Litter Act 2004

Part 1 Preliminary 1 Name of Act This Act is the Litter Act 2004. 3 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere. For example, the signpost definition ‘road related area—see the Road Transport (General) Act 1999, dictionary.’ means that the term ‘road related area’ is defined in that dictionary and the definition applies to this Act. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). 4 Notes A note included in this Act is explanatory and is not part of this Act. Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Preliminary Part 1 Section 5 R15 26/12/25 Litter Act 2004 Effective: 26/12/25 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5 Offences against Act—application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2 Objects and key concepts Section 6 page 4 Litter Act 2004 Effective: 26/12/25 R15 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

Part 2 Objects and key concepts

6 Objects of Act (1) The objects of this Act are— (a) to protect and enhance the natural and built environment and amenity of the ACT, including the wellbeing of its people; and (b) to reduce the economic and health impact of littering and illegal dumping. (2) This Act aims to achieve its objects by— (a) reducing and preventing littering and illegal dumping; and (b) regulating the depositing of litter, or other material that may become litter; and (c) facilitating the removal of litter.

7 Meaning of litter In this Act: litter includes any solid or liquid waste, whether domestic or commercial, and also includes— (a) any glass, metal, cigarette butt, plastic, paper, fabric, wood, food, abandoned vehicle and vehicle part, construction or demolition material, garden remnants and clippings, soil, sand or rocks; and Example—abandoned vehicle dockless bicycle

Objects and key concepts Part 2 Section 7A R15 26/12/25 Litter Act 2004 Effective: 26/12/25 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) any material, substance or thing deposited at a place if its size, shape, nature or volume makes the place untidy or adversely affects the proper use of the place. Example—untidy or adversely affects proper use of place large pile of soil or rocks left on side of road or in school playground for no purpose

7A Reference to level of litter For this Act, a reference to litter at a level mentioned in an item in table 7A, column 2, is a reference to the volume of litter mentioned in the item, column 3. Table 7A column 1 item column 2 level column 3 volume of litter (L) 1 level 1 1L or more but less than 10L 2 level 2 10L or more but less than 200L 3 level 3 200L or more

Part 3 Offences Section 8 page 6 Litter Act 2004 Effective: 26/12/25 R15 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Offences

8 Littering (1) A person must not deposit litter at a public place or an open private place. Maximum penalty: 10 penalty units. Examples 1 dropping a lolly wrapper onto a footpath 2 leaving food packaging in a private car park (2) A person commits an offence if— (a) the person deposits litter at a public place or an open private place; and (b) the litter escapes, or is likely to escape— (i) from the public place into or onto another public place or an open private place; or (ii) from the open private place into or onto a public place or another open private place. Maximum penalty: 10 penalty units. Examples 1 unsolicited advertising material, brochures or newspapers left falling out of a letterbox or in a front yard that are likely to be windblown onto a public park 2 building waste kept unsecured on a building site that is likely to be windblown offsite Note Escape is defined in the dictionary. (3) A person commits an offence if— (a) the person deposits litter in a public place in a receptacle provided for litter; and

Offences Part 3 Section 8 R15 26/12/25 Litter Act 2004 Effective: 26/12/25 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) the litter is not of the size, shape, nature or volume for which the receptacle is provided. Maximum penalty: 10 penalty units. Example placing commercial or household waste in a bin provided for general public waste (4) Subsection (1) does not apply to the depositing of litter at a place with the consent of the occupier of the place. (5) Subsection (2) does not apply to the depositing of litter at a place with the consent of the occupier of the place only if the litter is unlikely to escape. (6) Subsections (1) and (2) do not apply to— (a) the placing of a receptacle containing litter at a public place for the litter to be removed by a waste collection service; or (b) the depositing of litter at a public place or an open private place in a receptacle that is— (i) provided or designed to be used for litter; and (ii) appropriate for litter of that size, shape, nature and volume; or (c) the depositing of litter in accordance with an invitation from a public servant in the exercise of the public servant’s functions; or (d) the depositing of litter at a public landfill or waste facility in accordance with the requirements for depositing litter at the landfill or facility. (7) Subsections (1) to (3) do not apply if the depositing of the litter is accidental and the person takes all reasonable steps to retrieve the litter. Note The defendant has an evidential burden in relation to the matters mentioned in s (4) to s (7) (see Criminal Code, s 58).

Part 3 Offences Section 9 page 8 Litter Act 2004 Effective: 26/12/25 R15 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (8) An offence against this section is a strict liability offence.

9 Aggravated littering (1) A person commits an offence if— (a) the person deposits litter at a public place; and (b) the nature of the litter or the way the litter is deposited is likely to injure a person or animal, or to damage property. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. (2) A person commits an offence if— (a) the person deposits litter at a public place; and (b) the litter is any of the following: (i) a cigarette or cigarette butt whether lit or unlit; (ii) a match or similar item whether lit or unlit; (iii) a syringe. Maximum penalty: 50 penalty units. (3) Subsections (1) and (2) do not apply if the depositing of the litter is accidental and the person takes all reasonable steps to retrieve the litter. (4) Subsection (2) does not apply to— (a) the depositing of the litter in a public place in a receptacle that is— (i) provided or designed to be used for litter; and (ii) appropriate for litter of that size, shape, nature and volume; or Example depositing a syringe in a sharps container

Offences Part 3 Section 9A R15 26/12/25 Litter Act 2004 Effective: 26/12/25 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) the depositing of litter in accordance with an invitation from a public servant in the exercise of the public servant’s functions; or (c) for litter mentioned in subsection (2) (b) (i) or (ii)— (i) the placing of a receptacle containing litter at a public place for the litter to be removed by a waste collection service; or (ii) the depositing of litter at a public landfill or waste facility in accordance with the requirements for depositing litter at the landfill or facility. Note The defendant has an evidential burden in relation to the matters mentioned in s (3) and s (4) (see Criminal Code, s 58). (5) An offence against subsection (2) is a strict liability offence. (6) In this section: syringe means a hypodermic syringe and includes— (a) anything designed for use, or intended to be used, as part of a hypodermic syringe; and (b) a needle designed for use, or intended to be used, in relation to a hypodermic syringe.

9A Dumping litter (1) A person commits an offence if— (a) the person dumps litter at a public place or an open private place; and (b) the volume of litter is 200L or more but less than 1 000L. Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

Part 3 Offences Section 9A page 10 Litter Act 2004 Effective: 26/12/25 R15 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) A person commits an offence if— (a) the person dumps litter at a public place or an open private place; and (b) the volume of litter is 1 000L or more. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. (3) A person commits an offence if— (a) the person dumps litter at a public place or an open private place; and (b) the volume of litter is 200L or more but less than 1 000L; and (c) the person is reckless about whether the litter, or part of the litter, escapes, or is likely to escape— (i) from the public place into or onto another public place or an open private place; or (ii) from the open private place into or onto a public place or another open private place. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (4) A person commits an offence if— (a) the person dumps litter at a public place or an open private place; and (b) the volume of litter is 1 000L or more; and (c) the person is reckless about whether the litter, or part of the litter, escapes, or is likely to escape— (i) from the public place into or onto another public place or an open private place; or

Offences Part 3 Section 9A R15 26/12/25 Litter Act 2004 Effective: 26/12/25 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) from the open private place into or onto a public place or another open private place. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. (5) Subsections (1) and (2) do not apply to the dumping of litter at a place with the consent of the occupier of the place. (6) Subsections (3) and (4) do not apply to the dumping of litter at a place with the consent of the occupier of the place only if the litter is unlikely to escape. (7) Subsections (1) to (4) do not apply to— (a) the placing of a receptacle containing litter at a public place for the litter to be removed by a waste collection service; or (b) the dumping of litter at a public place or an open private place in a receptacle that is— (i) provided or designed to be used for litter; and (ii) appropriate for litter of that size, shape, nature and volume; or (c) the dumping of litter in accordance with an invitation from a public servant in the exercise of the public servant’s functions; or (d) the dumping of litter at a public landfill or waste facility in accordance with the requirements for dumping litter at the landfill or facility. (8) Subsections (1) to (4) do not apply if the dumping of the litter is accidental and the person takes all reasonable steps to retrieve the litter. Note The defendant has an evidential burden in relation to the matters mentioned in s (4) to s (7) (see Criminal Code, s 58). (9) Strict liability applies to subsections (1) (b), (2) (b), (3) (b) and (4) (b).

Part 3 Offences Section 9B page 12 Litter Act 2004 Effective: 26/12/25 R15 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

9B Dumping litter—strict liability (1) A person commits an offence if— (a) the person dumps litter at a public place or an open private place; and (b) the volume of litter is at a level mentioned in an item in table 7A, column 2. (2) A person commits an offence if— (a) the person dumps litter at a public place or an open private place; and (b) the volume of litter is at a level mentioned in an item in table 7A, column 2; and (c) the litter, or part of the litter, escapes, or is likely to escape— (i) from the public place into or onto another public place or an open private place; or (ii) from the open private place into or onto a public place or another open private place. (3) For an offence against subsections (1) and (2), a penalty in accordance with section 9BA applies. (4) Subsection (1) does not apply to the dumping of litter at a place with the consent of the occupier of the place. (5) Subsection (2) does not apply to the dumping of litter at a place with the consent of the occupier of the place only if the litter is unlikely to escape. (6) Subsections (1) and (2) do not apply to— (a) the placing of a receptacle containing litter at a public place for the litter to be removed by a waste collection service; or

Offences Part 3 Section 9B R15 26/12/25 Litter Act 2004 Effective: 26/12/25 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) the dumping of litter at a public place or an open private place in a receptacle that is— (i) provided or designed to be used for litter; and (ii) appropriate for litter of that size, shape, nature and volume; or (c) the dumping of litter in accordance with an invitation from a public servant in the exercise of the public servant’s functions; or (d) the dumping of litter at a public landfill or waste facility in accordance with the requirements for dumping litter at the landfill or facility. (7) Subsections (1) and (2) do not apply if the dumping of the litter is accidental and the person takes all reasonable steps to retrieve the litter. Note The defendant has an evidential burden in relation to the matters mentioned in s (4) to s (7) (see Criminal Code, s 58). (8) An offence against this section is a strict liability offence.

Part 3 Offences Section 9BA page 14 Litter Act 2004 Effective: 26/12/25 R15 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 9BA Dumping litter—penalties for s 9B offences If a person commits an offence against section 9B (1) or (2) and the volume of litter was at a level stated in column 2 of an item of table 9BA, the offence is punishable by the maximum penalty stated in column 3 of that item. Table 9BA column 1 item column 2 level column 3 maximum penalty (penalty units) 1 level 1 20 2 level 2 35 3 level 3 50

9C Commercial waste (1) A person commits an offence if the person deposits commercial waste at a public place. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. (2) An occupier of commercial, industrial or business premises commits an offence if the occupier fails to take reasonable steps to prevent litter from the premises being deposited at a public place. Maximum penalty: 100 penalty units.

10 Commercial waste—strict liability (1) A person commits an offence if the person deposits commercial waste at a public place. Maximum penalty: 50 penalty units.

Offences Part 3 Section 11 R15 26/12/25 Litter Act 2004 Effective: 26/12/25 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) An occupier of commercial, industrial or business premises commits an offence if the occupier fails to take reasonable steps to prevent litter from the premises being deposited at a public place. Maximum penalty: 50 penalty units. (3) An offence against this section is a strict liability offence. 11 Offences about vehicle loads (1) A person commits an offence if the person— (a) requires someone else to move a vehicle carrying a load through a public place; and (b) fails to give the other person appropriate means to secure the load appropriately so that it (or any part of it) is not likely to fall, be dislodged or escape, from the vehicle. Maximum penalty: 50 penalty units. (2) A person commits an offence if the person— (a) is the driver or rider of a moving vehicle carrying a load through a public place; and (b) fails to secure the load appropriately so that it (or any part of it) is not likely to fall, be dislodged or escape, from the vehicle. Maximum penalty: 50 penalty units. Example a trailer containing garden clippings that are uncovered or not strapped down (3) An offence against this section is a strict liability offence.

11A Unsecured construction materials (1) A person commits an offence if the person— (a) keeps construction material at an open private place; and

Part 3 Offences Section 12 page 16 Litter Act 2004 Effective: 26/12/25 R15 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) fails to secure the material to prevent it escaping from the place. Maximum penalty: 20 penalty units. (2) An offence against this section is a strict liability offence. Example styrofoam waffle pods used for construction, left loose or uncontained on a building site 12 Depositing or abandoning dangerous containers (1) In this section: dangerous container means a vessel, container or receptacle (other than a vehicle or a part of a vehicle or a bin or other receptacle ordinarily used to hold litter) that consists of or contains a compartment that— (a) has a capacity of at least 40L; and (b) has an opening of at least 120mm in both width and height; and (c) is fitted with a door or lid that can be fastened to close that opening effectively. (2) A person commits an offence if the person deposits or abandons a dangerous container at a public place (including a public tip, public landfill or waste transfer station conducted by the Territory). Maximum penalty: 50 penalty units. (3) Subsection (2) does not apply if the person takes all reasonable steps to prevent children gaining access to the relevant compartment of the container.

Offences Part 3 Section 13 R15 26/12/25 Litter Act 2004 Effective: 26/12/25 page 17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

13 Placing advertising leaflets on motor vehicles, buildings or other fixed structures (1) A person commits an offence if the person— (a) places any unsolicited leaflet in or on a motor vehicle at a public place; or (b) attaches any unsolicited leaflet to any building or other fixed structure at a public place. Example attaching a sticker on a traffic sign or other public infrastructure Maximum penalty: 20 penalty units. (2) Subsection (1) does not apply if the leaflet is placed in or on a motor vehicle (other than a light rail vehicle) or attached to any building or other fixed structure and— (a) is placed or attached in accordance with a territory law; or (b) for a motor vehicle—contains a message that is— (i) of a personal nature; and (ii) directed only to the owner, or the driver or rider, of the motor vehicle; or (c) for a building or other fixed structure—is attached with the consent of the owner or occupier of the building, or the owner of the structure. (3) A person commits an offence if the person distributes, or commissions, authorises or arranges for the distribution of, any unsolicited leaflet for— (a) placement in or on a motor vehicle at a public place; or (b) attachment to any building or other fixed structure at a public place. Maximum penalty: 20 penalty units.

Part 3 Offences Section 13A page 18 Litter Act 2004 Effective: 26/12/25 R15 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) Subsection (3) does not apply if the leaflet— (a) is placed in or on a motor vehicle (other than a light rail vehicle) or attached to any building or other fixed structure; and (b) is placed or attached in accordance with a territory law. (5) An offence against this section is a strict liability offence. (6) In this section: leaflet includes a handbill or other document publicising or promoting a product, service, event, cause or belief, or otherwise giving a message or information. light rail vehicle—see the Road Transport (General) Act 1999, dictionary.

13A Incidental vehicle offences (1) This section applies to the following offences (a relevant offence): (a) section 8 (1) to (3); (b) section 9 (2); (c) section 9B (1) and (2). (2) An offence against a relevant offence is an incidental vehicle offence if a person commits the offence— (a) near a vehicle before entering the vehicle; or (b) after exiting a vehicle, near the vehicle. (3) However, subsection (2) does not apply if the incidental vehicle offence was committed by a person other than the driver of the vehicle.

Offences Part 3 Section 13A R15 26/12/25 Litter Act 2004 Effective: 26/12/25 page 19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) The Magistrates Court Act 1930, division 3.8.3 (Additional provisions for vehicle-related offences) applies to an incidental vehicle offence as if a reference in the division to a vehicle-related offence were a reference to an incidental vehicle offence. Note An infringement notice offence that involves a vehicle, such as throwing litter out of a car window or using a truck to transport litter for dumping, is a vehicle-related offence under the Magistrates Court Act 1930, div 3.8.1 if it is declared by a regulation under that Act to be an offence to which div 3.8.3 of that Act applies. The Magistrates Court (Litter Infringement Notices) Regulation 2004, sch 2 sets out these offences.

Part 4 Enforcement Division 4.1 Authorised people Section 14 page 20 Litter Act 2004 Effective: 26/12/25 R15 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Enforcement Division 4.1 Authorised people 14 Appointment of authorised people The director-general may appoint a public servant as an authorised person for this Act. Note 1 For the making of appointments (including acting appointments), see Legislation Act, pt 19.3. Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207). 15 Identity cards (1) The director-general must give an authorised person an identity card stating the person’s name and that the person is an authorised person. (2) The identity card must show— (a) a recent photograph of the person; and (b) the card’s date of issue and expiry; and (c) anything else prescribed by regulation. (3) A person commits an offence if— (a) the person stops being an authorised person; and (b) the person does not return the person’s identity card to the director-general as soon as practicable, but no later than 7 days after the day the person stops being an authorised person. Maximum penalty: 1 penalty unit. (4) An offence against this section is a strict liability offence.

Enforcement Part 4 Powers of authorised people Division 4.2 Section 16 R15 26/12/25 Litter Act 2004 Effective: 26/12/25 page 21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 4.2 Powers of authorised people

16 Power not to be exercised before identity card shown etc (1) An authorised person may exercise a power under this Act in relation to a person only if the authorised person first shows the person his or her identity card. (2) An authorised person may not remain on premises entered under this division if, when asked by the occupier, the authorised person does not show his or her identity card. (3) Subsection (1) does not apply to the exercise of a power by an authorised person under section 17 (1). Note Section 17 (3) allows a person to ask the authorised person to produce his or her identity card for inspection. 17 Power to require name and address (1) An authorised person may require a person to state the person’s name and home address if the authorised person believes, on reasonable grounds, that the person is committing or has just committed an offence against this Act. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104). (2) The authorised person must tell the person the reason for the requirement and, as soon as practicable, record the reason. (3) The person may ask the authorised person to produce his or her identity card for inspection by the person. (4) A person must comply with a requirement made of the person under subsection (1) if the authorised person— (a) tells the person the reason for the requirement; and

Part 4 Enforcement Division 4.2 Powers of authorised people Section 18 page 22 Litter Act 2004 Effective: 26/12/25 R15 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) complies with any request made by the person under subsection (3). Maximum penalty: 10 penalty units. (5) An offence against this section is a strict liability offence.

18 Entry to premises (1) This section applies if an authorised person suspects on reasonable grounds that an offence against this Act is being, or is likely to be, or has just been, committed at premises not on public land. (2) The authorised person may— (a) enter the premises (other than a part used for residential purposes) at any reasonable time; or (b) enter the premises at any time with the occupier’s consent. (3) An authorised person may, without the occupier’s consent, enter the land around premises to ask for consent to enter the premises. (4) An authorised person who enters premises under this section may inspect the premises or anything on it.

19 Consent to entry (1) This section applies if an authorised person intends to ask the occupier of premises to consent to the authorised person entering the premises. (2) Before asking for the consent, the authorised person must tell the occupier— (a) the reason for the entry; and (b) that the occupier is not required to consent. (3) If the consent is given, the authorised person must ask the occupier to sign an acknowledgment of the consent.

Enforcement Part 4 Dealing with litter Division 4.3 Section 20 R15 26/12/25 Litter Act 2004 Effective: 26/12/25 page 23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) The acknowledgment must state that— (a) the occupier was told— (i) the reason for the entry; and (ii) that the occupier is not required to consent; and (b) the occupier gives an authorised person consent to enter the premises and exercise powers under this part; and (c) the time and date the consent was given. (5) If the occupier signs an acknowledgment of consent, the authorised person must immediately give a copy to the occupier. (6) A court may assume that the occupier did not consent if— (a) a question arises, in a proceeding in the court, whether the occupier consented to the authorised person entering the premises under this part; and (b) an acknowledgment under this section is not produced in evidence for the entry; and (c) it is not proved that the occupier consented to the entry. Division 4.3 Dealing with litter Subdivision 4.3.1 Dealing with litter—removal etc by person

20 Request to remove litter (1) This section applies if an authorised person or police officer believes on reasonable grounds that litter in a public place has been deposited by a person in contravention of this Act. (2) The authorised person or police officer may ask the person to remove the litter from the public place.

Part 4 Enforcement Division 4.3 Dealing with litter Section 21 page 24 Litter Act 2004 Effective: 26/12/25 R15 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) The person commits an offence if the person fails to comply with the request. Maximum penalty: 20 penalty units. (4) An offence against this section is a strict liability offence.

21 Notice to remove etc litter (1) This section applies if an authorised person or police officer believes on reasonable grounds that litter in a public place has been deposited by a person in contravention of this Act. (2) An authorised person or police officer may, by written notice given to the person, require the person to do either or both of the following: (a) remove or dispose of the litter from the public place; (b) restore the public place affected by the litter to a state as close as practicable to the state it was in immediately before the litter was deposited. Note If the notice is given to a person who may apply to the ACAT for review of the decision to which it relates, the notice must be a reviewable decision notice (see s 24X). (3) The notice may state— (a) how the requirement is to be carried out; and (b) the time within which the requirement must be complied with. (4) The notice must contain a statement to the effect that if the litter is not removed or disposed of, or the public place not restored, in accordance with the requirement— (a) an authorised person may authorise someone else to remove or dispose of the litter or restore the public place; and

Enforcement Part 4 Dealing with litter Division 4.3 Section 22 R15 26/12/25 Litter Act 2004 Effective: 26/12/25 page 25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) the reasonable cost of the removal, disposal or restoration is a debt due to the Territory by the person who is required to comply with the requirement. Note An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177). (5) A person commits an offence if the person— (a) is given a notice under subsection (2); and (b) fails to comply with a requirement of the notice. Maximum penalty: 20 penalty units. (6) An offence against this section is a strict liability offence.

22 Authority to remove etc litter when direction not complied with (1) This section applies if a person fails to comply with a requirement in a notice under section 21. (2) The director-general may arrange for a person to remove or dispose of the litter, or restore the public place, in relation to which the direction relates. (3) However, the director-general must not give the authorisation— (a) until the end of the period (or any extended period) within which an application may be made to the ACAT for the review of the decision to give the direction to which the notice relates; or (b) if an application is made to the ACAT for a review of the decision—unless the decision is upheld or the application is withdrawn.

Part 4 Enforcement Division 4.3 Dealing with litter Section 23 page 26 Litter Act 2004 Effective: 26/12/25 R15 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

23 Liability for cost of removal etc A person who fails to comply with a requirement in a notice under section 21 (Notice to remove etc litter) must pay to the Territory the reasonable cost of any removal, disposal or restoration carried out under section 22. Note An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177). Subdivision 4.3.2 Dealing with litter—removal etc by Territory

24A Removal etc of litter—by Territory (1) This section applies if an authorised person or police officer believes on reasonable grounds that— (a) litter in a public place has been deposited by anyone (the litterer) in contravention of this Act; and (b) either or both of the following applies: (i) prompt removal or disposal of the litter is necessary because it could cause injury to a person or animal or damage to property; (ii) the size, shape, nature or volume of the litter means that prompt removal or disposal is in the public interest. Examples 1 A large volume of litter is dumped next to a main road. Prompt removal is in the public interest because the litter smells and is unsightly. 2 Access to a walking trail in a nature reserve is blocked by an old spa bath that has been dumped in the reserve. Prompt removal is in the public interest to restore access to the trail.

Enforcement Part 4 Dealing with litter Division 4.3 Section 24B R15 26/12/25 Litter Act 2004 Effective: 26/12/25 page 27 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 A large public building is being extensively renovated. The Territory gives permission for the builder to establish a temporary depot on adjacent public land for rubbish from the building site to be deposited. The depot is fenced. When the renovations are finished, the rubbish is removed and the fence taken down. However, someone dumps rubbish at the site, and soon others also dump rubbish there. Prompt removal is in the public interest because it discourages the dumping of rubbish at the site. (2) The director-general may arrange for a person to do either or both of the following: (a) remove or dispose of the litter from the public place; (b) restore the public place affected by the litter to a state as close as practicable to the state it was in immediately before the litter was deposited. (3) To remove any doubt, if this section applies, notice need not be given to the litterer under section 21 (Notice to remove etc litter).

24B Recovery of costs associated with removal etc of litter (1) If the director-general arranges for a person to do a thing mentioned in section 24A (2), the litterer must pay to the Territory the reasonable cost of doing the thing. Note An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177). (2) In this section: litterer—see section 24A (1).

Part 4 Enforcement Division 4.3 Dealing with litter Section 24BA page 28 Litter Act 2004 Effective: 26/12/25 R15 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

Subdivision 4.3.3 Dealing with litter affecting amenity etc 24BA Meaning of amenity impact (1) For this Act, a person causes an amenity impact if— (a) the person deposits litter at an open private place; and (b) the depositing of the litter has, or is likely to have, a significant adverse impact on the amenity, use or enjoyment of an entity’s adjoining land. Example A person’s yard contains numerous vehicles in a deteriorated state that have been left undisturbed for a significant period. There is no indication that the person is carrying out repair or other work on the vehicles and the surrounding area is overgrown and neglected. The yard is unsightly and significantly affects the neighbours’ enjoyment of their land. (2) For subsection (1), in deciding whether an amenity impact is significant, regard must be had to the nature, quantity and volume of the litter and the length of time of the impact. 24BB Complaints about amenity impacts (1) A person may give a written complaint to an authorised person about an amenity impact. (2) An authorised person must investigate the complaint having regard to any code of practice approved under section 24ZA. (3) If, on investigation, an authorised person decides not to issue an abatement notice in relation to the amenity impact, the officer must give a written notice of that decision to the complainant, informing the complainant about any available ways of settling the matter privately.

Enforcement Part 4 Dealing with litter Division 4.3 Section 24BC R15 26/12/25 Litter Act 2004 Effective: 26/12/25 page 29 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 24BC Notification about proposed abatement notice (1) If an authorised person proposes to give a person an abatement notice, the authorised person must give the person a written notice (a show cause notice) stating— (a) the grounds on which the authorised person considers an abatement notice may be given; and (b) details of the proposed abatement notice; and (c) that the person may, not later than 14 days after the day the person is given the notice, give a written submission to the authorised person about the proposed abatement notice. (2) The authorised person must consider any submission received by the authorised person in response to the show cause notice when making a decision to give or not give an abatement notice to the person. 24BD Abatement notices (1) This section applies if an authorised person— (a) has considered a submission mentioned in section 24BC (2); and (b) is satisfied on reasonable grounds that it is appropriate in all the circumstances, to give the person a notice to abate the amenity impact (an abatement notice). (2) If the authorised person has reasonable grounds for believing that an amenity impact exists, the authorised person may give an abatement notice to— (a) the person who deposited litter and caused the impact; or (b) if the person cannot be identified—the person who occupies the place from which the impact originates. Note For how documents may be given, see the Legislation Act, pt 19.5.

Part 4 Enforcement Division 4.3 Dealing with litter Section 24BD page 30 Litter Act 2004 Effective: 26/12/25 R15 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) In determining whether to give an abatement notice in relation to an amenity impact, the authorised person— (a) must have regard to the number of people affected, or potentially affected, by the impact; and (b) must have regard to any disability that a person causing the impact may have; and (c) must have regard to the physical, mental or financial capacity of the person causing the impact to reasonably comply with the proposed abatement notice; and (d) may have regard to any reasonable steps that a person causing the impact has or has not taken to avoid or minimise the impact; and Example placing protective covers over vehicles that are in a state of disrepair in a person’s yard to indicate the items are of some use or value to the person (e) may have regard to any reasonable steps that a person adversely impacted, or potentially adversely impacted has or has not taken to avoid or minimise the impact, or potential impact on the person. (4) An abatement notice— (a) must state the amenity impact which is required to be abated; and (b) must state the period within which the amenity impact is to be abated; and (c) may state steps to be taken to prevent the amenity impact from happening again and the period or periods within which they are to be undertaken. (5) An abatement notice continues in force until revoked in accordance with section 24BG.

Enforcement Part 4 Dealing with litter Division 4.3 Section 24BE R15 26/12/25 Litter Act 2004 Effective: 26/12/25 page 31 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 24BE Not giving abatement notice (1) This section applies if, after considering a submission under section 24BC (2) received from a person, the authorised person is satisfied on reasonable grounds that an abatement notice— (a) may not be given to the person; or (b) may be given, but that in all the circumstances it is not appropriate to be given. (2) The authorised person must give the person written notice telling the person that an abatement notice will not be given to the person in relation to the matters raised in the show cause notice. 24BF Abatement notice—extension of compliance period (1) Before the end of a compliance period stated in an abatement notice under section 24BD (4) (b) or (c), an authorised person may extend the period. (2) An extension— (a) may be given on the application of the person given the abatement notice, or on the authorised person’s initiative; and (b) must be in writing given to the person given the abatement notice. (3) If an authorised person refuses an application for an extension, the person must give written notice to the applicant of the refusal stating the reasons for the refusal. Note If the notice is given to a person who may apply to the ACAT for review of the decision to which it relates, the notice must be a reviewable decision notice (see s 24X).

Part 4 Enforcement Division 4.3 Dealing with litter Section 24BG page 32 Litter Act 2004 Effective: 26/12/25 R15 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 24BG Abatement notice—revocation (1) A person given an abatement notice in relation to an amenity impact may apply for revocation of the notice. (2) An application must— (a) be in writing; and (b) be addressed to the authorised person who gave the notice; and (c) state the action taken to comply with the notice by the person given the notice and any further measures taken to prevent the amenity impact from happening again; and (d) nominate a date on or after which an inspection may be made. (3) The authorised person must, on application or on the authorised person’s initiative, revoke the abatement notice if satisfied, after carrying out an inspection— (a) that the notice has been complied with; and (b) that adequate measures have been taken to prevent the amenity impact from happening again. (4) The revocation must be in writing given to the person given the abatement notice. (5) If an authorised person refuses an application for revocation, the authorised person must give written notice to the applicant of the refusal stating the reasons for the refusal. Note If the notice is given to a person who may apply to the ACAT for review of the decision to which it relates, the notice must be a reviewable decision notice (see s 24X).

Enforcement Part 4 Dealing with litter Division 4.3 Section 24BH R15 26/12/25 Litter Act 2004 Effective: 26/12/25 page 33 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 24BH Abatement orders (1) The director-general may apply to the Magistrates Court for any of the following orders in relation to a person given an abatement notice: (a) that the person— (i) comply with the notice; and (ii) undertake, or stop taking, stated action to prevent the amenity impact from happening again; (b) if the amenity impact has been removed but is likely to happen again—that the person undertake, or stop taking, stated action to prevent the amenity impact from happening again; (c) that if the person fails to comply with an order made by the court under subsection (3) (a) or (b), an authorised person may, after the expiration of the compliance period stated in the order, enter a place to which the order relates and do whatever is necessary to implement the order; (d) that the person pay the reasonable costs and expenses, as determined by the court— (i) of the application; and (ii) incurred by the Territory in implementing, or attempting to implement, any order made under subsection (3) (c). (2) In considering an application, the court— (a) must have regard to any disability that a person causing the amenity impact may have; and (b) must have regard to the physical, mental or financial capacity of the person causing the impact to reasonably comply with an order proposed to be made by the court under subsection (3); and (c) may consider any relevant report from anyone about the amenity impact.

Part 4 Enforcement Division 4.3 Dealing with litter Section 24BH page 34 Litter Act 2004 Effective: 26/12/25 R15 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) The court may make any of the following orders in relation to the person given an abatement notice: (a) that the person comply with the notice within a period stated in the order; (b) that to prevent the amenity impact from happening again, the person undertake, or stop taking, stated action within a period stated in the order; (c) that if the person fails to comply with an order under paragraph (a) or (b), an authorised person may, after the expiration of the compliance period stated in the order, enter a place to which the order relates and do whatever is necessary to implement the order. (d) that the person pay the reasonable costs and expenses, as determined by the court— (i) of the application; and (ii) incurred by the Territory in implementing, or attempting to implement, an order under paragraph (c). (4) If the court makes an order under subsection (3) (c), an authorised person must not enter the place to which the order relates unless— (a) the authorised person has given the person a written notice stating the date and time of the proposed entry at least 7 days before the date; and (b) the time of entry stated is on a working day between 8 am and 6 pm. (5) Also, for an order under subsection (3) (c), an authorised person must— (a) enter only the part of the place necessary to implement the order using any reasonable and necessary force and assistance; and

Enforcement Part 4 Dealing with litter Division 4.3 Section 24BI R15 26/12/25 Litter Act 2004 Effective: 26/12/25 page 35 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) not remain at the place longer than necessary to implement the order. (6) A person must comply with an order under subsection (3) (a), (b) or (d). Maximum penalty: 50 penalty units. (7) The court may revoke an order under subsection (3) (a) or (b) on application by the person in relation to whom the order was made, or the director-general, if satisfied— (a) that the order has been complied with; and (b) that there is no reasonable likelihood of the circumstances giving rise to the making of the order happening again. 24BI Joint and separate responsibility for amenity impacts (1) This section applies if— (a) an authorised person has reasonable grounds for believing that an amenity impact exists; and (b) either— (i) the authorised person has reasonable grounds for believing that 2 or more people have caused the impact; or (ii) if the person or people causing the impact cannot be identified—2 or more people occupy the place from which the impact originates. (2) Each person who has caused the impact, or occupies the place from which the impact originates— (a) may be given an abatement notice; and

Part 4 Enforcement

Division 4.3 Dealing with litter Section 24BI page 36 Litter Act 2004 Effective: 26/12/25 R15 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) if the court makes an order under section 24BH in relation to the person and another person (a joint abatement order)—the person and other person are jointly and separately liable— (i) in relation to the joint abatement order; and (ii) for the reasonable costs or expenses mentioned in section 24BH (3) (d) in relation to the application and the implementation, or attempted implementation of the joint abatement order.

Shopping trolleys Part 4A Section 24C R15 26/12/25 Litter Act 2004 Effective: 26/12/25 page 37 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4A Shopping trolleys

24C Definitions—pt 4A In this part: collection area—see section 24H (2) (c). collection day—see section 24H (2) (b). collection day notice—see section 24H (1). removal notice means a notice under section 24I (3). removal notice location, of a retailer’s shopping trolley, means— (a) the place mentioned in section 24I (1) where the trolley was found; and (b) any place outside the retailer’s shopping centre precinct that can be clearly seen from the place mentioned in paragraph (a). retailer means a person who provides shopping trolleys for use in the retailer’s premises. retailer collection notice—see section 24K (2). retailer’s shopping centre precinct, for a retailer’s shopping trolley, means the shopping centre precinct where the retailer’s premises identified on the trolley are located. shopping centre, for retail premises which provide shopping trolleys for use in the premises, means— (a) if the premises occupy a single building—the retail premises; or (b) if the premises are in a shopping centre, shopping mall, shopping court or shopping arcade—the centre, mall, court or arcade.

Part 4A Shopping trolleys Section 24D page 38 Litter Act 2004 Effective: 26/12/25 R15 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au shopping centre precinct means— (a) an area consisting of— (i) a shopping centre; and (ii) any car park provided for the use of customers of the shopping centre; and (iii) any area, including a road or other public place, between the shopping centre and the car park; and (iv) any other area provided for the use of customers of the shopping centre immediately adjacent to the shopping centre; or (b) an area prescribed by regulation. shopping trolley means— (a) a predominantly metal trolley incorporating a basket that cannot be removed; or (b) a trolley or handcart prescribed by regulation.

24D Direction to return shopping trolley (1) This section applies if an authorised person or police officer believes on reasonable grounds that— (a) a person— (i) has taken a retailer’s shopping trolley from the retailer’s shopping centre precinct; or (ii) is using a retailer’s shopping trolley in a place outside the retailer’s shopping centre precinct; or (iii) has left a retailer’s shopping trolley at a place outside the retailer’s shopping centre precinct; and

Shopping trolleys Part 4A Section 24D R15 26/12/25 Litter Act 2004 Effective: 26/12/25 page 39 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) for paragraph (a) (i) and (ii), the person is not— (i) the retailer identified on the trolley; or (ii) a person authorised by the retailer to do the things mentioned in paragraph (a) (i) and (ii). (2) The authorised person or police officer may give the person a written direction to return the shopping trolley to the retailer’s premises identified on the trolley. (3) The person must comply with the direction. Maximum penalty: 10 penalty units. (4) An offence against this section is a strict liability offence. (5) The authorised person or police officer must not give the person a written direction under subsection (2) if it is harsh or unreasonable in the circumstances to do so. Note The defendant has an evidential burden in relation to the matters mentioned in s (5) (see Criminal Code, s 58). (6) A direction must— (a) state that it is an offence against subsection (3) not to comply with the direction; and (b) state a reasonable time within which the direction must be complied with; and (c) include a statement that the person may be served with an infringement notice or prosecuted under subsection (3) if the person does not comply with the direction. (7) In this section: infringement notice—see the Magistrates Court Act 1930, section 117.

Part 4A Shopping trolleys Section 24E page 40 Litter Act 2004 Effective: 26/12/25 R15 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

24E Notice about taking etc shopping trolley outside of shopping centre precinct (1) A retailer must place prominently at or near the customer exits in the retailer’s premises a notice that— (a) contains the following statement: ‘Under the Litter Act 2004 fines can apply for taking, using or leaving a shopping trolley outside this shopping centre precinct’; and (b) describes the retailer’s shopping centre precinct; and (c) contains anything else prescribed by regulation; and (d) can be seen and read easily by a person leaving the retailer’s premises. Maximum penalty: 10 penalty units. (2) An offence against this section is a strict liability offence.

24F Identification of ownership of shopping trolleys (1) A retailer must display on each of the retailer’s shopping trolleys the following information: (a) the retailer’s name; (b) the address of the retailer’s premises at which the retailer keeps the trolley; (c) the contact telephone number of— (i) the retailer; or (ii) a person authorised by the retailer to collect the trolley; (d) the telephone number for the shopping trolley hotline; (e) anything else prescribed by regulation.

Shopping trolleys Part 4A Section 24G R15 26/12/25 Litter Act 2004 Effective: 26/12/25 page 41 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) The information mentioned in subsection (1)— (a) must be legible and conspicuously displayed on the shopping trolley; and (b) must not be easily removed from the trolley or made illegible. (3) A retailer commits an offence if the retailer fails to comply with this section. Maximum penalty: 10 penalty units. (4) Subsection (3) does not apply if the information mentioned in subsection (1) is— (a) removed from the shopping trolley by a person other than the retailer; or (b) made illegible by a person other than the retailer. Note The defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code, s 58). (5) An offence against this section is a strict liability offence. (6) In this section: shopping trolley hotline means a telephone contact service operated by the Territory to receive information about shopping trolleys left in public places.

24G Retailer must keep shopping trolleys within shopping centre precinct (1) A retailer commits an offence if the retailer fails to keep a shopping trolley identified as belonging to the retailer under section 24F (1) within the retailer’s shopping centre precinct. Maximum penalty: 60 penalty units.

Part 4A Shopping trolleys Section 24G page 42 Litter Act 2004 Effective: 26/12/25 R15 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) This section does not apply if the shopping trolley is— (a) in premises owned or leased by the retailer or a person authorised by the retailer to keep the trolley; or (b) in the possession of the retailer or a person authorised by the retailer to be in possession of the trolley; or (c) in a shopping centre precinct other than the retailer’s shopping centre precinct. (3) This section does not apply if— (a) the retailer operates and maintains a trolley containment system at the retailer’s premises where the shopping trolley came from and the containment system applied to the trolley; or (b) the retailer took all reasonable measures to ensure that the trolley was kept within the retailer’s shopping centre precinct; or (c) the number of trolleys provided by the retailer at the retailer’s premises where the trolley came from is less than the number prescribed by regulation. Note The defendant has an evidential burden in relation to the matters mentioned in s (2) and (3) (see Criminal Code, s 58). (4) In this section: trolley containment system means a system approved by the director-general that is designed to reduce the number of a retailer’s shopping trolleys taken out of the retailer’s shopping centre precinct. Example—trolley containment system a system which requires the deposit of money by customers to use a shopping trolley which is refundable on the return of the trolley

Shopping trolleys Part 4A Section 24H R15 26/12/25 Litter Act 2004 Effective: 26/12/25 page 43 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

24H Notice of shopping trolley collection days (1) The director-general may give a retailer a notice (a collection day notice) of the director-general’s intention to remove shopping trolleys left in places outside a shopping centre precinct. Note For how documents may be served, see the Legislation Act, pt 19.5. (2) A collection day notice must state the following: (a) the date the notice is given; (b) the day (the collection day) that the removal of shopping trolleys will take place, being a day not less than 2 days after the date the notice is given; (c) the area (the collection area) from where trolleys will be removed; (d) if a trolley is found in a place outside a shopping centre precinct in a collection area on a collection day, the trolley may— (i) be removed to a retention area; and (ii) only be collected by the retailer from the retention area if the retailer pays all fees, charges and other amounts payable under this Act; (e) it is an offence against section 24G if the retailer fails to keep a trolley identified as belonging to the retailer under section 24F (1) within the retailer’s shopping centre precinct; (f) the maximum penalty for the offence; (g) how the retailer may contact an authorised person, including, for example, by giving a telephone number.

Part 4A Shopping trolleys Section 24I page 44 Litter Act 2004 Effective: 26/12/25 R15 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

24I Notice to remove individual shopping trolley (1) This section applies if a retailer’s shopping trolley is found in a place outside the retailer’s shopping centre precinct by an authorised person or police officer. (2) This section does not apply if the retailer identified on the shopping trolley has been given a collection day notice and the trolley is found on a collection day in a collection area. (3) An authorised person or police officer may give the retailer a notice (a removal notice) to remove the shopping trolley from the removal notice location. (4) A removal notice must state the following: (a) the time and date the notice is given; (b) the place where the shopping trolley was found; (c) that the trolley must be removed from the removal notice location within 24 hours after the time the notice is given; (d) if the trolley is not removed from the removal notice location within 24 hours after the time the notice is given, the trolley may— (i) be removed to a retention area; and (ii) only be collected by the retailer from the retention area if the retailer pays all fees, charges and other amounts payable under this Act; (e) it is an offence against section 24G if the retailer fails to keep a trolley identified as belonging to the retailer under section 24F (1) within the retailer’s shopping centre precinct; (f) the maximum penalty for the offence;

Shopping trolleys Part 4A Section 24J R15 26/12/25 Litter Act 2004 Effective: 26/12/25 page 45 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (g) how the retailer may contact an authorised person, including, for example, by giving a telephone number. (5) The removal notice must be given by— (a) securely attaching the notice, addressed to the retailer, to the shopping trolley in a conspicuous position; and (b) calling the contact telephone number stated on the trolley and giving the information in the notice to the retailer. (6) For subsection (5) (b), information in the removal notice is taken to have been given to the retailer if— (a) the information is given to— (i) a person who answers the telephone call; or (ii) a telephone answering or recording device; or (b) a reasonable attempt was made to give the information to the retailer by telephone. (7) A removal notice given in the way mentioned in subsection (5) is taken to have been given to the retailer at the time and date the telephone call is made.

24J Removal of shopping trolley to retention area (1) The director-general may authorise a person (a trolley collector) to remove shopping trolleys found outside shopping centre precincts to a retention area. (2) A trolley collector or authorised person may remove a shopping trolley found outside a shopping centre precinct to a retention area if the retailer identified on the trolley has been given— (a) a collection day notice and the trolley is found on a collection day in a collection area; or

Part 4A Shopping trolleys Section 24J page 46 Litter Act 2004 Effective: 26/12/25 R15 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) a removal notice in relation to the trolley and the trolley has not been removed from the removal notice location within 24 hours after the time the notice was given. (3) Subsection (2) does not apply if the shopping trolley is— (a) in premises owned or leased by the retailer or a person authorised by the retailer to keep the trolley; or (b) in the possession of the retailer or a person authorised by the retailer to be in possession of the trolley; or (c) in a shopping centre precinct other than the retailer’s shopping centre precinct. (4) However, an authorised person or a police officer may remove a shopping trolley to a retention area without a notice under section 24H or section 24I having been given if the authorised person or a police officer believes on reasonable grounds that— (a) the trolley may cause injury to a person or animal or damage to property or a public place if it is not removed; or (b) it is impractical for the retailer to remove the trolley. Example—par (a) A shopping trolley is left next to a main road. Prompt removal is necessary because the trolley could roll or be pushed onto the road. Example—par (b) A shopping trolley is dumped in a waterway. Removal by the retailer is impractical because it requires specialised equipment to remove it.

Shopping trolleys Part 4A Section 24K R15 26/12/25 Litter Act 2004 Effective: 26/12/25 page 47 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

24K Retention of shopping trolleys (1) This section applies if a shopping trolley is removed to a retention area under section 24J. (2) The director-general must give written notice (a retailer collection notice) that the shopping trolley is in the retention area to the retailer identified on the trolley. Note For how documents may be served, see the Legislation Act, pt 19.5. (3) The retailer collection notice must state the following: (a) the date of the notice; (b) the address of the retention area where the trolley may be collected; (c) when the trolley may be collected; (d) any fee the retailer must pay before the trolley may be collected; (e) that the trolley may be disposed of under the Uncollected Goods Act 1996, part 3 if the trolley is not collected within 7 days after the day the notice is given to the retailer.

24L Disposal of retained shopping trolleys If a shopping trolley is removed to a retention area under section 24J— (a) the trolley is taken to be uncollected goods for the Uncollected Goods Act 1996; and (b) the trolley is taken to have become uncollected goods for that Act on the day the retailer collection notice is given; and (c) the director-general is taken to be the possessor of the trolley for that Act; and

Part 4A Shopping trolleys Section 24M page 48 Litter Act 2004 Effective: 26/12/25 R15 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (d) the director-general may dispose of the trolley under that Act, part 3 after 7 days after the day the retailer collection notice is given; and (e) if a trolley is to be destroyed under that Act, part 3—to the extent reasonably practicable, the component materials of the trolley must be recycled; and (f) for that Act, section 26 (2) (a) and (b) and section 30 (1) (a) and (b), the reasonable costs incurred by the director-general are taken to be any fee determined under this Act for the removal, storage and disposal of the trolley; and (g) that Act, section 27 does not apply.

24M Recovery of cost of disposal etc of shopping trolley (1) This section applies if a shopping trolley has been disposed of under section 24L and the Uncollected Goods Act 1996, part 3. (2) A fee for the removal, storage and disposal of the shopping trolley is a debt due to the Territory by the retailer. (3) The debt is payable within 14 days after the date of the invoice. (4) Interest is payable on the amount of the debt that remains unpaid after the payment date at the interest rate mentioned in the Court Procedures Rules 2006, schedule 2, rule 2.3 (Interest on judgment after 30 June 2010—Supreme Court).

24N Removing, defacing or interfering with removal notices (1) A person commits an offence if–– (a) a removal notice is placed on, or attached to, a shopping trolley; and (b) the person is not— (i) an authorised person or police officer; or

Shopping trolleys Part 4A Section 24N R15 26/12/25 Litter Act 2004 Effective: 26/12/25 page 49 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) the retailer; or (iii) a person authorised by the retailer to collect the trolley; and (c) the person removes, defaces or interferes with the notice. Maximum penalty: 5 penalty units. (2) An offence against this section is a strict liability offence.

Part 4B Abandoned vehicles Section 24O page 50 Litter Act 2004 Effective: 26/12/25 R15 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4B Abandoned vehicles

24O Power to enter abandoned vehicle (1) This section applies if an authorised person has reasonable grounds for believing that a vehicle has been abandoned at a public place. Examples—reasonable grounds 1 burnt out wreck 2 deteriorating body or broken windows 3 missing number plates Note Litter is defined to include an abandoned vehicle (see s 7). (2) The authorised person may enter the vehicle, to identify the vehicle or responsible person for the vehicle, only if the vehicle or responsible person cannot be identified without entering the vehicle. (3) If the vehicle is entered, the authorised person— (a) may take only the steps reasonably necessary to obtain the information needed to identify the vehicle or responsible person for the vehicle (the identification information); and (b) must not examine anything else in the vehicle that is not relevant for obtaining the identification information; and (c) must not remove anything from the vehicle other than the following: (i) perishable items; (ii) items that could cause harm to a person or animal if left in the vehicle; (iii) items that may damage the vehicle if left in the vehicle. Examples—removable items 1 foods that if spoiled, may soil or cause an offensive smell to permeate the vehicle 2 chemicals or explosives

Abandoned vehicles Part 4B Section 24P R15 26/12/25 Litter Act 2004 Effective: 26/12/25 page 51 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) The authorised person must not disclose any information, other than the identification information for the purposes of this Act, obtained by the authorised person because of the exercise of the authorised person’s functions under subsection (3).

24P Direction to remove vehicles from public places (1) This section applies if— (a) a person places a vehicle at a public place; and (b) an authorised person or police officer has reasonable grounds for believing that the vehicle has been abandoned. (2) The authorised person or police officer may direct (a removal direction) the person to remove the vehicle. (3) A removal direction must be in writing and state— (a) the public place; and (b) the vehicle to be removed; and (c) when the direction must be complied with (the due date), being a day at least 2 days after the direction is given to the person; and (d) that, if the vehicle is not removed by the due date— (i) the person may be committing an offence under section 24Q; and (ii) the vehicle may be removed and disposed of under section 24R and section 24S. (4) A removal direction may be given to a person by securely attaching the direction to the vehicle in a conspicuous place. Note For how documents may be given, see the Legislation Act, pt 19.5.

Part 4B Abandoned vehicles Section 24Q page 52 Litter Act 2004 Effective: 26/12/25 R15 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (5) A removal direction given to a person in the way mentioned in subsection (4) is taken to be given to the person on the day the direction is attached to the vehicle.

24Q Offence—fail to comply with removal direction (1) A person commits an offence if the person— (a) is subject to a removal direction; and (b) fails to comply with the direction. (2) Subsection (1) does not apply if the person has a reasonable excuse for failing to comply with the direction. Maximum penalty: 20 penalty units. Note The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58). (3) An offence against this section is a strict liability offence.

24R Removal of vehicles at public places by Territory (1) This section applies if— (a) a person— (i) is subject to a removal direction for a vehicle; and (ii) fails to comply with the direction; or (b) a vehicle is at a public place and an authorised person reasonably believes that the vehicle is abandoned. (2) An authorised person may— (a) move the vehicle to a retention area; or (b) for a vehicle of no value—move the vehicle to a retention area or dispose of it immediately. Example A burnt out wreck may be disposed of immediately.

Abandoned vehicles Part 4B Section 24S R15 26/12/25 Litter Act 2004 Effective: 26/12/25 page 53 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) In this section: net value—see the Uncollected Goods Act 1996, dictionary. no value, in relation to a vehicle, means a vehicle having a net value of $20 or less. value—see the Uncollected Goods Act 1996, dictionary.

24S Disposal of vehicles by Territory (1) This section applies if a vehicle is moved to a retention area under section 24R. (2) The director-general must give the responsible person for the vehicle a written notice (a retention notice) stating— (a) that the vehicle has been moved to a retention area; and (b) when and where the vehicle may be collected; and (c) that, if the responsible person does not collect the vehicle within 7 days after the retention notice is given to the responsible person, the vehicle may be disposed of under the Uncollected Goods Act 1996. Note For how documents may be given, see the Legislation Act, pt 19.5. (3) If the vehicle is not collected within the period mentioned in subsection (2) (c)— (a) the vehicle is taken to be uncollected goods under the Uncollected Goods Act 1996; and (b) the director-general is taken to be the possessor of the goods for that Act; and (c) the director-general may dispose of the goods under that Act, part 3 (Disposal of uncollected goods).

Part 4B Abandoned vehicles Section 24T page 54 Litter Act 2004 Effective: 26/12/25 R15 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) For the Uncollected Goods Act 1996, section 26 (2) (a) (Claim by owner before disposal) and section 30 (1) (a) (Proceeds of sale), the reasonable costs incurred by the director-general in complying with that Act are taken to include the cost of removing the vehicle from the public place to the retention area.

24T Damage etc to be minimised (1) In the exercise, or purported exercise, of a function under this part, an authorised person must take all reasonable steps to ensure that the authorised person causes as little inconvenience, detriment and damage as is practicable. (2) If an authorised person damages a vehicle in the exercise or purported exercise of a function under this part, the authorised person must give written notice of the particulars of the damage to the person whom the authorised person believes on reasonable grounds is the owner of the vehicle. Note For how documents may be given, see the Legislation Act, pt 19.5. (3) This section does not apply if the authorised person immediately disposes of the vehicle under section 24R (2) (b).

24U Compensation for exercise of enforcement powers (1) A person may claim compensation from the Territory if the person suffers loss or expense because of the exercise, or purported exercise, of a function under this part by an authorised person. (2) Compensation may be claimed and ordered in a proceeding for— (a) compensation brought in a court of competent jurisdiction; or (b) an offence against this Act brought against the person making the claim for compensation. (3) A court may order the payment of reasonable compensation for the loss or expense only if it is satisfied it is just to make the order in the circumstances of the particular case.

Abandoned vehicles Part 4B Section 24V R15 26/12/25 Litter Act 2004 Effective: 26/12/25 page 55 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) A regulation may prescribe matters that may, must or must not be taken into account by the court in considering whether it is just to make the order.

24V Protection from liability (1) An authorised person is not civilly liable for conduct engaged in honestly and without recklessness— (a) in the exercise of a function under this Act; or (b) in the reasonable belief that the conduct was in the exercise of a function under this Act. (2) Any civil liability that would, apart from this section, attach to the authorised person attaches instead to the Territory. (3) In this section: conduct means an act or omission to do an act.

Part 4C Review and appeals Section 24W page 56 Litter Act 2004 Effective: 26/12/25 R15 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

Part 4C Review and appeals

24W Meaning of reviewable decision—pt 4C In this part: reviewable decision means a decision mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision.

24X Reviewable decision notices If a person makes a reviewable decision, the person must give a reviewable decision notice to each entity mentioned in schedule 1, column 4 in relation to the decision. Note The person must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).

24Y Applications for review The following may apply to the ACAT for review of a reviewable decision: (a) an entity mentioned in schedule 1, column 4 in relation to the decision; (b) any other person whose interests are affected by the decision.

24Z Appeals A person subject to an abatement order may appeal to the Supreme Court in relation to any of the following orders of the Magistrates Court: (a) an abatement order under section 24BH (3); (b) an order under section 24BH (7) dismissing an application for the revocation of an abatement order.

Miscellaneous Part 5 Section 24ZA R15 26/12/25 Litter Act 2004 Effective: 26/12/25 page 57 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 5 Miscellaneous 24ZA Codes of practice (1) The Minister may approve a code of practice setting out minimum standards or guidelines for this Act. (2) However, the Minister must approve a code of practice setting out guidelines for the director-general in dealing with amenity impacts caused by hoarding (a hoarding code of practice). (3) Despite subsection (2), the Minister must not approve a hoarding code of practice within 6 months after the day this section commences. (4) In approving a hoarding code of practice, the Minister must have regard to— (a) the objects of the Act in section 6; and (b) minimising amenity impacts, and ways of dealing with amenity impacts, on the wellbeing of people affected by the amenity impacts, including people whose hoarding caused the amenity impacts. (5) Without limiting a hoarding code of practice, it must include guidelines about the following: (a) the regular review of the circumstances of a person in relation to whom an abatement notice has been given, or an abatement order has been made, as a consequence of an amenity impact caused by the person’s hoarding; (b) the establishment of, or referral to, a group made up of representatives from government agencies and support services to advise the director-general in relation to the management of amenity impacts caused by hoarding; (c) the circumstances in which a person whose hoarding has caused an amenity impact should be referred to a government agency or support service;

Part 5 Miscellaneous Section 25 page 58 Litter Act 2004 Effective: 26/12/25 R15 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (d) the least restrictive means reasonably available to the director-general for dealing with amenity impacts caused by hoarding. (6) An approved code of practice may apply, adopt or incorporate an instrument as in force from time to time. Note 1 The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)). Note 2 A reference to an instrument includes a reference to a provision of an instrument (see Legislation Act, s 14 (2)). (7) An approved code of practice is a disallowable instrument.

25 Determination of fees (1) The Minister may determine fees for this Act. (2) A determination is a disallowable instrument.

26 Approved forms (1) The director-general may approve forms for this Act. (2) If the director-general approves a form for a particular purpose, the approved form must be used for that purpose. (3) An approved form is a notifiable instrument.

27 Regulation-making power (1) The Executive may make regulations for this Act. (2) A regulation may— (a) make provision in relation to dockless bicycle sharing schemes or other sharing schemes using GPS tracking devices on vehicles; and

Miscellaneous Part 5 Section 27 R15 26/12/25 Litter Act 2004 Effective: 26/12/25 page 59 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) create offences for contraventions of the regulations and fix maximum penalties of not more than 30 penalty units for the offences. (3) In this section: GPS tracking device, in relation to a vehicle, means a device that uses the global positioning system to keep track of the location of the vehicle.

Schedule 1 Reviewable decisions page 60 Litter Act 2004 Effective: 26/12/25 R15 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

Schedule 1 Reviewable decisions (see pt 4C) column 1 item column 2 section column 3 decision column 4 entity 1 21 (2) give notice requiring person to remove etc litter/restore public place person given notice 2 24BD (2) give abatement notice person given notice 3 24BF (1) refuse application to extend compliance period applicant 4 24BG (3) refuse application for revocation of abatement notice applicant 5 24P (2) issue removal direction person directed

Dictionary R15 26/12/25 Litter Act 2004 Effective: 26/12/25 page 61 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary (see s 3) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: • ACAT • contravene • director-general (see s 163) • entity • Executive • fail • function • home address • public servant • reviewable decision notice • the Territory. abatement notice—see section 24BD. amenity impact—see section 24BA. authorised person means an authorised person appointed under section 14. collection area, for part 4A (Shopping trolleys)—see section 24H (2) (c). collection day, for part 4A (Shopping trolleys)—see section 24H (2) (b). collection day notice, for part 4A (Shopping trolleys)—see section 24H (1). commercial waste means— (a) waste resulting from institutional, commercial or industrial activities; or (b) waste collected and transported in the course of business.

Dictionary page 62 Litter Act 2004 Effective: 26/12/25 R15 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au deposit means the act of parting with possession of litter. disability—see the Discrimination Act 1991, section 5AA. driver—see the Road Transport (General) Act 1999, dictionary. escape, into or onto a public place or an open private place, includes fall, descend and percolate, and be blown or washed, into or onto the place. lake—see the Lakes Act 1976, dictionary. level, for a volume of litter—see section 7A. litter––see section 7. motor vehicle—see the Road Transport (General) Act 1999, dictionary. occupier, of premises, includes the person in charge of the premises. open private place means— (a) a private place that is situated in or on land and that is not within a building on the land; or (b) a private place that is situated in or on waters. public place means— (a) a road, road related area or any other unleased Territory land; or (b) a place to which the public, or a section of the public, has access, whether by payment or not. removal direction—see section 24P (2). removal notice, for part 4A (Shopping trolleys)—see section 24C. removal notice location, for part 4A (Shopping trolleys)—see section 24C. removal direction—see section 24P (2). responsible person, for a vehicle—see the Road Transport (General) Act 1999, section 10 and section 11.

Dictionary R15 26/12/25 Litter Act 2004 Effective: 26/12/25 page 63 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au retailer, for part 4A (Shopping trolleys)—see section 24C. retailer collection notice, for part 4A (Shopping trolleys)—see section 24K (2). retailer’s shopping centre precinct, for part 4A (Shopping trolleys)—see section 24C. retention area—see the Uncollected Goods Act 1996, dictionary. reviewable decision, for part 4C (Review and appeals)—see section 24W. rider—see the Road Transport (General) Act 1999, dictionary. road—see the Road Transport (General) Act 1999, dictionary. road related area—see the Road Transport (General) Act 1999, dictionary. shopping centre, for part 4A (Shopping trolleys)—see section 24C. shopping centre precinct, for part 4A (Shopping trolleys)—see section 24C. shopping trolley, for part 4A (Shopping trolleys)—see section 24C. unleased Territory land includes a waterway. vehicle includes a boat or trailer. waste—see the Waste Management and Resource Recovery Act 2016, section 10. waste collection service—see the Waste Management and Resource Recovery Act 2016, section 63. waste facility—see the Waste Management and Resource Recovery Act 2016, section 14.

Dictionary page 64 Litter Act 2004 Effective: 26/12/25 R15 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au waterway means— (a) a river, creek, stream or other natural channel in which water flows (whether permanently or intermittently); or (b) the stormwater system and any other channel formed (whether in whole or part) by altering or relocating a waterway mentioned in paragraph (a); or (c) a lake, pond, lagoon or marsh (whether formed by geomorphic processes or by works) in which water collects (whether continuously or intermittently); and includes the bed that the water in the waterway normally flows over or is covered by.

Endnotes About the endnotes 1 R15 26/12/25 Litter Act 2004 Effective: 26/12/25 page 65 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired

Endnotes 3 Legislation history page 66 Litter Act 2004 Effective: 26/12/25 R15 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

3 Legislation history Litter Act 2004 A2004-47 notified LR 16 August 2004 s 1, s 2 commenced 16 August 2004 (LA s 75 (1)) remainder commenced 30 September 2004 (s 2 and CN2004-22) as amended by Litter Amendment Act 2005 A2005-50 notified LR 27 September 2005 s 1, s 2 commenced 27 September 2005 (LA s 75 (1)) remainder commenced 28 September 2005 (s 2) Statute Law Amendment Act 2007 (No 2) A2007-16 sch 3 pt 3.25 notified LR 20 June 2007 s 1, s 2 taken to have commenced 12 April 2007 (LA s 75 (2)) sch 3 pt 3.25 commenced 11 July 2007 (s 2 (1)) ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.70 notified LR 4 September 2008 s 1, s 2 commenced 4 September 2008 (LA s 75 (1)) sch 1 pt 1.70 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2) Dangerous Substances and Litter (Dumping) Legislation Amendment Act 2009 A2009-1 pt 3 notified LR 17 February 2009 s 1, s 2 commenced 17 February 2009 (LA s 75 (1)) pt 3 commenced 17 August 2009 (s 2 and LA s 79) Statute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.47 notified LR 26 November 2009 s 1, s 2 commenced 26 November 2009 (LA s 75 (1)) sch 3 pt 3.47 commenced 17 December 2009 (s 2) Litter (Shopping Trolleys) Amendment Act 2010 A2010-34 notified LR 2 September 2010 s 1, s 2 commenced 2 September 2010 (LA s 75 (1)) remainder commenced 2 March 2011 (s 2 and LA s 79)

Endnotes Legislation history 3 R15 26/12/25 Litter Act 2004 Effective: 26/12/25 page 67 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.95 notified LR 30 June 2011 s 1, s 2 commenced 30 June 2011 (LA s 75 (1)) sch 1 pt 1.95 commenced 1 July 2011 (s 2 (1)) Statute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.36 notified LR 28 November 2011 s 1, s 2 commenced 28 November 2011 (LA s 75 (1)) sch 3 pt 3.36 commenced 12 December 2011 (s 2) Statute Law Amendment Act 2012 A2012-21 sch 3 pt 3.29 notified LR 22 May 2012 s 1, s 2 commenced 22 May 2012 (LA s 75 (1)) sch 3 pt 3.29 commenced 5 June 2012 (s 2 (1)) Road Transport Reform (Light Rail) Legislation Amendment Act 2017 A2017-21 sch 1 pt 1.11 notified LR 8 August 2017 s 1, s 2 commenced 8 August 2017 (LA s 75 (1)) sch 1 pt 1.11 commenced 15 August 2017 (s 2) Litter Legislation Amendment Act 2019 A2019-39 pt 2 notified LR 31 October 2019 s 1, s 2 commenced 31 October 2019 (LA s 75 (1)) s 25, s 28, s 32, s 34 commenced 15 September 2020 (s 2 (2) and CN2020-22) pt 2 remainder commenced 1 November 2019 (s 2 (1)) Transport Canberra and City Services Legislation Amendment Act 2023 A2023-27 pt 3 notified LR 7 July 2023 s 1, s 2 commenced 7 July 2023 (LA s 75 (1)) pt 3 commenced 14 July 2023 (s 2) Statute Law Amendment Act 2025 A2025-29 sch 4 pt 4.118 notified LR 6 November 2025 s 1, s 2 commenced 6 November 2025 (LA s 75 (1)) sch 4 pt 4.118 commenced 26 December 2025 (s 2 (7))

Endnotes 4 Amendment history page 68 Litter Act 2004 Effective: 26/12/25 R15 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 4 Amendment history Commencement s 2 om LA s 89 (4) Objects of Act s 6 sub A2019-39 s 5 Meaning of litter s 7 am A2019-39 ss 6-8 Reference to level of litter s 7A ins A2019-39 s 9 Littering s 8 am A2009-1 s 7, s 8; ss renum R5 LA sub A2019-39 s 10 am A2023-27 s 16 Aggravated littering s 9 am A2009-1 s 9 sub A2019-39 s 10 am A2023-27 s 17 Dumping litter s 9A ins A2009-1 s 10 sub A2019-39 s 10 am A2023-27 s 18 Dumping litter—strict liability s 9B ins A2009-1 s 10 sub A2019-39 s 10 am A2023-27 s 19 Dumping litter—penalties for s 9B offences s 9BA ins A2019-39 s 10 Commercial waste s 9C ins A2009-1 s 10 Commercial waste—strict liability s 10 hdg sub A2009-1 s 11 s 10 am A2019-39 s 11 Offences about vehicle loads s 11 am A2019-39 ss 12-15; A2023-27 s 20 Unsecured construction materials s 11A ins A2019-39 s 16

Endnotes Amendment history 4 R15 26/12/25 Litter Act 2004 Effective: 26/12/25 page 69 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Placing advertising leaflets on motor vehicles, buildings or other fixed structures s 13 hdg sub A2019-39 s 17 s 13 am A2017-21 amdts 1.28-1.30; A2019-39 s 18 Incidental vehicle offences s 13A ins A2019-39 s 19 Appointment of authorised people s 14 am A2011-22 amdt 1.295 Identity cards s 15 sub A2005-50 s 4 am A2011-22 amdt 1.295 Power not to be exercised before identity card shown etc s 16 am A2005-50 s 5 Power to require name and address s 17 sub A2005-50 s 6 am A2009-49 amdt 3.111 Dealing with litter div 4.3 hdg sub A2009-1 s 12 Dealing with litter—removal etc by person sdiv 4.3.1 hdg ins A2009-1 s 13 Request to remove litter s 20 am A2019-39 s 20 Notice to remove etc litter s 21 hdg sub A2009-1 s 14 s 21 am A2008-37 amdt 1.304; ss renum R4 LA; A2009-1 s 15; A2011-52 amdt 3.134; A2019-39 ss 21-23; ss renum R12 LA Authority to remove etc litter when direction not complied with s 22 hdg sub A2009-1 s 16 s 22 am A2008-37 amdt 1.305; A2009-1 s 17; A2011-22 amdt 1.295 Liability for cost of removal etc s 23 hdg sub A2009-1 s 18 s 23 am A2009-1 s 18; A2011-52 amdt 3.135 ACAT review of notice under s 21 s 24 sub A2008-37 amdt 1.306 am A2009-1 s 19 om A2019-39 s 24 Dealing with litter—removal etc by Territory sdiv 4.3.2 hdg ins A2009-1 s 20

Endnotes 4 Amendment history page 70 Litter Act 2004 Effective: 26/12/25 R15 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Removal etc of litter—by Territory s 24A ins A2009-1 s 20 am A2011-22 amdt 1.295 Recovery of costs associated with removal etc of litter s 24B ins A2009-1 s 20 am A2011-22 amdt 1.295; A2011-52 amdt 3.136 Dealing with litter affecting amenity etc sdiv 4.3.3 hdg ins A2019-39 s 25 Meaning of amenity impact s 24BA ins A2019-39 s 25 Complaints about amenity impacts s 24BB ins A2019-39 s 25 Notification about proposed abatement notice s 24BC ins A2019-39 s 25 Abatement notices s 24BD ins A2019-39 s 25 Not giving abatement notice s 24BE ins A2019-39 s 25 Abatement notice—extension of compliance period s 24BF ins A2019-39 s 25 Abatement notice—revocation s 24BG ins A2019-39 s 25 am A2025-29 amdt 4.119 Abatement orders s 24BH ins A2019-39 s 25 Joint and separate responsibility for amenity impacts s 24BI ins A2019-39 s 25 Shopping trolleys pt 4A hdg ins A2010-34 s 4 Definitions—pt 4A s 24C ins A2010-34 s 4 def collection area ins A2010-34 s 4 def collection day ins A2010-34 s 4 def collection day notice ins A2010-34 s 4 def removal notice ins A2010-34 s 4 def removal notice location ins A2010-34 s 4 def retailer ins A2010-34 s 4 def retailer collection notice ins A2010-34 s 4 def retailer’s shopping centre precinct ins A2010-34 s 4

Endnotes Amendment history 4 R15 26/12/25 Litter Act 2004 Effective: 26/12/25 page 71 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au def retention area ins A2010-34 s 4 om A2019-39 s 26 def shopping centre ins A2010-34 s 4 def shopping centre precinct ins A2010-34 s 4 def shopping trolley ins A2010-34 s 4 Direction to return shopping trolley s 24D ins A2010-34 s 4 Notice about taking etc shopping trolley outside of shopping centre precinct s 24E ins A2010-34 s 4 Identification of ownership of shopping trolleys s 24F ins A2010-34 s 4 Retailer must keep shopping trolleys within shopping centre precinct s 24G ins A2010-34 s 4 am A2011-22 amdt 1.295 Notice of shopping trolley collection days s 24H ins A2010-34 s 4 am A2011-22 amdt 1.292, amdt 1.295; A2025-29 amdt 4.119 Notice to remove individual shopping trolley s 24I ins A2010-34 s 4 am A2025-29 amdt 4.119 Removal of shopping trolley to retention area s 24J ins A2010-34 s 4 am A2011-22 amdt 1.295 Retention of shopping trolleys s 24K ins A2010-34 s 4 am A2011-22 amdt 1.295; A2025-29 amdt 4.119 Disposal of retained shopping trolleys s 24L ins A2010-34 s 4 am A2011-22 amdt 1.295; A2025-29 amdt 4.119 Recovery of cost of disposal etc of shopping trolley s 24M ins A2010-34 s 4 am A2025-29 amdt 4.119 Removing, defacing or interfering with removal notices s 24N ins A2010-34 s 4 Abandoned vehicles pt 4B hdg ins A2019-39 s 27 Power to enter abandoned vehicle s 24O ins A2019-39 s 27

Endnotes

4 Amendment history page 72 Litter Act 2004 Effective: 26/12/25 R15 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Direction to remove vehicles from public places s 24P ins A2019-39 s 27 am A2025-29 amdt 4.119 Offence—fail to comply with removal direction s 24Q ins A2019-39 s 27 Removal of vehicles at public places by Territory s 24R ins A2019-39 s 27 Disposal of vehicles by Territory s 24S ins A2019-39 s 27 Damage etc to be minimised s 24T ins A2019-39 s 27 Compensation for exercise of enforcement powers s 24U ins A2019-39 s 27 Protection from liability s 24V ins A2019-39 s 27 Review and appeals pt 4C hdg ins A2019-39 s 27 Meaning of reviewable decision—pt 4C s 24W ins A2019-39 s 27 Reviewable decision notices s 24X ins A2019-39 s 27 am A2025-29 amdt 4.119 Applications for review s 24Y ins A2019-39 s 27 am A2025-29 amdt 4.119 Appeals s 24Z ins A2019-39 s 28 Codes of practice s 24ZA ins A2019-39 s 29 am A2025-29 amdt 4.119 Determination of fees s 25 am A2012-21 amdt 3.117; A2025-29 amdt 4.119 Approved forms s 26 am A2011-22 amdt 1.295; A2025-29 amdt 4.119 Regulation-making power s 27 sub A2019-39 s 30 Repeals and consequential amendments pt 6 hdg om LA s 89 (3)

Endnotes Amendment history 4 R15 26/12/25 Litter Act 2004 Effective: 26/12/25 page 73 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Legislation repealed s 28 om LA s 89 (3) Legislation amended s 29 om LA s 89 (3) Reviewable decisions sch 1 om LA s 89 (3) ins A2019-39 s 31 am A2019-39 s 32; items renum R13 LA Dictionary dict am A2008-37 amdt 1.307; A2009-49 amdt 3.112; A2011-22 amdt 1.293, amdt 1.294; A2019-39 s 33 def abatement notice ins A2019-39 s 34 def amenity impact ins A2019-39 s 34 def collection area ins A2010-34 s 5 def collection day ins A2010-34 s 5 def collection day notice ins A2010-34 s 5 def disability ins A2019-39 s 34 def escape ins A2009-1 s 21 sub A2019-39 s 35 def level ins A2019-39 s 36 def litter ins A2012-21 amdt 3.118 def open private place ins A2019-39 s 36 def public place am A2007-16 amdt 3.116 def removal direction ins A2019-39 s 36 def removal notice ins A2010-34 s 5 def removal notice location ins A2010-34 s 5 def responsible person ins A2019-39 s 36 def retailer ins A2010-34 s 5 def retailer collection notice ins A2010-34 s 5 def retailer’s shopping centre precinct ins A2010-34 s 5 def retention area ins A2010-34 s 5 sub A2019-39 s 37 def reviewable decision ins A2019-39 s 36 def shopping centre ins A2010-34 s 5 def shopping centre precinct ins A2010-34 s 5 def shopping trolley ins A2010-34 s 5 def vehicle ins A2019-39 s 36 def waste ins A2019-39 s 36 def waste collection service ins A2019-39 s 36 def waste facility ins A2019-39 s 36

Endnotes 5 Earlier republications page 74 Litter Act 2004 Effective: 26/12/25 R15 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R1 30 Sept 2004

30 Sept 2004– 27 Sept 2005 not amended new Act R2 28 Sept 2005

28 Sept 2005– 10 July 2007 A2005-50 amendments by A2005-50 R3 11 July 2007

11 July 2007– 1 Feb 2009 A2007-16 amendments by A2007-16 R4 2 Feb 2009 2 Feb 2009– 16 Aug 2009 A2008-37 amendments by A2008-37 R5 17 Aug 2009 17 Aug 2009– 16 Dec 2009 A2009-1 amendments by A2009-1 R6 17 Dec 2009

17 Dec 2009– 1 Mar 2011 A2009-49 amendments by A2009-49 R7 2 Mar 2011

2 Mar 2011– 30 June 2011 A2010-34 amendments by A2010-34 R8 1 July 2011 1 July 2011– 11 Dec 2011 A2011-22 amendments by A2011-22 R9 12 Dec 2011

12 Dec 2011– 4 June 2012 A2011-52 amendments by A2011-52 R10 5 June 2012

5 June 2012– 14 Aug 2017 A2012-21 amendments by A2012-21 R11 15 Aug 2017 15 Aug 2017– 31 Oct 2019 A2017-21 amendments by A2017-21 R12 1 Nov 2019

1 Nov 2019– 14 Sept 2020 A2019-39 amendments by A2019-39

Endnotes Earlier republications 5 R15 26/12/25 Litter Act 2004 Effective: 26/12/25 page 75 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Republication No and date Effective Last amendment made by Republication for R13 15 Sept 2020

15 Sept 2020– 13 July 2023 A2019-39 amendments by A2019-39 R14 14 July 2023

14 July 2023– 25 Dec 2025 A2023-27 amendments by A2023-27 © Australian Capital Territory 2025