Litter Amendment Act 2009

Litter Amendment Act 2009

An Act to amend the Litter Act 2007 , to remove doubt as to the validity of certain infringement notices issued under that Act, to amend the Litter (Infringement Notices) Regulations 2007 and for related purposes

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1.   Short title

This Act may be cited as the Litter Amendment Act 2009 .

2.   Commencement

This Act commences on the day on which this Act receives the Royal Assent.

PART 2 - Litter Act 2007 Amended

PART 3 - Litter (Infringement Notices) Regulations 2007 Amended

PART 4 - Miscellaneous

9.   Removal of doubt relating to certain infringement notices

(1)  In this section –

former section 17 of the Principal Act means section 17 of the Principal Act as in force immediately before being substituted by section 4 of this Act;

former section 28 of the Principal Act means section 28 of the Principal Act as in force immediately before being repealed by section 5 of this Act;

registered operator has the same meaning as in the Principal Act;

substituted regulation 4 means regulation 4 of the Litter (Infringement Notices) Regulations 2007 as substituted by section 7 of this Act;

substituted section 17 of the Principal Act means section 17 of the Principal Act as substituted by section 4 of this Act.

(2)  If an infringement notice was served on the registered operator of a motor vehicle or trailer under former section 17 of the Principal Act or former section 28 of the Principal Act, or both of those sections –

(a) that infringement notice; and

(b) the service of that infringement notice; and

(c) a penalty paid in respect of that infringement notice; and

(d) a statutory declaration made in respect of that infringement notice; and

(e) any other act done or omitted to be done in respect of that infringement notice –

are as valid as if substituted section 17 of the Principal Act and substituted regulation 4 were in force at all relevant times and the infringement notice had been served in accordance with substituted section 17.

(3)  If a court makes a finding before 26 February 2009, or under subsection (4) , in relation to the validity of –

(a) an infringement notice served on the registered operator of a motor vehicle or trailer under former section 17 of the Principal Act or former section 28 of the Principal Act, or both of those sections; or

(b) the service of such an infringement notice; or

(c) a penalty paid in respect of such an infringement notice; or

(d) a statutory declaration made in respect of such an infringement notice; or

(e) any other act done or omitted to be done in respect of such an infringement notice –

that finding is not affected by the operation of subsection (2) .

(4)  If before 26 February 2009 the validity of a matter referred to in subsection (3)(a) , (b) , (c) , (d) or (e) is in issue in proceedings before a court, subsection (2) does not apply to those proceedings or their continuation and determination.

10.   Effect of this Act amending Litter (Infringement Notices) Regulations 2007

The substitution by this Act of regulation 4 of the Litter (Infringement Notices) Regulations 2007 does not prevent those regulations, that regulation or any other provision of those regulations from being amended, substituted or rescinded by a subsequent regulation.