118Written statement

118 Written statement (1) A person specified in section 116(2) is not taken to have committed an offence against section 115(1), (2), (3) or (4) if the person provides a written statement in accordance with this section to— (a) a litter enforcement officer; or (b) the litter authority that appointed the litter enforcement officer referred to in paragraph (a). (2) A written statement under subsection (1) must— (a) be in a form approved by the Authority; and (b) state that the person specified in section 116(2) did not deposit the waste and either— (i) saw another person deposit the waste; or (ii) did not see who deposited the waste but reasonably believes that another person was in or near the vehicle at the time the waste was deposited; and (c) contain sufficient information to identify and locate the person referred to in paragraph (b)(i) or (ii); and (d) be provided within 10 business days of the person being issued with an infringement notice or served with a charge-sheet. (3) If a person specified in section 116(2) is not a natural person, the person must provide to a litter enforcement officer a written statement that is made by another person who was driving the vehicle at the time of the offence. (4) A written statement that complies with this section is admissible as evidence of the matters stated in it in any proceedings. Division 4—Removal of waste and objects or things S. 119 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).