24DDirection to return shopping trolley

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