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.