12Leaflets, &c., not to be placed on vehicles or vessels

12 Leaflets, &c., not to be placed on vehicles or vessels

[Section 12 Substituted by No. 50 of 2010, s. 11, Applied:21 Dec 2010]

(1)  A person must not deposit any document on a motor vehicle, or trailer, that is –

(a) in any public place; or

(b) in any designated car park.

Penalty:  Fine not exceeding 20 penalty units.

(2)  A person must not deposit any document on a vessel.

Penalty:  Fine not exceeding 20 penalty units.

(3)  Subsections (1) and (2) do not apply to a person if the person –

(a) is exercising a power given to the person by or under any law; or

(b) has the consent of the person apparently in charge of the relevant motor vehicle, trailer or vessel; or

(c) has the consent of the registered owner or, as the case may be, registered operator of the relevant motor vehicle, trailer or vessel.

(4)  The conditions of an express or implied contract relating to the parking of motor vehicles in a designated car park do not constitute a lawful power for the purposes of subsection (3)(a) , except in respect of documents relating specifically to the management of parking in that designated car park.

(5)  For the purposes of subsection (3)(b) , a person is entitled to assume that –

(a) an adult seated in the driver's seat of a motor vehicle is in charge of that motor vehicle; and

(b) an adult seated in the driver's seat of a motor vehicle to which a trailer is connected is in charge of that trailer; and

(c) an adult seated or standing at the helm of a vessel is in charge of that vessel; and

(d) a person who is driving a motor vehicle alone is an adult.

(6)  In this section –

means a person who is, or who could reasonably be taken from his or her appearance to be, 17 years of age or older;