Litter Amendment Act 2009
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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 [Royal Assent 9 June 2009]
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
3.
The amendments effected by this Part have been incorporated into the authorised version of the
Litter Act 2007 .
4.
The amendments effected by this Part have been incorporated into the authorised version of the
Litter Act 2007 .
5.
The amendments effected by this Part have been incorporated into the authorised version of the
Litter Act 2007 .
PART 3 - Litter (Infringement Notices) Regulations 2007 Amended
6.
The amendments effected by this Part have been incorporated into the authorised version of the
Litter (Infringement Notices) Regulations 2007 .
7.
The amendments effected by this Part have been incorporated into the authorised version of the
Litter (Infringement Notices) Regulations 2007 .
8.
The amendments effected by this Part have been incorporated into the authorised version of the
Litter (Infringement Notices) Regulations 2007 .
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means section 28 of the Principal Act as in force immediately before being repealed by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.
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