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House of Assembly - Fifty-Fifth Parliament, First Session (55-1)
2025-10-29 Daily Xml
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Local Nuisance and Litter Control (Miscellaneous) Amendment Bill

Final Stages

The Legislative Council agreed to the bill with the amendments indicated by the following schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly:

No. 1. Clause 14, page 10, line 22 [clause 14, inserted section 24A(b)]—Delete 'or QR code' and substitute ', QR code or other means of communication prescribed by the regulations'

No. 2. Clause 14, page 11, lines 1 to 3 [clause 14, inserted section 24B(1)]—

Delete 'immediately after receiving that notification or becoming so aware, ensure that the trolley is collected from that place.' and substitute:

subject to any other law of the State, ensure that the trolley is collected from that place as soon as reasonably practicable (but in any event no later than the end of the next day of trading of the business) after receiving that notification or becoming so aware.

No. 3. Clause 14, page 11, line 15 [clause 14, inserted section 24B(3)]—After 'applies,' insert 'and subject to any other law of the State,'

No. 4. Clause 14, page 11, after line 22 [clause 14, inserted section 24B]—After subsection (3) insert:

(4) In any proceedings where it is alleged that a person contravened subsection (3) it will be a defence if it is proved that—

(a) the collection of the trolley posed an unacceptable risk to the health or safety of a person collecting the trolley; or

(b) the trolley was not reasonably able to be collected using standard means, equipment or machinery; or

(c) the trolley was not able to be collected on grounds, or in circumstances, prescribed by the regulations.

(5) A person who would, but for the defence provided by subsection (4), have contravened subsection (3) is, despite that defence, to be taken to have contravened that subsection for the purposes of the issuing or enforcement of a litter abatement notice in respect of the contravention.

No. 5. Clause 15, page 13, after line 22—After subclause (3) insert:

(3a) Section 30(8)—delete subsection (8) and substitute:

(8) The Minister or a council may, by written notice served on a person to whom a notice under this section has been issued by the Minister or council, vary or revoke the notice—

(a) in the case of a litter abatement notice that contains a requirement to prepare a plan of action that includes shopping trolley management requirements—on the application of the person to whom the notice was issued, if the Minister or council is satisfied that it is appropriate in the circumstances; and

(b) in any case—on their own initiative.

(8a) An application under subsection (8)(a)—

(a) may not be made within the period of 12 months immediately following the issue of the litter abatement notice to the person; and

(b) must be made in the manner and form, and include the information, required by the Minister or the council (as the case requires).


At 22:28 the house adjourned until Thursday 30 October 2025 at 11:00.