37Offence of leaving item unattended in public place

#### 37 Offence of leaving item unattended in public place 37 Offence of leaving item unattended in public place > > (1) A person must not leave an item unattended in a public place— > > > > > (a) in a way that causes the item to obstruct access to or within a public place, or > > > > > (b) in a way that causes the item to pose a risk to persons, animals or the environment, or > > > > > (c) in a way that causes the item to interfere with public amenity, or > > > > > (d) so that it is in the same or substantially the same place for— > > > > > > > (i) the period prescribed by the regulations, or > > > > > > > (ii) if no period is prescribed by the regulations—7 days or more, or > > > > > (e) in another circumstance prescribed by the regulations including, for example, in contravention of— > > > > > > > (i) a code of practice prescribed by the regulations that applies to items of that class, or > > > > > > > (ii) a standard prescribed by the regulations. > > > > Maximum penalty— > > > > > (a) for an individual— > > > > > > > (i) for a class 3 item for which notice has been given under section 29—25 penalty units for each day, or part of a day, the item is not removed after notice is given but not more than a maximum of 75 penalty units, or > > > > > > > (ii) for a class 2 item— > > > > > > > > > (A) for the first item—25 penalty units, and > > > > > > > > > (B) for each additional item in the same public place or circumstance—5 penalty units, but not more than a maximum of 50 penalty units, or > > > > > > > (iii) otherwise—25 penalty units, or > > > > > (b) for a body corporate—125 penalty units. > > > (2) A person must not leave an animal unattended in a public place. > > > > Maximum penalty— > > > > > (a) for the first animal—25 penalty units, or > > > > > (b) for each additional animal in the same public place—5 penalty units, but not more than a maximum of 50 penalty units. > > > (3) Subsection (2) does not apply if the person establishes the person took all reasonable precautions to prevent the animal from being left unattended. > > > (4) A person is not to be regarded as having left property unattended in a public place— > > > > > (a) if the property is in the public place in response to an invitation contained in a notice published by the public authority that owns or controls the place and in accordance with conditions stated in the notice, or > > > > > (b) if the property is in the public place with the consent of the public authority that owns or controls the place, or > > > > > (c) if the presence of the property in the public place is required or permitted by an Act or another law, or > > > > > (d) for an animal that is stock—if the animal is unattended on a road or travelling stock reserve in circumstances set out in the [Local Land Services Act 2013](/view/html/inforce/current/act-2013-051), section 115, or > > > > > (e) for an animal—in circumstances prescribed by the regulations for this section. > > > (5) A court that convicts a person of an offence under this section may order the person to pay to an authority the fees payable in relation to taking possession of, holding and disposing of the property, whether or not the court imposes a penalty for the offence.