NORTHERN TERRITORY OF AUSTRALIA
ALICE SPRINGS (SHOPPING TROLLEY BY-LAWS 2008
As in force at 1 October 2008
Table of provisions
1 Citation ............................................................................................ 1
2 Purpose ........................................................................................... 1
3 Enactment and commencement ...................................................... 1
4 Application ....................................................................................... 1
5 Definitions ........................................................................................ 1
6 Illegal abandonment ........................................................................ 2
7 Impounding ...................................................................................... 2
8 Notice to retailer .............................................................................. 2
9 Release fee ..................................................................................... 3
10 Release to owner............................................................................. 3
11 Failing to claim................................................................................. 3
12 Disposal by Council ......................................................................... 3
13 Penalties .......................................................................................... 3
14 Infringement notices ........................................................................ 4
Schedule
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 1 October 2008
ALICE SPRINGS (SHOPPING TROLLEY) BY-LAWS 2008
By-laws under the Local Government Act 2019
1 Citation
These By-laws may be cited as the Alice Springs (Shopping
Trolley) By-laws 2008.
2 Purpose
The purpose of these By-laws is to deter the abandonment of
shopping trolleys so as to provide for the safety of road users and
pedestrians and preserve the visual amenity of the municipality.
3 Enactment and commencement
(1) These by-laws were made by resolution of the Alice Springs Town
Council on the 30th day of June 2008 pursuant to Part 13.1 of the
Local Government Act 2008.
(2) These by-laws have force and effect from the 1st day of
August 2008 or the date that they are notified in the Gazette
whichever is later.
4 Application
These By-laws apply to the whole of the municipality.
5 Definitions
In these By-laws:
authorised person means a person appointed by Council under
section 112(1) of the Local Government Act 2008.
claim, in relation to the actions of an owner of a shopping trolley,
means to physically take possession of a shopping trolley.
Council means the Alice Springs Town Council.
Alice Springs (Shopping Trolley) By-laws 2008 2
Council land means any road, land or other asset which is owned
by or under the care, custody and management of Council.
infringement notice means a notice under By-law 14.
municipality means the Municipality of Alice Springs.
penalty unit, see Penalty Units Act 2009.
person includes a corporation and any other body corporate.
retailer means a person who sells goods by retail and provides
shopping trolleys to that person's customers.
road includes a road reserve; and
shopping trolley means a vehicle used primarily for the carriage of
goods by customers.
6 Illegal abandonment
(1) A person must not leave a shopping trolley on or in Council land
except in an area designated for that purpose.
(2) A person who contravenes clause (1) is guilty of an offence.
7 Impounding
Where a shopping trolley has been left on or in Council land in
contravention of By-law 6, either:
(a) an authorised person; or
(b) any other person contracted by Council for this purpose
may seize and impound the shopping trolley.
8 Notice to retailer
(1) On the first business day of each month or as soon as possible
thereafter Council must serve on each retailer that owns at least
one shopping trolley impounded under By-law 7 in the preceding
month a notice listing the shopping trolleys that have been so
impounded.
(2) The notice referred to in clause (1) must state:
(a) the period within which the shopping trolleys listed must be
claimed;
Alice Springs (Shopping Trolley) By-laws 2008 3
(b) that it is an offence not to claim a shopping trolley so
impounded within the period stated in the notice; and
(c) that the shopping trolleys listed may be disposed of by Council
after the period stated in the notice.
9 Release fee
(1) Council may by resolution determine a fee for the release of any
shopping trolley impounded under By-law 7.
(2) The release fee referred to in clause (1) must not exceed an
amount that reasonably represents the cost to Council of
impounding, moving, keeping and releasing the shopping trolley
including any relevant overheads and indirect costs.
10 Release to owner
Council must release a shopping trolley impounded under By-law 7
to its owner on payment of any release fee determined under
By-law 9.
11 Failing to claim
(1) A person who fails to claim any shopping trolley listed in a notice
served on that person under By-law 8 within the stated period is
guilty of an offence
(2) To avoid doubt, a failure to claim each of the shopping trolleys
within the stated period constitutes a separate offence under
clause (1).
12 Disposal by Council
(1) Any impounded shopping trolley not claimed within the time stated
in the notice referred to in By-law 8 may thereafter be disposed of
by Council.
(2) 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.
13 Penalties
A person who is guilty of an offence against these By-laws is liable
to a penalty not exceeding 10 penalty units.
Alice Springs (Shopping Trolley) By-laws 2008 4
14 Infringement notices
(1) Despite by-law 13, as an alternative to prosecution, a person who is
alleged to have contravened or failed to comply with a by-law
specified in column 1 of the Schedule may be served with an
infringement notice under which the person may pay to the Council
a sum (in this By-law 14, a fixed penalty) in lieu of the penalty by
which the infringement of that By-law is otherwise punishable.
(2) For the purposes of this By-law 14:
(a) the sum specified in column 3 of the Schedule is the fixed
penalty payable under an infringement notice for an
infringement of the By-law specified opposite in column 1, and
generally described opposite in column 2, of the Schedule;
(b) an infringement notice is to be in a determined form and
include:
(i) the name of the alleged offender;
(ii) in general terms, the nature of the offence alleged to
have been committed;
(iii) the date, time and place of the alleged offence;
(iv) the amount of the fixed penalty; and
(c) the period within which, and the place where, the fixed penalty
may be paid.
(d) an infringement notice may be issued and served by an
authorised person; and
(e) the fixed penalty specified in an infringement notice is to be
paid to Council within 14 days of the date on which the
infringement notice is served on the alleged offender.
(3) An infringement notice is to also contain the statements to the
effect:
(a) that the alleged offender may expiate the offence and avoid
enforcement action under the Fines and Penalties (Recovery)
Act 2001 (in this By-law 14, the Act) if he or she pays the
fixed penalty to Council within 14 days of service of the
infringement notice;
(b) that if the alleged offender pays the fixed penalty within the
period specified in the infringement notice, Council will take no
further action in relation to the offence;
Alice Springs (Shopping Trolley) By-laws 2008 5
(c) that the alleged offender may, if he or she so wishes, be dealt
with a court of competent jurisdiction by electing under
section 21 of the Act to have the matter dealt with by a court
instead of under that Act by completing a statement of election
and serving it on Council:
(i) at any time before a courtesy letter under the Act is
served on the alleged offender; or
(ii) if a courtesy letter is served on the alleged offender,
before the due date specified in that letter;
(d) that if the alleged offender does not pay the fixed penalty
within the period specified in the infringement notice and does
not within that period serve on Council a statement of election
under the Act:
(i) the Act will apply and the alleged offender may be
served with a courtesy letter in accordance with that Act
requiring payment of the fixed penalty together with the
costs in respect of the issue of that letter; and
(ii) if the alleged offender does not make the payment as
required by a courtesy letter, enforcement action may be
taken against him or her under the Act which, after due
process, may result in the 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;
(4) An infringement notice is to also contain a statement of election
under the Act that includes the information required by
regulation 7(1) of the Fines and Penalties (Recovery)
Regulations 2001.
(5) A fixed penalty may be expressed by way of penalty units including
fractions of a penalty unit.
These by-laws were made by special resolution of the Alice Springs
Town Council at its Ordinary meeting on the 30th day of June 2008.
Rex Roger Money
CHIEF EXECUTIVE OFFICER
Schedule
Alice Springs (Shopping Trolley) By-laws 2008 6
Schedule
By-law 13(1)
and (2)(a)
FIXED PENALTIES
Column1
By-law
Column 2
General Description of Offence
Column 3
Penalty units
6(2) Abandonment of shopping trolley 1
11(1) Failing to claim shopping trolley 2
ENDNOTES
Alice Springs (Shopping Trolley) By-laws 2008 7
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Alice Springs (Shopping Trolley) By-laws 2008 (SL No. 22, 2008)
Notified 1 October 2008
Commenced 1 October 2008
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22 of 2018) to: bl 1, 3, 5 and14.