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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Local Government (Advertising Material) Amendment
Bill 2007
A BILL FOR
An Act to amend the Local Government Act 1999.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Local Government
Act 1999
4 Insertion of sections 235A and
235B
235A Depositing advertising
material
235B Report by member of
public
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Local Government (Advertising Material)
Amendment Act 2007.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Local Government
Act 1999
4—Insertion of
sections 235A and 235B
After section 235 insert:
235A—Depositing advertising
material
(1) A person who deposits advertising material other than—
(a) in a receptacle provided for the deposit of mail or newspapers (not
being a receptacle marked "no junk mail" or with a similar message);
or
(b) in accordance with any conditions prescribed by the
regulations,
is guilty of an offence.
Maximum penalty: $2 500.
Expiation fee: $200.
(2) A person who causes a person to deposit advertising material in
contravention of subsection (1) is guilty of an offence.
Maximum penalty: $2 500.
Expiation fee: $200.
(3) Subsections (1) and (2) do not apply in the case of—
(a) a newspaper prescribed by the regulations, or advertising material
contained within a newspaper prescribed by the regulations; or
(b) advertising material deposited by the owner or occupier of the
premises; or
(c) advertising material deposited with the express consent of the owner
or occupier of the premises; or
(d) advertising material of a political nature; or
(e) advertising material of a religious nature; or
(f) advertising material of a charitable nature; or
(g) advertising material deposited in prescribed circumstances.
(4) In this section—
advertising material includes a catalogue, poster, paper or
similar item;
deposit, in relation to advertising material, includes
causing or allowing the advertising material to fall or be otherwise
deposited.
235B—Report by member of
public
(1) A person who sees a person commit an offence under section 235A
may, by notice in writing in a form approved by the chief executive officer of
the council in whose area the offence occurred, inform that council of the
commission of the offence.
(2) A notice under subsection (1) must—
(a) contain the date, approximate time and place of the offence;
and
(b) contain a description of the offence, including the nature of the
advertising material and any information that may assist in identifying the
offender; and
(c) be signed by the complainant and include the complainant's full name
and address.
(3) A notice under subsection (1) (other than a notice that appears
to have been given frivolously or vexatiously) may constitute grounds for the
issuing of an expiation notice.