144AFExceptions

144AF Exceptions

144AF Exceptions

(1) Section 144AE does not apply to a person who deposited the litter or waste in or on a public place if the person—

(a) deposited the litter or waste in or on the place—

(i) in a receptacle provided by the custodian of the place for the depositing of litter or waste, and

(ii) in accordance with any conditions specified by the custodian, by a notice displayed on or near the receptacle, in relation to the depositing of litter or waste in the receptacle, or

(b) placed a receptacle containing the litter or waste in the place for the purpose of the litter or waste being removed during a litter or waste removal service provided by the custodian of the place, or

(c) deposited the litter or waste in the place—

(i) in response to an invitation contained in a notice published by the custodian of the place, and

(ii) in accordance with any conditions specified in the notice in relation to the depositing of litter or waste in the place, or

(d) deposited the litter or waste in the place with the express consent of the custodian of the place.

(2) Section 144AE does not apply to a person who deposited the litter or waste in or on an open private place if the person—

(a) deposited the litter or waste in or on the place in any receptacle that is—

(i) provided for the depositing of litter or waste, and

(ii) appropriate for litter or waste of that size, shape, nature or volume, or

(b) at the relevant time was the custodian of the place or was acting with the express or implied consent of the custodian of the place.

(3) Section 144AE does not apply to a person who deposited the litter or waste in or on a place if the person—

(a) deposited the litter or waste in the place under an authority conferred by or under this Act or another Act or a Commonwealth Act, or

(b) deposited the litter or waste in accordance with regulations made for the purposes of this section or in circumstances prescribed by regulations made for the purposes of this section.