38Offence of recklessly or negligently leaving item unattended in certain circumstances

38 Offence of recklessly or negligently leaving item unattended in certain circumstances

38 Offence of recklessly or negligently leaving item unattended in certain circumstances

A person commits an offence if the person recklessly or negligently leaves 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—50 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 150 penalty units, or

(ii) for a class 2 item—

(A) for the first item—50 penalty units, and

(B) for each additional item in the same public place or circumstance—10 penalty units, but not more than a maximum of 100 penalty units, or

(iii) otherwise—50 penalty units, or

(b) for a body corporate—250 penalty units.