(1)  A person must not deposit litter in any public place except in a receptacle that the owner or controller of the public place has provided for litter.

Penalty:  Fine not exceeding –

(a) if the litter consists only of a single item of personal litter, 2 penalty units; or

(b) if paragraph (a) of this penalty does not apply but the litter does not exceed 55 litres in volume, 20 penalty units; or

(c) if the litter exceeds 55 litres, but does not exceed 2 cubic metres, in volume, 50 penalty units; or

(d) if the litter exceeds 2 cubic metres, but does not exceed 10 cubic metres, in volume –

(i) 100 penalty units in the case of an individual; or

(ii) 200 penalty units in the case of a body corporate; or

(e) if the litter exceeds 10 cubic metres in volume –

(i) 200 penalty units in the case of an individual; or

(ii) 500 penalty units in the case of a body corporate.

(2)  A person must not, in a public place, deposit litter in any receptacle provided for litter if it is, or reasonably ought to be, evident to the person that –

(a) from markings on the receptacle or elsewhere at the public place, the receptacle is not a suitable receptacle for litter of that nature; or

(b) from the nature of the litter or receptacle, the receptacle is not a suitable receptacle for the litter; or

(c) the receptacle is already full; or

(d) the receptacle has insufficient space, or remaining space, to hold the litter; or

(e) the receptacle is undergoing repairs or maintenance, is sealed or is otherwise temporarily unavailable for use as a receptacle for litter.

Penalty:  Fine not exceeding –

(a) if the litter consists only of a single item of personal litter, 2 penalty units; or

(b) if paragraph (a) of this penalty does not apply but the litter does not exceed 55 litres in volume, 20 penalty units; or

(c) if the litter exceeds 55 litres, but does not exceed 2 cubic metres, in volume, 50 penalty units; or

(d) if the litter exceeds 2 cubic metres, but does not exceed 10 cubic metres, in volume –

(i) 100 penalty units in the case of an individual; or

(ii) 200 penalty units in the case of a body corporate; or

(e) if the litter exceeds 10 cubic metres in volume –

(i) 200 penalty units in the case of an individual; or

(ii) 500 penalty units in the case of a body corporate.

(3)  A person must not, in a public place, deposit litter in any receptacle provided for litter if –

(a) it is, or reasonably ought to be, evident to the person from the nature of the litter that the litter is of household or commercial origin; and

(b) there are no markings on the receptacle to indicate that it is for litter of household or commercial origin.

Penalty:  Fine not exceeding –

(a) if the litter does not exceed 55 litres in volume, 20 penalty units; or

(b) if the litter exceeds 55 litres, but does not exceed 2 cubic metres, in volume, 50 penalty units; or

(c) if the litter exceeds 2 cubic metres, but does not exceed 10 cubic metres, in volume –

(i) 100 penalty units in the case of an individual; or

(ii) 200 penalty units in the case of a body corporate; or

(d) if the litter exceeds 10 cubic metres in volume –

(i) 200 penalty units in the case of an individual; or

(ii) 500 penalty units in the case of a body corporate.

(4)  A person must not deposit litter in any open private place if the person –

(a) is not the owner or occupier of the open private place; and

(b) does not have the consent of the owner or occupier of the open private place to deposit the litter in the open private place.

Penalty:  Fine not exceeding –

(a) if the litter consists only of a single item of personal litter, 2 penalty units; or

(b) if paragraph (a) of this penalty does not apply but the litter does not exceed 55 litres in volume, 20 penalty units; or

(c) if the litter exceeds 55 litres, but does not exceed 2 cubic metres, in volume, 50 penalty units; or

(d) if the litter exceeds 2 cubic metres, but does not exceed 10 cubic metres, in volume –

(i) 100 penalty units in the case of an individual; or

(ii) 200 penalty units in the case of a body corporate; or

(e) if the litter exceeds 10 cubic metres in volume –

(i) 200 penalty units in the case of an individual; or

(ii) 500 penalty units in the case of a body corporate.

(5)  A person must not deposit litter in any open private place in such a way that –

(a) the litter or any part of the litter escapes into a public place or another private place; or

(b) the litter or any part of the litter is likely to escape into a public place or another private place.

Penalty:  Fine not exceeding –

(a) if the litter consists only of a single item of personal litter, 5 penalty units; or

(b) if paragraph (a) of this penalty does not apply but the litter does not exceed 55 litres in volume, 20 penalty units; or

(c) if the litter exceeds 55 litres, but does not exceed 2 cubic metres, in volume, 50 penalty units; or

(d) if the litter exceeds 2 cubic metres, but does not exceed 10 cubic metres, in volume –

(i) 100 penalty units in the case of an individual; or

(ii) 200 penalty units in the case of a body corporate; or

(e) if the litter exceeds 10 cubic metres in volume –

(i) 200 penalty units in the case of an individual; or

(ii) 500 penalty units in the case of a body corporate.

(6)  Subject to subsections (7) and (8) , every offence under this section is an offence of strict liability.

(7)  It is a defence in proceedings for a minor offence under this section if the defendant establishes that the deposition of the relevant litter was accidental and the defendant took reasonable steps to retrieve it.

(8)  It is a defence in proceedings for an offence under this section, other than a minor offence, if the defendant establishes that –

(a) the deposition of the relevant litter was accidental and the defendant took reasonable steps to retrieve it; or

(b) the deposition of the relevant litter was done in good faith in urgent response to a civil or other emergency in order to prevent or minimise a genuine risk to the safety of persons or property; or

(c) the deposition of the relevant litter was an unavoidable consequence of a lawful activity.

(9)  For the purposes of subsection (8)(c) , a consequence is taken to be unavoidable if at the relevant time there was no reasonably practicable way of avoiding it.

(10)  Nothing in this section applies to, or prevents –

(a) the deposition of litter in accordance with any authority lawfully given by or on behalf of the State Crown; or

(b) the deposition of litter in a municipal area in accordance with any authority lawfully given by or on behalf of its council; or

(c) the deposition of litter in any place if there is lawful authority to do so; or

(d) the placement in a public place of a council-supplied receptacle, containing litter from a private property adjacent to or near that public place, for the litter to be removed by and in accordance with the publicised protocols of a council's routine garbage collection or recycling service; or

(e) the placement in a public place of green waste, from a private property adjacent to or near that public place, for removal by and in accordance with the publicised protocols of a council's green-waste collection service; or

(f) the placement of unwanted household items, from a private residence adjacent to or near that public place, for removal by and in accordance with the publicised protocols of a council's periodic clean-up or recycling service.

(11)  In this section –

markings includes words and signs;

minor offence means an offence involving only a single item of personal litter;

nature , of litter, means its nature having regard to –

(a) its composition; and

(b) its size, shape and volume; and

(c) its odour, viscosity, combustibility and perishability; and

(d) its potentialities to cause, in either its instant or a transformed state, a safety, health or environmental hazard;

personal litter means litter consisting of, or like, any of the following:

(a) a bus, movie or parking ticket;

(b) an automatic bank teller docket or sales receipt;

(c) a cigarette butt or piece of chewing gum;

(d) a lolly wrapper, crisp packet, sandwich container or food sachet;

(e) a drinking straw or soft drink bottle;

(f) the core or skin of a piece of fruit;

(g) a fried potato chip;

suitable includes safe.