9BDumping litter—strict liability

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