ALICE SPRINGS (SHOPPING TROLLEY) BY-LAWS 2008

The by-laws define several key concepts. A shopping trolley means a vehicle used primarily for the carriage of goods by customers. This is a broad definition; it likely covers standard metal trolleys with wheels, baskets on wheels, and similar devices, but not hand baskets or bags. A retailer means a person who sells goods by retail and provides shopping trolleys to that person’s customers. The definition covers any business that supplies trolleys, including supermarkets, hardware stores, and other large retailers. Council land means any road, land or other asset owned by or under the care, custody and management of Council. This includes footpaths, roads, road reserves, parks, and any public land managed by the Alice Springs Town Council. It does not include private land, commercial car parks not owned by Council, or state government land. An authorised person is a person appointed by Council under section 112(1) of the Local Government Act 2008; these are likely Council enforcement officers or rangers. Claim, in relation to the actions of an owner of a shopping trolley, means to physically take possession of the trolley. This is a physical act, not a mere notification. The concept of impounding is not separately defined but involves seizure and detention by an authorised person or a contractor. The release fee is an amount determined by Council resolution, capped at a level that reasonably represents the costs of impounding, moving, keeping and releasing the trolley, including relevant overheads and indirect costs. This cost-recovery cap prevents the fee from being used as a revenue-raising tool, but it still allows Council to recover full administrative costs. A penalty unit is defined by reference to the Penalty Units Act 2009; as of 2024, the value of a penalty unit in the Northern Territory is $164, so 10 penalty units equals $1,640, 1 unit equals $164, and 2 units equals $328. However, the by-laws commenced in 2008 when the penalty unit value was lower; the amount escalates over time under the Penalty Units Act. The fixed penalties in the Schedule are 1 unit for abandonment and 2 units for failing to claim. An infringement notice is a notice under by-law 14 that allows an alleged offender to pay a fixed penalty in lieu of prosecution. The notice must contain specified information including the nature of the offence, date, time, place, fixed penalty amount, and a statement of election to go to court. The by-laws also create two distinct offences: illegal abandonment under by-law 6 (any person leaving a trolley on Council land outside a designated area) and failing to claim under by-law 11 (a person who owns a trolley listed in a monthly notice who fails to claim it within the stated period). Each trolley not claimed constitutes a separate offence. The by-laws do not define designated area, so Council must either designate areas by signage or other means, or no area is designated, making all Council land off-limits for trolley storage. This is a potential gap: without designated areas, the only lawful place for a trolley is inside the retailer’s premises or possibly a private car park.

The by-laws affect several distinct groups. Retailers who provide shopping trolleys are the primary targets. They own the trolleys and bear the risk of impoundment, release fees, loss of unclaimed trolleys, and fines for failing to claim. Even if a customer abandons a trolley, the retailer may end up paying the release fee to recover it. Retailers must monitor monthly notices from Council and arrange physical retrieval of impounded trolleys within the stated period. Failure to do so results in loss of property and a separate fine for each unclaimed trolley. Small retailers with limited trolley fleets are disproportionately affected because the compliance burden is fixed (processing notices, arranging pickup) while the value of each trolley may be relatively low. Customers are also directly affected: any person who leaves a trolley on Council land outside a designated area commits an offence. This includes shoppers who take trolleys home, abandon them on footpaths, or leave them in parks. The by-laws do not distinguish between the customer who abandons the trolley and the retailer who owns it; both could be liable for the same abandoned trolley. A customer could receive an infringement notice for abandonment even if the retailer later recovers the trolley. Council officers (authorised persons) and contractors have powers to seize and impound trolleys without a warrant and without prior notice to the owner. They can also issue infringement notices. Council itself must administer the monthly notice system, determine release fees by resolution, and manage impounded trolleys until they are claimed or disposed of. Council also bears the upfront cost of impounding and storing trolleys, though it can recoup these costs through release fees. Road users and pedestrians are the intended beneficiaries: fewer abandoned trolleys reduce hazards and improve visual amenity. However, the by-laws do not guarantee that Council will actively impound all trolleys; enforcement depends on Council resources and priorities. Property owners adjacent to Council land may also benefit if trolleys previously abandoned on their property are deterred, though the by-laws only apply to Council land. Owners of trolleys that are disposed of lose their property without compensation and have no legal recourse against Council under the immunity clause in by-law 12(2). This affects not only retailers but also any person who might own a trolley (such as a charity or a business that leases trolleys). The by-laws are silent on whether a retailer can recover an impounded trolley before the monthly notice; the text suggests that the retailer must wait for the notice before claiming, unless Council agrees otherwise.

The by-laws impose a clear duty on every person not to leave a shopping trolley on Council land except in an area designated for that purpose (by-law 6). This duty is absolute; there is no requirement of intent or knowledge. A person who breaches this duty commits an offence. There is no duty on retailers to prevent customers from taking trolleys off premises, but by-law 6 creates a de facto duty on retailers to ensure their trolleys are not left on Council land, because the retailer could be held as the person who provided the trolley and may be deemed to have left it if they fail to retrieve it. However, the offence wording targets “a person” who leaves the trolley, which is likely the customer who physically abandons it, not the retailer who owns it unless the retailer abandons it themselves. The duty to claim impounded trolleys falls on the owner (retailer) once Council serves notice. The period within which the trolley must be claimed is not specified in the by-laws; it is left to Council to state in each monthly notice. This creates uncertainty for retailers who cannot know in advance how long they have to respond. The retailer has the right to have the trolley released upon payment of the release fee (by-law 10). The release fee must not exceed reasonable costs as determined by Council resolution. There is no appeal mechanism if the fee is set higher than actual costs; the cap is a substantive limit but its enforcement relies on the retailer challenging the fee in court, which is unlikely to be economic for a small number of trolleys. Council has the right to impound trolleys left on Council land without any prior notice to the owner. Council has the right to serve infringement notices and to demand payment of fixed penalties. Council also has the right to dispose of unclaimed trolleys after the notice period expires, and to do so without any further obligation to the owner. The by-laws also grant Council, authorised persons and others acting under the by-laws a broad immunity from claims or actions by the owner of an impounded or disposed trolley (by-law 12(2)). This immunity covers claims for conversion, trespass to goods, or any other cause of action arising from impounding, keeping or disposing of the trolley. The only apparent limit is that the impounding must be in accordance with the by-laws; if Council acts outside the by-laws (e.g., impounding a trolley on private land or outside the municipality), the immunity may not apply. Alleged offenders have the right to elect to have their matter dealt with by a court instead of paying an infringement notice (by-law 14(3)(c)). This election must be served on Council within 14 days of the infringement notice, or before a courtesy letter is served, or before the due date in a courtesy letter. The right to a court hearing preserves procedural fairness, but the process is cumbersome for minor offences. Retailers have no statutory right to be notified before trolleys are impounded; notification only occurs after the fact, on the first business day of the following month. This means a retailer may not know their trolley has been seized until weeks later, increasing the risk of loss if the claim period is short.

The by-laws establish a tiered enforcement system. The maximum penalty for any offence under the by-laws is 10 penalty units (by-law 13). As of the current value of a penalty unit (approximately $164), this equates to a maximum court-imposed fine of $1,640. The court has discretion to impose a lower amount. In addition, the by-laws provide an infringement notice alternative. The Schedule sets fixed penalties of 1 penalty unit for abandonment of a shopping trolley (by-law 6(2)) and 2 penalty units for failing to claim a shopping trolley (by-law 11(1)). This means a retailer who fails to claim ten unclaimed trolleys could face ten separate fines of 2 penalty units each, totalling 20 penalty units ($3,280), plus the loss of the trolleys. The infringement notice must be served on the alleged offender by an authorised person. The notice must contain specified information: name of offender, nature of offence, date, time, place, fixed penalty amount, and the period (14 days) and place for payment. The notice must also include statements explaining the consequences of non-payment and the right to elect to go to court. If the fixed penalty is paid within 14 days, Council takes no further action. If the alleged offender does not pay and does not elect court within 14 days, the Fines and Penalties (Recovery) Act 2001 applies. Council may then serve a courtesy letter requiring payment of the fixed penalty plus costs. If payment is still not made, enforcement action may include suspension of the alleged offender’s driver licence, seizure of property, deduction of wages or salary, registration of a statutory charge on land, a community work order, or imprisonment if a community work order is breached. These are severe potential consequences for a relatively minor regulatory offence involving a shopping trolley. The by-laws do not require Council to prove any harm or mens rea; the offences are strict liability. There is no defence of reasonable mistake or due diligence, though general criminal defences would still apply. The immunity clause in by-law 12(2) also effectively bars an owner from recovering damages if Council mistakenly impounds a trolley that was not abandoned (for example, a trolley temporarily left while a customer retrieves their car from a private car park that happens to be Council land). The only remedy for an alleged offender is to challenge the infringement notice in court, which carries its own costs and risks. Enforcement depends on Council resources. The by-laws do not require Council to impound every abandoned trolley; they merely grant the power. Selective enforcement could lead to arbitrary outcomes. The monthly notice requirement applies only to “each retailer that owns at least one shopping trolley impounded under By-law 7 in the preceding month”. If Council impounds trolleys but fails to send a notice, the retailer cannot be prosecuted for failing to claim, but the trolley could still be disposed of because the by-law does not condition disposal on the notice being served. By-law 12(1) allows disposal of any impounded trolley not claimed within the time stated in the notice referred to in by-law 8. If no notice is served, arguably the time stated cannot be known, and disposal would be invalid. However, a retailer may find it difficult to prove non-service.

The by-laws are made under Part 13.1 of the Local Government Act 2008 (NT). That Act grants local councils power to make by-laws for the good rule and government of the municipality. The by-laws do not replace or override any other Northern Territory law. Abandoning a shopping trolley could also constitute an offence under the Litter Act 2007 (NT) or the Environment Protection Act 2019 (NT), but those laws are not referenced in the by-laws. The by-laws operate concurrently: a person could theoretically be prosecuted under both the by-laws and state litter laws for the same act, though double jeopardy principles would likely prevent two penalties for the same conduct. The by-laws incorporate the Penalty Units Act 2009 for the definition of penalty unit. Although the by-laws commenced in 2008 (before the Penalty Units Act 2009 was enacted), the endnotes show that formal amendments have updated the reference. The value of a penalty unit changes over time under that Act, so the real value of fines can increase without further amendment to the by-laws. The infringement notice process is governed by the Fines and Penalties (Recovery) Act 2001 and its regulations. That Act provides the enforcement machinery for unpaid infringement notices, including the escalation to courtesy letters and enforcement actions like licence suspension and property seizure. The by-laws also preserve the right of an alleged offender to elect to be dealt with by a court under section 21 of that Act. The by-laws do not interact with any common law property rights in a way that favours the owner. The immunity clause (by-law 12(2)) expressly excludes any claim or action against Council, an authorised person, or a person contracted by Council for actions taken under the by-laws. This would prevent a tort claim for conversion or detinue even if Council mistakenly impounds or disposes of a trolley that was not abandoned. The only potential avenue for an owner would be to argue that Council acted outside the by-laws (e.g., impounding a trolley on private land), but the burden would be on the owner to prove that. The by-laws do not interact with any federal competition or consumer laws; they do not impose any restrictions on who may provide trolleys or how retailers design their systems. The by-laws are specific to the Alice Springs municipality; they do not apply in other Northern Territory local government areas, each of which may have its own trolley by-laws or may have none. For retailers operating across multiple council areas, this creates a patchwork of compliance obligations.

The Alice Springs (Shopping Trolley) By-laws 2008 were made by resolution of the Alice Springs Town Council on 30 June 2008 and were notified in the Northern Territory Government Gazette on 1 October 2008, commencing on that date. The by-laws were originally enabled under Part 13.1 of the Local Government Act 2008 (NT). The text available shows the by-laws as in force at 1 October 2008. The endnotes indicate that only general amendments of a formal nature have been made, by the Interpretation Legislation Amendment Act 2018 (Act No. 22 of 2018). These amendments updated references to citation and definitions in by-laws 1, 3, 5 and 14 to conform with current legislative drafting standards. No substantive amendments have been made to the offences, penalties, fee structure, impounding powers, or disposal provisions since the by-laws came into force. The by-laws have remained unchanged in substance for over fifteen years. The penalty unit reference has been updated by formal amendment to refer to the Penalty Units Act 2009, which replaced an earlier definition. The infringement notice provisions were also updated to reflect current drafting standards. The fixed penalties in the Schedule (1 unit and 2 units) were set in 2008 and have not been adjusted by amendment, though the dollar value increases as the penalty unit value rises under the Penalty Units Act. No review of the by-laws is mandated by the text, and no sunset or expiry clause is included. The by-laws remain in force indefinitely unless repealed or replaced by Council.

The source text provides no litigation history whatsoever. There are no references to any judicial decisions in the by-laws themselves, the endnotes, or any schedule. It is not possible to ascertain from this source whether the by-laws have ever been challenged in court, whether they have been enforced against a particular retailer or individual, or whether any court has interpreted the provisions regarding the release fee cap, the immunity clause, or the notice requirements. The absence of litigation history in the source does not prove that no litigation has occurred, but it means no cases are reported or referenced in the by-laws material. Given the relatively low value of the penalties and the cost of litigation, it is plausible that most disputes have been resolved through payment of infringement notices or by retailers simply paying release fees and reclaiming trolleys. The immunity clause in by-law 12(2) may have deterred owners from suing Council even if they believed their trolleys were wrongly impounded. The strict liability nature of the offences and the clear wording of the by-laws make successful challenges difficult. A retailer arguing that the release fee exceeded reasonable costs would need to lead evidence of Council’s actual costs, which is costly for a small number of trolleys. There is no reported decision on whether the by-laws are validly made under the Local Government Act 2008, but no challenge has been noted. The by-laws have been in force since 2008 without reported amendment, suggesting they have been accepted by the local retail community, or that any objections were dealt with administratively rather than through litigation. The source does not indicate any constitutional challenges or issues under the Northern Territory’s self-government legislation. This lack of litigation history means that many of the by-laws’ provisions have not been judicially tested, leaving open questions such as what constitutes a “designated area”, what happens if Council fails to serve a monthly notice, and whether the immunity clause could be read down if Council acted in bad faith.

Several aspects of the by-laws could trap the unwary. First, the offence of abandonment applies to any person, not just the retailer. A customer who takes a shopping trolley home and leaves it on the footpath is liable for a penalty of up to 10 penalty units (or 1 penalty unit via infringement notice). Many shoppers would not expect to face a fine for taking a trolley off the retail premises. Second, the offence is strict liability; there is no requirement to prove intent. A person who leaves a trolley on Council land for just a few minutes while loading a car could technically commit the offence if no designated area exists. Third, the release fee is capped at reasonable costs, but Council sets the fee by resolution and there is no independent review. A retailer faced with a high fee for a low-value trolley may decide to abandon it, effectively forfeiting the trolley. Fourth, the monthly notice requirement in by-law 8 uses the phrase “each retailer that owns at least one shopping trolley impounded under By-law 7 in the preceding month”. If Council impounds trolleys from a retailer but fails to serve the notice, the retailer may not know the trolleys are impounded. The by-laws do not require Council to make reasonable efforts to locate the owner before impounding. Fifth, failing to claim each trolley within the stated period constitutes a separate offence. A retailer with ten impounded trolleys who fails to claim any of them faces ten separate fines, each of 2 penalty units, plus the loss of the trolleys. The cumulative penalty can be substantial. Sixth, the disposal provision (by-law 12) does not require Council to give any further notice after the initial monthly notice; once the claim period expires, Council can destroy or sell the trolleys without contacting the owner again. Seventh, the immunity clause in by-law 12(2) is extremely broad: “No claim or action by the owner of a shopping trolley impounded under By-law 7 or disposed of under clause (1) of this By-law may lie against Council, an authorised person or other person acting in accordance with those By-laws.” This could protect Council even if it impounds a trolley that was not abandoned (e.g., a trolley temporarily left in a designated area or on a private car park incorrectly thought to be Council land). Eighth, the by-laws do not define designated area. If Council designates no areas, then all Council land is off-limits, and any trolley left outside the retailer’s immediate premises is abandoned. Ninth, the infringement notice process can escalate to imprisonment for non-payment of a fine for a shopping trolley offence. The statement in the infringement notice must warn that enforcement action may include “suspension of the alleged offender’s licence to drive, the seizure of property, the deduction of wages or salary, the registration of a statutory charge on land, a community work order or imprisonment if a community work order is breached.” This is a heavy consequence for what is essentially a littering offence. Tenth, the by-laws apply only to Council land. Trolleys abandoned on private land (e.g., a neighbour’s yard, a commercial car park not owned by Council) are not covered. Retailers still need to retrieve those trolleys, but Council has no power to impound them. The by-laws may therefore create a perverse incentive for people to push trolleys onto private land to avoid Council enforcement.

Compliance obligations fall primarily on retailers who provide shopping trolleys and on any individual who uses a trolley. For retailers, the first step is to understand that they are the owners of the trolleys and will be notified monthly of any impounded trolleys bearing their identification. Retailers should ensure that any trolley they own is clearly marked with their business name or logo so Council can identify the owner. If Council cannot identify the owner, it may still impound and dispose of the trolley, but cannot serve the monthly notice, so the owner may not even know the trolley was taken. Retailers should designate an area on their own premises (or on private land they control) for trolley storage after customer use. Simply leaving trolleys on the footpath outside the store is likely illegal under by-law 6 if that footpath is Council land, unless Council has specifically designated that area. Retailers should also consider physical measures to keep trolleys on site: coin-operated mechanisms that require a deposit, electronic wheel-locking systems that activate beyond a certain perimeter, or on-site trolley corrals with gates. The by-laws do not mandate any such measures, but they reduce the risk of abandonment. In the event of impoundment, retailers must monitor the monthly notices from Council. The by-laws imply that Council will serve the notice on the first business day of each month, but retailers should proactively contact Council to confirm the process and ensure Council has correct contact details. Upon receiving a notice, the retailer must act quickly to claim the trolleys within the stated period (which is not fixed by the by-laws and could be as short as Council decides). Claiming requires physically taking possession of the trolleys from Council’s impound yard. Payment of the release fee (if any) must be made before release. Retailers should budget for release fees as a regular operating cost. If the release fee seems excessive, the retailer may negotiate with Council or consider legal action, but given the cost cap is based on Council’s internal cost calculations, this may be difficult. Retailers should not ignore notices; failure to claim results in loss of property and a fine per trolley. For individuals (customers), compliance is straightforward: never leave a shopping trolley on any road, footpath, park, or other Council land. The only lawful place to leave a trolley is inside the retail premises or in an area specifically designated by Council for trolley return. If no designated area exists on Council land, the trolley must be returned inside the store. Individuals should not take trolleys beyond the retailer’s property. The risk of a fine is real even for a brief abandonment. For Council itself, compliance involves establishing a practical system for impounding, storing, and tracking trolleys. Council must pass a resolution setting the release fee, ensuring it does not exceed reasonable costs. Council must prepare and serve monthly notices on retailers. Council should maintain accurate records of which trolleys are impounded, when notices are served, and when trolleys are claimed or disposed of. Council must also ensure that authorised persons and contractors are properly appointed and briefed on their powers. Council should consider designating specific areas on Council land where trolleys may be left (e.g., near shopping centres) to avoid penalising customers who return trolleys to designated corrals. Without such designation, every trolley left on Council land outside the store is technically abandoned. Finally, all parties should be aware that the by-laws have been in force since 2008 and are unlikely to be challenged. The practical cost of non-compliance can exceed the fines: loss of trolleys, inconvenience, and possible customer deterrent if trolleys are not available. Proactive compliance reduces these risks.