sec.113Application of pt 3

### sec.113 Application of pt 3 This part applies to an offence against a relevant offence provision if the offence is a vehicle littering or illegal dumping offence. An offence against a relevant offence provision is a vehicle littering or illegal dumping offence if— the offence is committed by a person who is, or becomes, an occupant of a vehicle that is associated with the commission of the offence; and under the State Penalties Enforcement Act 1999 , an offence against the relevant offence provision is prescribed to be an offence to which that Act applies. A vehicle is associated with the commission of an offence against a relevant offence provision if, for example, the person who committed the offence— was in the vehicle when the offence was committed; or was leaving or had just left the vehicle when the offence was committed; or used the vehicle to transport waste to the place where the offence was committed; or committed the offence near the vehicle before entering the vehicle. Despite subsection (1) , this part does not apply to a vehicle littering or illegal dumping offence if— the vehicle associated with the commission of the offence was a public passenger vehicle being used to transport members of the public; and the offence was committed by a person other than the driver of the vehicle. In this section— relevant offence provision means the general littering provision or the illegal dumping of waste provision. (sec.113-ssec.1) This part applies to an offence against a relevant offence provision if the offence is a vehicle littering or illegal dumping offence. (sec.113-ssec.2) An offence against a relevant offence provision is a vehicle littering or illegal dumping offence if— the offence is committed by a person who is, or becomes, an occupant of a vehicle that is associated with the commission of the offence; and under the State Penalties Enforcement Act 1999 , an offence against the relevant offence provision is prescribed to be an offence to which that Act applies. (sec.113-ssec.3) A vehicle is associated with the commission of an offence against a relevant offence provision if, for example, the person who committed the offence— was in the vehicle when the offence was committed; or was leaving or had just left the vehicle when the offence was committed; or used the vehicle to transport waste to the place where the offence was committed; or committed the offence near the vehicle before entering the vehicle. (sec.113-ssec.4) Despite subsection (1) , this part does not apply to a vehicle littering or illegal dumping offence if— the vehicle associated with the commission of the offence was a public passenger vehicle being used to transport members of the public; and the offence was committed by a person other than the driver of the vehicle. (sec.113-ssec.5) In this section— relevant offence provision means the general littering provision or the illegal dumping of waste provision. - (a) the offence is committed by a person who is, or becomes, an occupant of a vehicle that is associated with the commission of the offence; and - (b) under the State Penalties Enforcement Act 1999 , an offence against the relevant offence provision is prescribed to be an offence to which that Act applies. - (a) was in the vehicle when the offence was committed; or - (b) was leaving or had just left the vehicle when the offence was committed; or - (c) used the vehicle to transport waste to the place where the offence was committed; or - (d) committed the offence near the vehicle before entering the vehicle. - (a) the vehicle associated with the commission of the offence was a public passenger vehicle being used to transport members of the public; and - (b) the offence was committed by a person other than the driver of the vehicle.