QueenslandLITTERACT1971Reprinted as in
force on 30 April 1996(includes amendments up to Act No. 44
of 1978)Reprint No. 1This reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copy
Information about this reprintThis
Act is reprinted as at 30 April 1996.The
reprint—•showsthelawasamendedbyallamendmentsthatcommencedonorbeforethat day
(Reprints Act 1992 s 5(c))•incorporatesallnecessaryconsequentialamendments,whetherofpunctuation,numbering or
another kind (Reprints Act 1992 s 5(d)).Thereprintincludesareferencetothelawbywhicheachamendmentwasmade—see list of legislation and list of
annotations in endnotes.MinoreditorialchangesallowedundertheprovisionsoftheReprintsAct1992mentioned in the following list have
also been made to—•update citations and references (pt 4,
div 2)•update references (pt 4, div 3)•expressgenderspecificprovisionsinawayconsistentwithcurrentdraftingpractice (s 24)•use
different spelling consistent with current drafting practice (s
26(2))•use standard punctuation consistent
with current drafting practice (s 27)•use
expressions consistent with current drafting practice (s 29)•relocate marginal or cite notes (s
34)•use aspects of format and printing
style consistent with current drafting practice(s 35)•omit provisions that are no longer
required (ss 37 and 39)•omit unnecessary
referential words (s 41)•omit the enacting
words (s 42A)•number and renumber certain provisions
and references (s 43)•make all
necessary consequential amendments (s 7(1)(k)).Also see endnotes
for information about—•when provisions
commenced•editorial changes made in the reprint,
including—•table of changed names and
titles•table of changed citations and remade
laws•table of obsolete and redundant
provisions•table of renumbered
provisions.
s13s2Litter
Act 1971LITTER ACT 1971[as amended by
all amendments that commenced on or before 30 April 1996]An Act
to make provision for the abatement of litter and for otherpurposes˙Short
title1.This Act may be cited as theLitter Act 1971.˙Interpretation2.In
this Act—“authorised person”means—(a)in relation to any public place—a
police officer;(b)inrelationtoapublicplaceunderthecontrolofalocalgovernment—a
person appointed by that local government to bean authorised
person for the purposes of this Act;(c)inrelationtoapublicplaceotherthanonereferredtoinparagraph(b)—apersonappointedbythepersonorauthorityhaving control
of that place to be an authorised person in relationto
that place for the purposes of this Act.“litter”means any kind of rubbish, refuse or
garbage, and any matter that,whenonapublicplace,causes,contributestoortendstothedefacement or defilement of that
place.“local government”means a local
government constituted under theLocalGovernment Act 1993and Brisbane
City Council constituted under theCity of Brisbane
Act 1924.“public place”means a road
dedicated to public use or open to use by thepublic whether
upon payment of a toll or as of right and a place of
s34s4Litter
Act 1971public resort open to use by the public as
of right.“put”includes to
throw and to deposit.“vehicle”includes a
carriage, cart, dray, wagon, truck, handcart, barrow,bicycle, tricycle, motorcycle, motor car,
motor omnibus, motor truck,motor-utility
truck, and a trailer attached to or drawn by a vehicle.˙Powers of authorised persons3.An authorised person may—(a)require a person whom the authorised
person finds committing orwhomtheauthorisedpersonreasonablysuspectstobecommittingortohavecommittedorwhoisdeemedbysection 9A(1) to have committed an offence
against this Act tostate the person’s full name and usual place
of residence;(b)by virtue of the authority of this Act
arrest a person who beingrequired so to do, fails to state the
person’s full name and usualplace of
residence or who states a name or place of residence thatthe
authorised person reasonably suspects to be false, and take
theperson to a police station or watch-house
there to be detained untiltheperson’sfullnameandusualplaceofresidenceareascertained.˙Police
may stop vehicles3A.Whereacontraventionofsection6iscommittedandthatcontravention
consists of the putting or the dropping and leaving of litter
ona public place from a vehicle a police
officer may require the driver of thevehicle to stop
the vehicle for the purpose of enforcing the provisions of
thisAct.˙Identification of
authorised persons4.(1)Every authorised
person other than a police officer shall be issuedwith
an identity card by the person or authority that appointed the
authorisedpersonwhereinshallbespecifiedthenameoftheauthorisedpersontowhom it is issued and the fact that he
or she is an authorised person for thepurposesofthisActand,wheretheauthorisedpersonisappointedin
s55s6Litter
Act 1971relation to a particular place, a reference
to that place.(2)In the exercise of his or her powers
and functions under this Act anauthorisedpersonshallcarryhisorheridentitycardand,shouldthecircumstances require it, exhibit it for the
purpose of the authorised person’sidentification.(3)An
authorised person shall, upon ceasing to hold that
appointment,surrender his or her identity card—(a)inthecaseofanauthorisedpersonappointedbyalocalgovernment—to
that authority;(b)in the case of an authorised person
appointed otherwise—to theperson or authority that appointed the
authorised person or to thesuccessor to
that person or authority.˙Offence touching
execution of Act5.(1)A person shall
not assault or use insulting or abusive language to anauthorised person who is exercising any of
the authorised person’s powersunder this Act or
is attempting so to do.Maximum penalty—$200 or 6 months
imprisonment.(2)A person shall not fail to comply with
a requisition directed to theperson under this
Act by an authorised person or, in response to such arequisition, give any information that is
false or misleading.Maximum penalty—$100.(3)Apersonshallnothinderorresistanauthorisedpersonwhoisexercisinganyoftheauthorisedperson’spowersunderthisActorisattempting so to
do.Maximum penalty—$100.˙Offence to litter6.(1)A
person shall not—(a)put litter, or cause litter to be put
on a public place; or(b)drop and leave
litter, or cause litter that has been dropped to be lefton a
public place;
s76s7Litter
Act 1971save under the authority of and in accordance
with the requirements of theperson or
authority having control of that public place.(2)A
person who contravenes any provision of subsection (1)
commitsan offence against this Act and is liable to
a penalty of $300 where—(a)thelittermaterialtothechargeconsistsoforincludesbrokenglass or any other substance likely to cause
injury to a personusing the public place; or(b)the court before which the person is
convicted is of opinion thatthe quantity of
litter material to the charge is substantial;and in any other
case to a penalty of $200.(3)It is a defence
to a charge of putting litter, or causing litter to be put
ona public place other than a road to
prove—(a)that the litter was put there as an
incident in the enjoyment of thepublic place as
a place of public resort; and(b)that
the litter was not left on the public place (otherwise than in
areceptacle available for the purpose) longer
than was reasonablefor the purpose of that enjoyment.(4)A person shall not break glass or
cause glass to be broken in a publicplace save under
the authority of and in accordance with the requirements ofthe
person or authority having control of that public place.Maximum penalty—$300.˙Offender may be ordered to clean up7.(1)A court before
which a person is convicted of an offence againstanyprovisionofsection6may,inadditiontoimposingapenaltyasprescribed by that section order the
offender—(a)to clean up the litter material to the
charge and to remove it fromthe public place
concerned within the time appointed in the orderto
the satisfaction of the person specified in the order; and(b)in default of the person complying
with the order of the court orwithadirectionofthepersonsospecifiedwithinthetimeappointed, to
pay a further penalty in such amount, not exceeding$200, as the court thinks fit.
s87s8Litter
Act 1971(2)In every order made pursuant to
subsection (1) the court shall eitherspecify a place
to which the litter is to be removed or direct that it is to
beremoved to a place nominated by the person to
whose satisfaction the litteris to be cleaned
up and removed.(3)When the order made pursuant to
subsection (1) is complied with tothe satisfaction
of the person specified that person shall give or send to
theoffender a written statement to that
effect.(4)Where an order made pursuant to
subsection (1) is not complied withto the
satisfaction of the person specified a justice may, upon the
complaintof that person, issue a summons requiring the
offender in default to showcause before a
Magistrates Court constituted under theJustices Act
1886or,where the offender has not attained the
age of 17 years, before the ChildrensCourtwhythefurtherpenaltyimposedbythatordershouldnotbeenforced.(5)Upon
the hearing of such summons the court—(a)may
extend the time for compliance with the order made pursuantto
subsection (1) whereupon subsections (1) to (4) shall apply
asif such extended time were the time
appointed by the order;(b)may make such
order as it thinks fit.˙Offender may be
ordered to pay for removal of litter8.(1)A
court before which a person is convicted of an offence
againstany provision of section 6, or which upon a
hearing of a summons to showcause issued
pursuant to section 7 does not extend the time appointed asthereinprescribed,may,inadditiontoimposingapenalty,ordertheoffendertopay(withinatimeappointedintheorder)tothepersonorauthorityhavingcontrolofthepublicplaceconcernedsuchsumasitconsiders reasonable for the cleaning up and
removal of the litter material tothe charge from
that public place.(2)A certificate of the clerk of the
court that includes the terms of anorder made
pursuant to this section may be filed in the registry of a
courtthat has jurisdiction in an action for debt
to the extent of the amount soordered to be
paid, or, as the case may be, of the amount remaining
unpaid,and thereupon the order may be enforced as an
order made by that court for
s98s9Litter
Act 1971payment to the person or authority named in
the order of a debt due andowing to the
person or authority.˙Penalties exacted
by way of notice to offender9.(1)When
an authorised person finds a person committing or who isdeemedbysection9A(1)tohavecommittedacontraventionofanyprovision of section 6 and, having
regard to the type and quantity of litterconcerned, the
place where the offence occurs, and the circumstances inwhich
the offence occurs the authorised person believes that
proceedingsunderthissectionareadequatetheauthorisedpersonmay,uponascertaining the offender’s full name and
usual place of residence give theoffender the
notice specified in this section.(2)The
notice—(a)shall be identified by a serial
number;(b)shall identify the person to whom it
is given by the person’s fullname and usual
place of residence;(c)shall state in general terms the
offence which the person has beenfoundcommittingorwhichthepersonisdeemedbysection 9A(1) to have committed;(d)shall inform the person in general
terms that if the person doesnotdesirethemattertobedeterminedinacourthearingtheperson may complete the form attached
to or appearing upon thenoticeandmayforwardordeliverthatformtogetherwithaprescribed sum by way of penalty to the
person named thereinwithin the time appointed in the
notice (which shall be not lessthat 10 days
from the date of the giving of the notice) whereuponthepersonwillnotbeliabletofurtherpenaltyorcostsinthematter;(e)shall inform the person in general terms
that the person has therighttodeclinetoproceedinthemannerdescribedinparagraph (d) and to allow the matter
to be determined in a courthearing—(i)ifthepersondesirestocontestthequestionwhethertheoffence alleged was in fact committed;
or
s
9A9s 9ALitter Act
1971(ii)ifthepersonwishestosubmittothecourtmattersinextenuation of penalty; or(iii)for any other
reason;in which event the person need not reply or
take further action inrespect of the notice and that in such
case court process will issueagainst the
person in due course;(f)shall,wherethepersonisthedriverorpersoninchargeofavehiclewhopursuanttosection9A(1)isdeemedtohavecommitted an
offence, inform the person in general terms of theprovisions of section 9A(2).(3)Where a person to whom a notice is
given pursuant to subsection (1)proceedsinthemannerdescribedinsubsection(2)(d)withinthetimeappointedinthenoticeaproceedingagainstthepersonbywayofprosecution for
the offence alleged in the notice shall not be competent butotherwise such a proceeding may be commenced
as if the notice had notbeen given.˙Offences in respect of vehicles9A.(1)Where an offence
against section 6 consists of the putting or thedroppingandleavingoflitteronapublicplacefromavehicleandtheauthorised officer investigating the
commission of the offence is unable toestablish who
committed the offence, the driver or person in charge of thevehicleshallbedeemedtohavecommittedtheoffenceandmaybeproceeded against
and shall be punishable accordingly.(2)Notwithstandingtheprovisionsofsubsection(1),thedriverorpersoninchargeofavehicleshallnot,byvirtueofthatsubsection,bedeemed to have committed the offence if not
later than 10 days after the dateof service of a
summons on the driver or person for that offence he or shesupplies to—(a)wheretheprosecutionhasbeeninstitutedpursuanttosection10(2)(a)—theinspectorofthepoliceservicewhoisincharge of the
police district in which the offence is committed;(b)wheretheprosecutionhasbeeninstitutedpursuanttosection10(2)(b)—thechiefexecutiveofficerofthelocalgovernment in question;
s
1010s 10Litter Act
1971(c)wheretheprosecutionhasbeeninstitutedpursuanttosection 10(2)(c)—the person or
authority in question;a statement in writing verifying, on
oath or by statutory declaration, to thesatisfaction of
the inspector or, as the case may be, chief executive officer
orpersonorauthoritythatsomeotherpersoncommittedtheoffenceandtherein supplying the name of that other
person and the address at which theother person may
be readily located, or, if that name and address are notknown
to the driver or person, verifying to the satisfaction of the
inspectoror, as the case may be, chief executive
officer or person or authority that heor she did not
know or could not find out the person’s name and address.(3)In any prosecution instituted against
a person named in the statementsupplied under
subsection (2) a copy of the statement shall be served withthe
summons.(3A)The endorsement
of a copy of the statement with an oath of serviceshallbeevidenceofsuchserviceandintheabsenceofevidencetothecontrary shall be conclusive evidence
of such service.(4)Subject to subsections (3) and (3A),
the production by the prosecutorof a statement
supplied under subsection (2) shall be evidence of the factsstatedthereinandintheabsenceofevidencetothecontraryshallbeconclusive evidence of such
facts.(5)Theprovisionsofsubsection(1)wherebythedriverorpersoninchargeofavehiclemaybeproceededagainstforanoffenceagainstsection 6 (which
by subsection (1) the driver or person is deemed to havecommitted) shall not prejudice or affect the
liability of the person by whomthe offence was
actually committed to be proceeded against and punishedtherefor, save that where either of them has
been punished for the offenceby being
convicted therefor or by paying pursuant to section 9 a
prescribedsum of money by way of penalty, then the
other of them shall cease to besubject to any
liability under this Act in respect of the offence.˙Proceedings for offences10.(1)Prosecutions for
offences against this Act shall be taken by way ofsummaryproceedingsundertheJusticesAct1886withintheperiodof1yearaftertheoffenceiscommittedorwithin6monthsafterthecommissionoftheoffencecomestotheknowledgeofthecomplainant,whichever period
is the later to expire.
s
1111s 12Litter Act
1971(2)A prosecution for an offence against
this Act may be instituted—(a)in
relation to an offence committed on any public place—by apolice officer;(b)in
relation to an offence committed on a public place under thecontrol of a local government—by the chief
executive officer ofthat local government or by a person
authorised in that behalf bythat local
government;(c)in relation to an offence committed on
a public place under thecontrolofapersonorauthority(otherthanalocalgovernment)—bythatpersonorauthorityorbyapersonauthorised in that behalf by that person or
authority.˙Appropriation of penalties11.A penalty recovered in respect of an
offence against this Act shall bepaid—(a)where the proceedings for recovery of
the penalty were institutedupon the
resolution of a local government—into the general fundof
the local government;(b)where the
proceedings for recovery of the penalty were institutedby a
person or authority (other than a local government) havingcontrol of the public place concerned or by
a person authorised inthat behalf by that person or
authority—into the fund maintainedby that person
or authority for the purposes of that public place orfor
purposes that include those purposes;(c)where the proceedings for recovery of the
penalty were institutedby a police officer or where there is
no fund to which paymentmay be made to comply with paragraph
(b), into the consolidatedfund of the State.˙Evidentiary provisions12.(1)In
proceedings for an offence against this Act—(a)oral
evidence by any person as to the person’s appointment as anauthorised person is sufficient evidence
thereof;
s
1312s 14Litter Act
1971(b)a writing purporting to be an
authority that authorises the personnamed therein to
institute a prosecution for an offence against thisAct
is evidence and, in the absence of evidence to the contrary,conclusive evidence of the matters contained
therein.(2)In proceedings for an offence against
this Act a statement in thecomplaint—(a)that
a place referred to therein is a road or part of a road
dedicatedto public use or open to use by the public
or is a place of publicresort open to use by the public as of
right, or(b)that a place referred to therein is
under the control of a person orauthority
(including a local government) specified therein, or(c)that the complainant is a police
officer, or is the chief executiveofficer of the
local government specified in the complaint, or(d)that
the defendant named therein has not proceeded in the mannerdescribed in section 9(2)(d) within the time
appointed in a noticegiven to the defendant pursuant to
that section;isevidenceand,intheabsenceofevidencetothecontrary,conclusiveevidence of the
matters contained therein.˙Protection from
liability13.Anauthorisedpersonshallnotincuranyliabilityonaccountofanything done for the purposes of this Act or
done bona fide purportedlyfor the purposes of this Act.˙Regulations14.(1)The
Governor in Council may make regulations not inconsistentwith
this Act prescribing all matters required or permitted by this Act
to beprescribed and all matters that, in the
opinion of the Governor in Council,are necessary or
convenient for the proper administration of this Act or toachieve the objects and purposes of this
Act.(1A)A penalty
prescribed in respect of any breach of the regulationsshall
not exceed $50.(2)Every regulation shall—
s
1413s 14Litter Act
1971(a)be published in the gazette;(b)upon its publication in the gazette,
be judicially noticed and suchpublication
shall be conclusive evidence of the matters containedtherein;(c)take
effect from the date of its publication in the gazette unless
alaterdateisspecifiedinthatoranyotherregulationforitscommencement when in such event it
shall take effect from thatlater
date;(d)be laid before the Legislative
Assembly within 14 sitting daysafter its
publication in the gazette if the Legislative Assembly is insessionandifnotthenwithin14sittingdaysafterthecommencement of the next session.(3)If the Legislative Assembly passes a
resolution of which notice hasbeen given at any
time within 14 sitting days after any such regulation hasbeen
laid before it disallowing the same or any part thereof the
regulation or,asthecasemaybe,suchpartshallthereuponceasetohaveeffectbutwithout prejudice to the validity of
anything done in the meantime or to themaking of a
further regulation.
15Litter Act 19713´AIAamdchdefdivexpgazhdginslapnotfdomo in cpparaprecpresprev==================KeyKey to
abbreviations in list of legislation and annotationsActs
Interpretation Act 1954amendedchapterdefinitiondivisionexpires/expiredgazetteheadinginsertedlapsednotifiedomittedorder in
councilpageparagraphprecedingpresentprevious(prev)procprovptpubdR[X]RArelocrenumrepsschsdivSIASLsubunnum=================previouslyproclamationprovisionpartpublishedReprint
No.[X]Reprints Act 1992relocatedrenumberedrepealedsectionschedulesubdivisionStatutory
Instruments Act 1992subordinate legislationsubstitutedunnumbered´4List of
legislationLitter Act 1971 No. 28date of assent 22
April 1971s 1 commenced on date of assent (see s
1(2))remaining provisions commenced 1 September
1971 (proc pubd gaz 29 March1971 p 673) (see
s 1(2))Note—Repealed by Environmental Protection
Act 1994 No. 62 s 222 sch 2 pt B (notyet proclaimed
into force)as amended by—Litter Act
Amendment Act 1978 No. 44date of assent 8 June 1978commenced 27 July 1978 (see s 2 and proc
pubd gaz 29 July 1978 p 1518)´5List of annotationsShort
titleprov hdgamd R1 (see RA s
7(1)(k))s 1amd R1 (see RA ss 5(d) and 37)Interpretations 2def“vehicle”ins 1978 No. 44 s
3
16Litter Act 1971Powers of
authorised personss 3amd 1978 No. 44 s 4Police
may stop vehicless 3Ains 1978 No. 44 s 5Penalties exacted by way of notice to
offenders 9amd 1978 No. 44 s 6Offences in respect of vehicless
9Ains 1978 No. 44 s 7´6Table of changed names and
titlesTABLE OF CHANGED NAMES AND TITLESunder
the Reprints Act 1992 ss 23 and 23AOldNewReference provision(the/a) Children’sCourtclerk
(of a localauthority)consolidated
revenuelocal authoritymember (of the
policeforce)police
force(the) Childrens Courtchief executive
officer(of a localgovernment)consolidated
fundlocal government(police)
officerpolice serviceChildrens Court
Act 1992 s 28Local Government Act 1993s
796(1)(j)Financial Administration andAudit
Act 1977 s 112Local Government Act 1993s
796(1)(a)Police Service AdministrationAct
1990 s 11.1(1)(c) (seealso s 1.4)Police Service
AdministrationAct 1990 s 11.1(1)(a)´7Table of changed citations and remade
lawsTABLE OF CHANGED CITATIONS AND REMADE
LAWSunder the Reprints Act 1992 ss 21A and
22OldNewReference
provisionLocal GovernmentAct 1936Local
GovernmentAct 1993Local Government
Act 1993s 796(1)(o)
