13AIncidental vehicle offences

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.