{"id":"tas:act-2009-014","name":"Litter Amendment Act 2009","slug":"litter-amendment-act-2009","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"14 of 2009","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176882,"registerId":"tas-tas:act-2009-014-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Litter Amendment Act 2009](/view/html/inforce/2026-04-12/act-2009-014) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This Act commences on the day on which this Act receives the Royal Assent.","sortOrder":2},{"sectionNumber":"Part 2","sectionType":"part","heading":"Litter Act 2007 Amended","content":"# Part 2 Litter Act 2007 Amended\n\n*\n\n**3.**   \n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Litter Act 2007](/view/html/inforce/2026-04-12/act-2007-038) .\n\n**\n\n**4.**   \n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Litter Act 2007](/view/html/inforce/2026-04-12/act-2007-038) .\n\n**\n\n**5.**   \n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Litter Act 2007](/view/html/inforce/2026-04-12/act-2007-038) .\n\n*","sortOrder":3},{"sectionNumber":"3.","sectionType":"section","heading":null,"content":"### 3.\n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Litter Act 2007](/view/html/inforce/2026-04-12/act-2007-038) .","sortOrder":4},{"sectionNumber":"4.","sectionType":"section","heading":null,"content":"### 4.\n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Litter Act 2007](/view/html/inforce/2026-04-12/act-2007-038) .","sortOrder":5},{"sectionNumber":"5.","sectionType":"section","heading":null,"content":"### 5.\n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Litter Act 2007](/view/html/inforce/2026-04-12/act-2007-038) .","sortOrder":6},{"sectionNumber":"Part 3","sectionType":"part","heading":"Litter (Infringement Notices) Regulations 2007 Amended","content":"# Part 3 Litter (Infringement Notices) Regulations 2007 Amended\n\n*\n\n**6.**   \n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Litter (Infringement Notices) Regulations 2007](/view/html/inforce/2026-04-12/sr-2007-125) .\n\n**\n\n**7.**   \n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Litter (Infringement Notices) Regulations 2007](/view/html/inforce/2026-04-12/sr-2007-125) .\n\n**\n\n**8.**   \n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Litter (Infringement Notices) Regulations 2007](/view/html/inforce/2026-04-12/sr-2007-125) .\n\n*","sortOrder":7},{"sectionNumber":"6.","sectionType":"section","heading":null,"content":"### 6.\n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Litter (Infringement Notices) Regulations 2007](/view/html/inforce/2026-04-12/sr-2007-125) .","sortOrder":8},{"sectionNumber":"7.","sectionType":"section","heading":null,"content":"### 7.\n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Litter (Infringement Notices) Regulations 2007](/view/html/inforce/2026-04-12/sr-2007-125) .","sortOrder":9},{"sectionNumber":"8.","sectionType":"section","heading":null,"content":"### 8.\n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Litter (Infringement Notices) Regulations 2007](/view/html/inforce/2026-04-12/sr-2007-125) .","sortOrder":10},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Removal of doubt relating to certain infringement notices","content":"### 9 Removal of doubt relating to certain infringement notices\n\n> > (1)  In this section –\n> > \n> > > ***former section 17 of the Principal Act*** means section 17 of the Principal Act as in force immediately before being substituted by [section 4](#GS4@EN) of this Act;\n> > \n> > > ***former section 28 of the Principal Act*** means section 28 of the Principal Act as in force immediately before being repealed by [section 5](#GS5@EN) of this Act;\n> > \n> > > ***registered operator*** has the same meaning as in the Principal Act;\n> > \n> > > ***substituted regulation 4*** means [regulation 4 of the](/view/html/inforce/2026-04-12/sr-2007-125#GS4@EN) [Litter (Infringement Notices) Regulations 2007](/view/html/inforce/2026-04-12/sr-2007-125) as substituted by [section 7](#GS7@EN) of this Act;\n> > \n> > > ***substituted section 17 of the Principal Act*** means section 17 of the Principal Act as substituted by [section 4](#GS4@EN) of this Act.\n> \n> > (2)  If an infringement notice was served on the registered operator of a motor vehicle or trailer under former section 17 of the Principal Act or former section 28 of the Principal Act, or both of those sections –\n> > \n> > > > (a) that infringement notice; and\n> > > \n> > > > (b) the service of that infringement notice; and\n> > > \n> > > > (c) a penalty paid in respect of that infringement notice; and\n> > > \n> > > > (d) a statutory declaration made in respect of that infringement notice; and\n> > > \n> > > > (e) any other act done or omitted to be done in respect of that infringement notice –\n> > \n> > are as valid as if substituted section 17 of the Principal Act and substituted regulation 4 were in force at all relevant times and the infringement notice had been served in accordance with substituted section 17.\n> \n> > (3)  If a court makes a finding before 26 February 2009, or under [subsection (4)](#GS9@Gs4@EN) , in relation to the validity of –\n> > \n> > > > (a) an infringement notice served on the registered operator of a motor vehicle or trailer under former section 17 of the Principal Act or former section 28 of the Principal Act, or both of those sections; or\n> > > \n> > > > (b) the service of such an infringement notice; or\n> > > \n> > > > (c) a penalty paid in respect of such an infringement notice; or\n> > > \n> > > > (d) a statutory declaration made in respect of such an infringement notice; or\n> > > \n> > > > (e) any other act done or omitted to be done in respect of such an infringement notice –\n> > \n> > that finding is not affected by the operation of [subsection (2)](#GS9@Gs2@EN) .\n> \n> > (4)  If before 26 February 2009 the validity of a matter referred to in [subsection (3)(a)](#GS9@Gs3@Hpa@EN) , [(b)](#GS9@Gs3@Hpb@EN) , [(c)](#GS9@Gs3@Hpc@EN) , [(d)](#GS9@Gs3@Hpd@EN) or [(e)](#GS9@Gs3@Hpe@EN) is in issue in proceedings before a court, [subsection (2)](#GS9@Gs2@EN) does not apply to those proceedings or their continuation and determination.","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Effect of this Act amending  Litter (Infringement Notices) Regulations 2007","content":"### 10 Effect of this Act amending  Litter (Infringement Notices) Regulations 2007\n\n> The substitution by this Act of [regulation 4 of the](/view/html/inforce/2026-04-12/sr-2007-125#GS4@EN) [Litter (Infringement Notices) Regulations 2007](/view/html/inforce/2026-04-12/sr-2007-125) does not prevent those regulations, that regulation or any other provision of those regulations from being amended, substituted or rescinded by a subsequent regulation.","sortOrder":13}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available text, there is no indication that the scope of this amendment act deviated from its original intent. It appears to be a straightforward amendment to Tasmania's existing litter legislation. However, the limited text available prevents a definitive assessment of whether any scope changes occurred during the legislative process."},"complexity_factors":["Amendment act rather than standalone legislation — requires cross-referencing the principal Litter Act to understand full effect","Very limited substantive text is visible in this document, making analysis difficult","Narrow subject matter (littering) keeps conceptual complexity low","Single jurisdiction (Tasmania) with no federal interplay apparent","No visible complex definitions, schedules, or multi-tiered regulatory frameworks"],"plain_english_summary":"The Litter Amendment Act 2009 (Tas.) modifies Tasmania’s Litter Act and has been in force since 9 June 2009. It alters how littering is regulated in the state, with implications for fines, what counts as litter, and enforcement powers.\n\nIt affects anyone who drops rubbish in public places, local councils that enforce litter rules, and businesses whose operations generate waste — with direct consequences for penalties and local environmental management."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act does not expand the criminal or civil offences under the Principal Act; it validates past enforcement steps and clarifies legal effect of certain infringement notices (s 9) and confirms that substituted regulation 4 can still be changed later (s 10). Its effect is remedial and clarificatory rather than broadening substantive scope."},"complexity_factors":["Retrospective validation of past administrative acts (s 9(2))","Temporal cutoff and exception for proceedings/decisions before 26 February 2009 (s 9(3)–(4))","Cross‑references to ‘former’ and ‘substituted’ provisions in the Principal Act and regulations (s 9 definitions)","Interaction with authorised consolidated versions of the Principal Act and regulations (Parts 2–3 notes)","Preservation of judicial findings, limiting the scope of retroactive validation (s 9(3))","Provision preserving ability to amend substituted regulation later (s 10)"],"plain_english_summary":"This Act retrospectively validates certain litter infringement notices issued to the registered operators of motor vehicles or trailers, treating those notices, their service, payments, statutory declarations and related acts as if the substituted section 17 and substituted regulation 4 had been in force. It preserves any court findings made before 26 February 2009 and excludes the validation for proceedings already begun before that date. Practically, registered operators, enforcement agencies and courts are affected: operators remain potentially liable, agencies gain legal certainty about past enforcement, and courts keep prior determinations."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: validating infringement notices issued under transitional provisions of the Litter Act 2007 and ensuring continuity of enforcement during a statutory amendment period. No scope creep detected."},"complexity_factors":["Minimal substantive content — sections 3-8 are placeholder references directing readers to consolidated versions of amended laws","Only 2 operative sections (9 and 10) with actual legal effect","Section 9 requires tracking four defined terms and cross-references between former, substituted and repealed provisions across multiple documents","Nested conditional logic in section 9(3)-(4) creating exceptions to the validation rule for pre-existing court findings and proceedings","Temporal cut-off date (26 February 2009) creating a boundary condition for application","Double amendment structure — amending both an Act and Regulations simultaneously"],"plain_english_summary":"**What this legislation does**\n\nThis Act makes technical amendments to Tasmania's litter laws, specifically the *Litter Act 2007* and the *Litter (Infringement Notices) Regulations 2007*. The actual changes to those laws have already been merged into the current versions of those documents — this Act mostly just points to where those updated versions can be found.\n\n**Who it affects**\n\n- **People who received littering fines** (infringement notices) for litter thrown from vehicles between late 2007 and early 2009\n- **Vehicle owners** who were sent fines because someone else littered from their car or trailer\n- **Courts** dealing with disputes over those specific fines\n\n**Why it matters**\n\nThe Act fixes a legal technicality. In early 2009, the rules changed about how littering fines could be issued to vehicle owners. This Act confirms that:\n\n- **Old fines are still valid** — even if they were issued under the old rules, they count as if they were issued under the new rules\n- **Court decisions made before 26 February 2009 stand** — if a court already ruled on whether a fine was valid, that ruling isn't overturned\n- **Ongoing court cases continue under old rules** — if someone was already challenging a fine in court before that date, their case proceeds as originally filed\n\nIn short, it prevents people from escaping littering fines by arguing the law changed underneath them."}},"importantCases":[],"_links":{"self":"/api/acts/litter-amendment-act-2009","history":"/api/acts/litter-amendment-act-2009/history","analysis":"/api/acts/litter-amendment-act-2009/analysis","conflicts":"/api/acts/litter-amendment-act-2009/conflicts","importantCases":"/api/acts/litter-amendment-act-2009/important-cases","documents":"/api/acts/litter-amendment-act-2009/documents"}}