Australian Capital Territory Numbered Acts

LITTER LEGISLATION AMENDMENT ACT 2019 (NO. 39 OF 2019) - SECT 19

in part 3, insert

13A     Incidental vehicle offences

    (1)     This section applies to the following offences (a relevant offence ):

        (a)     section 8 (1) to (3);

        (b)     section 9 (2);

        (c)     section 9B (1) and (2).

    (2)     An offence against a relevant offence is an incidental vehicle offence if a person commits the offence—

        (a)     near a vehicle before entering the vehicle; or

        (b)     after exiting a vehicle, near the vehicle.

    (3)     However, subsection (2) does not apply if the incidental vehicle offence was committed by a person other than the driver of the vehicle.

    (4)     The Magistrates Court Act 1930

, division 3.8.3 (Additional provisions for vehicle-related offences) applies to an incidental vehicle offence as if a reference in the division to a vehicle-related offence were a reference to an incidental vehicle offence.

Note     An infringement notice offence that involves a vehicle, such as throwing litter out of a car window or using a truck to transport litter for dumping, is a vehicle-related offence under the Magistrates Court Act 1930

, div 3.8.1 if it is declared by a regulation under that Act to be an offence to which div 3.8.3 of that Act applies. The Magistrates Court (Litter Infringement Notices) Regulation 2004

, sch 2 sets out these offences.