amdt 3.118\ndef open private place ins A2019-39 s 36\ndef public place am A2007-16 amdt 3.116\ndef removal direction ins A2019-39 s 36\ndef removal notice ins A2010-34 s 5\ndef removal notice location ins A2010-34 s 5\ndef responsible person ins A2019-39 s 36\ndef retailer ins A2010-34 s 5\ndef retailer collection notice ins A2010-34 s 5\ndef retailer’s shopping centre precinct ins A2010-34 s 5\ndef retention area ins A2010-34 s 5\nsub A2019-39 s 37\ndef reviewable decision ins A2019-39 s 36\ndef shopping centre ins A2010-34 s 5\ndef shopping centre precinct ins A2010-34 s 5\ndef shopping trolley ins A2010-34 s 5\ndef vehicle ins A2019-39 s 36\ndef waste ins A2019-39 s 36\ndef waste collection service ins A2019-39 s 36\ndef waste facility ins A2019-39 s 36\n\nEndnotes\n5 Earlier republications\npage 74 Litter Act 2004\nEffective: 26/12/25\nR15\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n30 Sept 2004\n","sortOrder":60},{"sectionNumber":"30","sectionType":"section","heading":"Sept 2004–","content":"30 Sept 2004–\n27 Sept 2005\nnot amended new Act\nR2\n28 Sept 2005\n","sortOrder":61},{"sectionNumber":"28","sectionType":"section","heading":"Sept 2005–","content":"28 Sept 2005–\n10 July 2007\nA2005-50 amendments by\nA2005-50\nR3\n11 July 2007\n","sortOrder":62},{"sectionNumber":"11","sectionType":"section","heading":"July 2007–","content":"11 July 2007–\n1 Feb 2009\nA2007-16 amendments by\nA2007-16\nR4\n2 Feb 2009\n2 Feb 2009–\n16 Aug 2009\nA2008-37 amendments by\nA2008-37\nR5\n17 Aug 2009\n17 Aug 2009–\n16 Dec 2009\nA2009-1 amendments by\nA2009-1\nR6\n17 Dec 2009\n","sortOrder":63},{"sectionNumber":"17","sectionType":"section","heading":"Dec 2009–","content":"17 Dec 2009–\n1 Mar 2011\nA2009-49 amendments by\nA2009-49\nR7\n2 Mar 2011\n","sortOrder":64},{"sectionNumber":"2","sectionType":"section","heading":"Mar 2011–","content":"2 Mar 2011–\n30 June 2011\nA2010-34 amendments by\nA2010-34\nR8\n1 July 2011\n1 July 2011–\n11 Dec 2011\nA2011-22 amendments by\nA2011-22\nR9\n12 Dec 2011\n","sortOrder":65},{"sectionNumber":"12","sectionType":"section","heading":"Dec 2011–","content":"12 Dec 2011–\n4 June 2012\nA2011-52 amendments by\nA2011-52\nR10\n5 June 2012\n","sortOrder":66},{"sectionNumber":"5","sectionType":"section","heading":"June 2012–","content":"5 June 2012–\n14 Aug 2017\nA2012-21 amendments by\nA2012-21\nR11\n15 Aug 2017\n15 Aug 2017–\n31 Oct 2019\nA2017-21 amendments by\nA2017-21\nR12\n1 Nov 2019\n","sortOrder":67},{"sectionNumber":"1","sectionType":"section","heading":"Nov 2019–","content":"1 Nov 2019–\n14 Sept 2020\nA2019-39 amendments by\nA2019-39\n\nEndnotes\nEarlier republications 5\nR15\n26/12/25\nLitter Act 2004\nEffective: 26/12/25\npage 75\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR13\n15 Sept 2020\n","sortOrder":68},{"sectionNumber":"15","sectionType":"section","heading":"Sept 2020–","content":"15 Sept 2020–\n13 July 2023\nA2019-39 amendments by\nA2019-39\nR14\n14 July 2023\n","sortOrder":69},{"sectionNumber":"14","sectionType":"section","heading":"July 2023–","content":"14 July 2023–\n25 Dec 2025\nA2023-27 amendments by\nA2023-27\n© Australian Capital Territory 2025","sortOrder":70}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Since enactment the Act's scope has been expanded beyond basic anti‑litter rules to add strict‑liability dumping thresholds and graduated penalties (ss 9A, 9B, 9BA), commercial‑waste offences (ss 9C, 10), a detailed shopping‑trolley regime (pt 4A, ss 24C–24N), abandoned‑vehicle powers and disposal procedures (pt 4B, ss 24O–24S), and an amenity abatement framework with administrative notices and court orders (ss 24BA–24BH). The director‑general and authorised persons have widened operational powers to remove items and recover costs (ss 22, 24A–24B, 23), while Ministerial codes and regulation powers (ss 24ZA, 25, 27) allow further procedural and technical rules (including GPS‑tracked schemes). These additions increase compliance obligations on individuals, occupiers and retailers and shift some enforcement outcomes from discretionary one‑off actions to structured administrative processes."},"complexity_factors":["Multiple overlapping offence categories (littering, aggravated littering, dumping, commercial waste, vehicle/trolley offences) with differing penalties and mental‑fault rules (strict liability vs recklessness) increasing legal nuance.","Volume thresholds and level scheme for dumping (s 7A; ss 9A, 9B, 9BA) require factual measurement and evidential proof.","Broad enforcement powers and administrative discretions for authorised persons and the director‑general (appointment, identity, entry, directions, removal) (ss 14–19, 21–24A).","Cost‑recovery and debt mechanisms that make offenders or occupiers pay Territory expenses (ss 22–24B, 23, 24M), creating civil‑enforcement interactions.","Dedicated regimes with bespoke procedures and penalties for shopping trolleys (pt 4A, ss 24C–24N) and abandoned vehicles (pt 4B, ss 24O–24V).","Amenity‑impact abatement pathway with show‑cause notices, extensions, revocation, and court‑ordered abatement (ss 24BA–24BH) raising administrative‑law and proportionality issues.","Review and appeal architecture involving ACAT and Magistrates Court (pt 4C, ss 24W–24Z) introduces procedural steps and timelines.","Significant cross‑references to other statutes and instruments (Criminal Code evidential burdens, Road Transport Act definitions, Uncollected Goods Act, Waste Management Act, and delegated regulations/codes), increasing interpretive complexity.","Regulation‑making power for new categories (eg GPS‑tracked sharing schemes) and disallowable instruments (ss 24ZA, 25, 27) that can modify operational detail without primary‑law amendment."],"plain_english_summary":"*Litter Act 2004* makes it an offence to deposit, dump or aggravate litter (including abandoned vehicles, commercial waste and shopping trolleys), sets volume‑based penalties, and gives authorised officers and the director‑general powers to require removal, enter non‑residential premises, remove items and recover removal or disposal costs. \n\nFines and cost recovery fall on individuals, occupiers and retailers who fail to secure waste or trolleys; enforcement discretion, abatement notices, court orders, review routes and Ministerial codes/regulations (including rules for GPS‑tracked shared vehicles) determine compliance obligations."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"_metrics":{"completionTokens":1024},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act"},"complexity_factors":["Multiple overlapping offence categories with tiered penalties based on volume (3 levels: 1–10L, 10–200L, 200L+) and mental state (intentional, reckless, strict liability)","Extensive cross-referencing to other ACT laws: Criminal Code (general criminal responsibility), Road Transport (General) Act 1999 (vehicle definitions), Uncollected Goods Act 1996 (disposal procedures), Waste Management and Resource Recovery Act 2016, Discrimination Act 1991, and Magistrates Court Act 1930","Nested exceptions and defences: most offences have 4–7 exceptions (consent of occupier, accidental deposit with reasonable steps, proper receptacles, waste collection services, etc.)","Strict liability offences (no need to prove intent) mixed with fault-based offences, with evidential burdens shifting to defendants","Detailed procedural requirements for enforcement: identity cards, written notices with specific content, 24-hour/7-day/14-day time limits, show cause notices before abatement notices, ACAT review rights","Three distinct removal schemes with different triggers: (a) individual litter notices, (b) urgent Territory removal for safety/public interest, (c) shopping trolley collection days vs individual removal notices","Hoarding-specific provisions requiring mandatory codes of practice and multi-agency advisory groups","27 defined terms in dictionary, plus signpost definitions pointing to other Acts"],"plain_english_summary":"The Litter Act 2004 makes littering and illegal dumping unlawful across the ACT and gives authorised officers powers to enforce compliance, remove abandoned vehicles and trolleys, and issue abatement notices. It affects everyone—residents, visitors, businesses, retailers and property/vehicle owners—by allocating responsibilities and enforcement tools.\n\nIt matters because it protects public health, safety and amenity, reduces hazardous and unsightly dumping, resolves neighbourhood hoarding issues, and holds retailers accountable for stray shopping trolleys."}},"importantCases":[],"_links":{"self":"/api/acts/litter-act-2004","history":"/api/acts/litter-act-2004/history","analysis":"/api/acts/litter-act-2004/analysis","conflicts":"/api/acts/litter-act-2004/conflicts","importantCases":"/api/acts/litter-act-2004/important-cases","documents":"/api/acts/litter-act-2004/documents"}}