11AUnsecured construction materials

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