Litter Act 1979 (WA)

Western Australia Litter Act 1979 Western Australia Litter Act 1979 Contents Part I — Preliminary 1. Short title 2 2. Commencement 2 4. Effect of Act on other laws 2 5. Terms used 2 Part II — The Keep Australia Beautiful Council (W.A.) 6. Council established etc. 5 7. Objects and functions 5 8. Powers 5 9. Members of Council and appointment etc. of 6 10. Chairman 8 11. Deputy Chairman 8 12. Members etc., application of other laws to 9 13. Supporting members 9 14. Committees 10 15. Staff 11 16. Staff and facilities of departments etc., use of 11 17. Professional people, engagement of 12 Part III — Finance and accounts 18. Keep Australia Beautiful Council (W.A.) Fund 13 19. Investing part of Fund, powers as to 14 20. Use of Fund 14 21. Financial Management Act 2006 and Auditor General Act 2006, application of 15 Part IV — Prevention of litter 23. Littering, offence 16 24. Breaking glass etc., offence 16 24A. Bill posting, offence 17 24B. Inciting etc. bill posting, offence 17 25. Rubbish bins etc., owner of certain land may be required to provide etc. 18 Part V — Enforcement, proceedings and penalties 26. Authorised officers, appointment and jurisdiction of etc. 20 27. Authorised officers, powers of 22 27A. Offences involving vehicles, presumptions as to offender etc. 23 27AA. Honorary inspectors, appointment of 26 28. Court may order offender to remove litter etc. 26 29. Court may order offender to pay costs of removing litter etc. 27 30. Infringement notices 27 31. Penalties, application of 29 32. Defence of consent, proof of 30 Part VI — Regulations and rules 33. Regulations 31 34. Rules 33 Part VII — Transitional 35. Commencement and interpretation 34 36. Dissolution of former Association 34 37. Property, proceedings etc. 34 38. Membership 35 First Schedule — Provisions relating to the constitution and proceedings of the Council 1. When vacancies occur 36 2. Deputies of members, appointment of etc. 36 3. Who presides at meetings 37 4. Meetings, convening 37 5. Quorum 38 6. Voting 38 7. Minutes 38 8. Pecuniary interests, disclosure of 38 9. Vacancy etc. not to affect validity of Council's acts etc. 38 10. Common seal 39 11. Procedure where none prescribed 39 Second Schedule — Objects and functions of the Council Third Schedule — Institutions of proceedings Notes Compilation table 44 Uncommenced provisions table 47 Other notes 47 Defined terms Western Australia Litter Act 1979 An Act to make provision for the abatement of litter, to establish, incorporate and confer powers upon the Keep Australia Beautiful Council (W.A.), and for incidental and other purposes. Part I — Preliminary 1. Short title This Act may be cited as the Litter Act 1979. 2. Commencement Subject to this Act the provisions of this Act shall come into operation on such date or dates as is or are respectively fixed by proclamation. [3. Deleted: No. 49 of 1981 s. 3.] 4. Effect of Act on other laws (1) The provisions of this Act are complementary to and not in derogation of the provisions of any other law of the State. (2) Without limiting the generality of subsection (1), this Act shall not be construed so as to prevent any person from being prosecuted under any other law of the State for an offence punishable by this Act, or from being liable under any other law of the State to any other or higher penalty or punishment than is provided for the offence by this Act. (3) Nothing in this section affects the operation of section 11 of the Sentencing Act 1995. (4) In this section law of the State means an Act or any regulations, rules, local laws, by‑laws or statute having effect by virtue of an Act. [Section 4 amended: No. 14 of 1996 s. 4; No. 78 of 1995 s. 67.] 5. Terms used (1) In this Act, unless the contrary intention appears — appointed area means an area set aside by a public authority on land under its control as an area for the deposit of litter; authorised officer means a person to whom section 26(1) applies; bill means any poster, placard, handbill, sticker, or other material or object manufactured, printed, drawn or produced for the purpose of advertising or promoting any thing, cause, function, event or occasion of any kind; Chairman means the Chairman of the Council; Council means the Keep Australia Beautiful Council (W.A.) established by section 6; Department means a Department of the Public Service of the State; Fund means the Keep Australia Beautiful Council (W.A.) Fund established under section 18; land means any land in the open air; litter includes — (a) all kinds of rubbish, refuse, junk, garbage or scrap; and (b) any articles or material abandoned or unwanted by the owner or the person in possession thereof, but does not include dust, smoke or other like products emitted or produced during the normal operations of any mining, extractive, primary or manufacturing industry; member of the Council means a member appointed under section 9; post, in relation to a bill, means affix the bill by any means to an object; prescribed means prescribed in the regulations; private land means land that is used and held in accordance with the requirements of section 32; public authority means a Department or State instrumentality, a local government within its district, and any other person or body, whether corporate or not, who or which under the authority of any Act is charged with the carrying out of any duty whilst acting in the discharge of that duty; public place means any thoroughfare, as defined in the Local Government Act 1995, and any other land which the public are allowed to use; supporting member means a person, body or organization affiliated with the Council under section 13; waters includes — (a) any inland waters, whether running or still, permanent or temporary, or natural or artificially created; and (b) any part of the seas within the jurisdiction of the State. (2) For the purposes of this Act litter is deposited on land or on or in waters if — (a) it is placed, put, left, dropped or thrown there; or (b) it is allowed to fall there or be carried there by the action of wind or water, or both. [Section 5 amended: No. 18 of 1986 s. 4; No. 6 of 1996 s. 4; No. 14 of 1996 s. 4.] Part II — The Keep Australia Beautiful Council (W.A.) 6. Council established etc. (1) A body corporate with perpetual succession is hereby established under the name "Keep Australia Beautiful Council (W.A.)". (2) The Council shall have a common seal and all courts, judges and persons acting judicially shall take judicial notice of the common seal of the Council and shall presume that it was duly affixed. (3) The provisions of the First Schedule shall have effect with respect to the constitution and proceedings of the Council. 7. Objects and functions (1) Subject to this Act, the objects and functions of the Council are those set out in the Second Schedule. (2) The Governor may, by Order in Council, at the request of the Council amend by adding to, taking away from, varying or modifying any of the objects or functions contained in the Second Schedule. 8. Powers The Council may do all acts and things that may be necessary to be done to enable it to achieve its objects and perform its functions and, in particular and in addition to any other powers conferred on it by this Act, the Council may in its corporate name — (a) acquire, hold and dispose of real and personal property; (b) accept any gift, whether by will or inter vivos, of any real or personal property or any interest or estate therein, or disclaim the benefit of any such gift; (c) sue and be sued; (d) do and suffer all that bodies corporate may do and suffer. 9. Members of Council and appointment etc. of (1) The Council shall consist of 15 members appointed by the Minister of whom — (a) one shall be appointed on the nomination of the body known as The Soft Drink Manufacturers' Association (W.A.); (b) one shall be appointed on the nomination of the Chamber of Commerce and Industry to represent the brewing industry; (c) one shall be appointed on the nomination of the body known as The Packaging Council of Australia (Western Australian Division); (d) one shall be appointed on the nomination of the Chamber of Commerce and Industry to represent manufacturers of cans; (e) one shall be appointed on the nomination of the Chamber of Commerce and Industry to represent manufacturers of glass; (f) one shall be appointed on the nomination of the Chamber of Commerce and Industry to represent manufacturers of paper products; (g) one shall be appointed on the nomination of the chief executive officer of the department referred to in section 228 of the School Education Act 1999; (h) one shall be appointed on the nomination of the Departmental CEO as defined in section 1.4 of the Local Government Act 1995; (i) one shall be appointed on the nomination of the CEO as defined in section 3 of the Conservation and Land Management Act 1984; (j) 2 shall be appointed on the nomination of the body known as the Western Australian Local Government Association; (k) one shall be appointed on the nomination of UnionsWA; [(ka) deleted] (kb) one shall be appointed on the nomination of the body known as The Conservation Council of Western Australia (Incorporated); (kc) one shall be appointed to represent the interests of persons as consumers; (l) one shall be a person with special knowledge of or experience in either litter prevention or environmental matters, or both. (2) A nomination referred to in subsection (1)(a), (b), (c), (d), (e), (f), (j), (k), (ka) or (kb) shall take the form of a panel of the names of at least 3 persons each of whom is willing to accept appointment as a member of the Council. (3) An officer mentioned in paragraph (g), (h) or (i) of subsection (1) may, if he so wishes, nominate himself for appointment as a member of the Council pursuant to that paragraph. (4) Subject to clause 1 of the First Schedule a member of the Council shall hold office for such period not exceeding 3 years as is specified in the instrument of his appointment and is eligible for re‑appointment. (5) The Minister shall cause notice of appointments to the respective offices of members of the Council to be published in the Gazette. (6) In this section — Chamber of Commerce and Industry means the Chamber of Commerce and Industry of Western Australia (Inc). [Section 9 amended: No. 18 of 1986 s. 5; No. 7 of 1988 s. 21; No. 22 of 1996 s. 16(7); No. 36 of 1999 s. 247; No. 49 of 2004 s. 13; No. 28 of 2006 s. 213; No. 8 of 2009 s. 86; No. 53 of 2011 s. 59.] 10. Chairman (1) The Minister shall appoint a member of the Council, not being a member who is an officer in the Public Service of the State, to be the Chairman of the Council. (2) The office of Chairman becomes vacant if — (a) the person holding the office resigns the office by notice in writing to the Minister; or (b) the person holding the office ceases to be a member of the Council; or (c) the Minister declares the office to be vacant. (3) There shall be paid to the Chairman, from moneys standing to the credit of the Fund, such remuneration and allowances as the Governor determines. [Section 10 amended: No. 49 of 1996 s. 64.] 11. Deputy Chairman (1) At the first meeting of the Council and thereafter at the first meeting of the Council held after 30 June in each year the members of the Council shall elect from among their number a Deputy Chairman. (2) Subject to subsection (3) a person elected to the office of Deputy Chairman of the Council shall hold office until the next election for that office is held under subsection (1), but is eligible for re‑election. (3) The office of Deputy Chairman of the Council becomes vacant if — (a) the person holding the office resigns the office by notice in writing to the Chairman; (b) the person holding the office ceases to be a member of the Council; (c) the person holding the office is appointed to be the Chairman. (4) Where a casual vacancy occurs in the office of Deputy Chairman the members of the Council shall elect one of their number to hold the office until the next election is held under subsection (1). 12. Members etc., application of other laws to Acceptance of or acting in any office under section 9, 10 or 11 by any person does not of itself render the provisions of Part 3 of the Public Sector Management Act 1994, or any other Act applying to persons as officers of the Public Service of the State, applicable to that person, or affect or prejudice the application to him of those provisions if they applied to him at the time of the acceptance of or acting in that office. [Section 12 amended: No. 32 of 1994 s. 19.] 13. Supporting members (1) Any person, body or organization may become affiliated with the Council as a supporting member. (2) The Council shall make such arrangements as are necessary — (a) to ensure that supporting members have the opportunity to participate in the work of the Council; and (b) to enable supporting members to meet from time to time to discuss matters relating to the objects and functions of the Council and pass on their views to the Council. 14. Committees (1) The Council may from time to time — (a) constitute committees by appointing any number of persons to be members of the committees, and abolish a committee so constituted by dismissing all the members of the committee; and (b) assign names to the committees so constituted; and (c) subject to the approval of the Minister, delegate to a committee such of its functions, duties, discretions, and powers, except this power of delegation, for such time and subject to such conditions as the Council determines and the committee shall exercise and perform the functions, duties, discretions, and may exercise the powers, so delegated to it; and (d) dismiss any member of a committee and appoint another person to the office of the dismissed member; and (e) appoint additional members to any committee. (2) Any member of the Council, supporting member or other person may be a member of a committee but the Council shall — (a) appoint at least one member of the Council to be a member of each committee; and (b) appoint as Chairman of a committee, a member of the Council appointed to that committee pursuant to paragraph (a). (3) The Chairman of the Council shall be ex officio a member of each committee. (4) Where the Chairman of the Council is unable to be present at a meeting of a committee the Deputy Chairman of the Council may attend that meeting in place of the Chairman and act for the Chairman thereat. (5) A delegation under subsection (1) is revocable at will and the delegation does not prevent the exercise of performance by the Council of any of its functions, duties, discretions or powers under this Act. 15. Staff (1) The Council may, with the approval of the Minister, appoint such officers and engage such employees as are necessary to enable it to efficiently achieve its objects and perform its functions and may supervise, control, suspend and dismiss such officers and employees. (2) Persons appointed or engaged under subsection (1) may be employed on a full‑time or part‑time basis. (3) Subject to any relevant award or industrial agreement the terms and conditions of employment of persons appointed or engaged under subsection (1), including the salary or wages payable, are such terms and conditions as the Council, on the recommendation of the Public Sector Commissioner and with the approval of the Minister, determines. (4) Part 3 of the Public Sector Management Act 1994 does not apply to or in relation to persons appointed or engaged under subsection (1). (5) Notwithstanding anything in this section, to the extent that there is in the case of a person who is appointed under subsection (1) to be an officer and who is a member of the Senior Executive Service within the meaning of the Public Sector Management Act 1994 an inconsistency between this Act and that Act that Act shall prevail. [Section 15 amended: No. 113 of 1987 s. 32; No. 32 of 1994 s. 19; No. 28 of 2006 s. 214; No. 39 of 2010 s. 89.] 16. Staff and facilities of departments etc., use of (1) The Council may by arrangement with the Minister concerned and upon such terms and conditions as may be mutually arranged with such Minister, make use, either full‑time or part‑time of — (a) the services of any officer or employee employed in the Public Service of the State or in a State instrumentality or otherwise in the service of the Crown in this State; or (b) any facilities of a Department or of a State instrumentality. (2) An arrangement under subsection (1) with regard to the services of an officer or employee does not affect his rights under the Public Sector Management Act 1994 or any other Act applying to him as a public servant. [Section 16 amended: No. 28 of 2006 s. 214.] 17. Professional people, engagement of The Council may, with the approval of the Minister, engage and remunerate for their services such professional persons or agents as the Council considers may be necessary for the achievement or performance of any of its objects or functions. Part III — Finance and accounts 18. Keep Australia Beautiful Council (W.A.) Fund (1) For the purposes of this Act there shall be established a fund to be called the "Keep Australia Beautiful Council (W.A.) Fund". (2) An account called the Keep Australia Beautiful Council (W.A.) Fund Account is to be established — (a) as an agency special purpose account under section 16 of the Financial Management Act 2006; or (b) with the approval of the Treasurer, at a bank as defined in section 3 of that Act, to which all monies from time to time belonging to the Fund are to be credited. (3) The Fund shall consist of — (a) moneys from time to time appropriated by Parliament for the purposes of this Act; (b) voluntary contributions from manufacturers and distributors of products that — (i) are capable of becoming litter; or (ii) are distributed in packaging or containers capable of becoming litter, or from agents of such manufacturers and distributors; (c) gifts of money made for the purposes of this Act, and the proceeds of other gifts made for those purposes; (d) the income derived from the investment of money forming part of the Fund; (e) the proceeds of disposal of property; (f) moneys from time to time derived by the Council from subscriptions and from penalties; (g) any other moneys that may lawfully be received by the Council. [Section 18 amended: No. 49 of 1996 s. 57; No. 77 of 2006 Sch. 1 cl. 100(1).] 19. Investing part of Fund, powers as to Where any money forming part of the Fund is not immediately required for the purposes of this Act, the Council may, with the approval of the Treasurer of the State invest it in any investments authorised by law as in force immediately before the coming into operation of the Trustees Amendment Act 1997 as those in which trust funds may be invested. [Section 19 amended: No. 1 of 1997 s. 18.] 20. Use of Fund (1) Subject to subsection (2) the Council may use and apply money standing to the credit of the Fund for or towards any of its objects, or in the exercise of any of its functions, and in particular may use and apply that money for all or any of the following purposes — (a) the payment of the expenses of administering this Act; (b) the payment of the general administrative expenses of the Council; (c) the payment of salaries and wages to its officers and employees and the remuneration of professional persons and agents engaged by it; (d) the making of grants to persons or organizations approved by the Council to enable or assist those persons or organizations to undertake studies or implement programmes in connection with the objects and functions of the Council. (2) Where gifts of money, bequests, or other gifts, have been made upon conditions for the purposes of this Act, the Council shall use or apply money representing those gifts and bequests in accordance with the conditions upon which they were made. [Section 20 amended: No. 98 of 1985 s. 3; No. 49 of 1996 s. 64.] 21. Financial Management Act 2006 and Auditor General Act 2006, application of The provisions of the Financial Management Act 2006 and the Auditor General Act 2006 regulating the financial administration, audit and reporting of statutory authorities apply to and in respect of the Council and its operations. [Section 21 inserted: No. 98 of 1985 s. 3; amended: No. 77 of 2006 Sch. 1 cl. 100(2).] [22. Deleted: No. 98 of 1985 s. 3.] Part IV — Prevention of litter 23. Littering, offence Any person who deposits litter, or causes litter to be deposited, on any land or on or into any waters commits an offence unless the litter is deposited — (a) on private land by consent; or (b) in an appointed area; or (c) in a place or receptacle set aside or provided for that purpose; or (d) on land adjacent to private land by arrangement with, or at the invitation of, a public authority with a view to the litter being collected and removed by the public authority. Penalty: (a) for an individual, a fine of $5 000; (b) for a body corporate, a fine of $10 000. [Section 23 amended: No. 6 of 1996 s. 5; No. 30 of 2012 s. 4.] 24. Breaking glass etc., offence Any person who breaks any glass, metal or earthenware, or causes any glass, metal or earthenware to be broken, on any land or into any waters, commits an offence unless the glass, metal or earthenware, as the case may be, is broken — (a) on private land by consent; or (b) in an appointed area with the consent of the public authority by which the area was set aside. Penalty: (a) for an individual, a fine of $5 000; (b) for a body corporate, a fine of $10 000. [Section 24 amended: No. 6 of 1996 s. 6; No. 30 of 2012 s. 5.] 24A. Bill posting, offence (1) Any person who leaves or posts a bill on any building, fence, furniture, pillar, post, screen, tree, structure, wall or other object on or adjacent to a public place or vacant land commits an offence unless the bill is left or posted with the consent of the owner or occupier of the object on which the bill is left or posted. Penalty: (a) for an individual, a fine of $5 000; (b) for a body corporate, a fine of $10 000. (2) Any person who leaves or posts a bill on or in any unoccupied vehicle in a public place commits an offence unless the bill is left or posted with the consent of the owner or person in charge of the vehicle. Penalty: (a) for an individual, a fine of $5 000; (b) for a body corporate, a fine of $10 000. (3) A person who leaves a bill in a letter box or similar receptacle for mail does not commit an offence under subsection (1). [Section 24A inserted: No. 6 of 1996 s. 7; amended: No. 30 of 2012 s. 6.] 24B. Inciting etc. bill posting, offence (1) Any person who incites, causes, counsels or procures some other person to leave or post a bill on any building, fence, furniture, pillar, post, screen, tree, structure, wall or other object on or adjacent to a public place or vacant land in contravention of section 24A(1) or on or in any unoccupied vehicle in a public place in contravention of section 24A(2) commits an offence. Penalty: a fine of $10 000. (2) Notwithstanding any other enactment, the penalty in subsection (1) applies whether the offender is a natural person or a body corporate. [Section 24B inserted: No. 6 of 1996 s. 7; amended: No. 30 of 2012 s. 7.] [24C. Deleted: No. 9 of 2023 s. 97.] 25. Rubbish bins etc., owner of certain land may be required to provide etc. (1) This section applies to any area of land that is frequented by the public for or in connection with business, commercial, recreational or other purposes and whether on payment of a fee or not. (2) A public authority in whose district or area of jurisdiction an area of land to which this section applies is situated may by notice in writing served on a person who is the owner of, or has the control of that area — (a) require that person to provide and maintain on that area such number of litter receptacles of a type specified in the notice as is specified in the notice; and (b) give such directions as the public authority thinks fit in order to ensure that those receptacles are placed in positions where they will be most effective. (3) A public authority may, in writing, request the Council to exercise the powers conferred on the public authority by subsection (2) in relation to an area of land specified in the request and the Council may exercise those powers in terms of that request and, where it does so, references in this section to the public authority shall be read and construed as references to the Council. (4) A notice served under subsection (2) in respect of an area of land may be — (a) replaced or varied by a subsequent notice served under that subsection on the owner or person who has the control of that area; (b) rescinded by notice in writing served on the owner or person who has the control of that area. (5) A notice served under subsection (2) shall come into force on such date (being a date not less than 60 days after the service of the notice) as is specified therein unless, before that date, an application for a review of any requirement or direction in the notice has been made pursuant to subsection (6). (6) A person who is dissatisfied with any requirement or direction in a notice served under subsection (2) may apply to the State Administrative Tribunal for a review of the requirement or direction. [(7), (8) deleted] (9) Where any requirement or direction in a notice as in force under this section in respect of an area of land is not being complied with, the owner or person who has the control of that area is guilty of an offence. Penalty: a fine of $1 000 together with a daily penalty of $100 in respect of each day on which the offence continues. (10) Where a person provides litter receptacles in accordance with the requirements of a notice served under subsection (2) he shall forthwith advise the public authority to that effect. (11) A person who has provided litter receptacles in accordance with the requirements of a notice served under subsection (2) shall ensure that those receptacles are emptied as often as is necessary or as is required by the public authority. [Section 25 amended: No. 6 of 1996 s. 8; No. 55 of 2004 s. 659; No. 30 of 2012 s. 8.] Part V — Enforcement, proceedings and penalties 26. Authorised officers, appointment and jurisdiction of etc. (1) For the purposes of this Act an authorised officer is — (a) any member of the Police Force; (b) any person appointed as such pursuant to subsection (2) within the area of jurisdiction entrusted to him by the appointment; (c) within the district of a local government, any person who is — (i) a member of the council of the local government; or (ii) an employee of the local government; or (iii) an honorary inspector appointed by the local government under section 27AA. (2) The CEO, as defined in the Environmental Protection Act 1986 section 3(1), may appoint — (a) any officer or employee of the Council appointed or engaged under section 15(1); or (b) any officer or employee whose services the Council makes use of by arrangement under section 16(1); or (c) any person who is or acts in the office of — (i) an inspector, under the Environmental Protection Act 1986; or (ii) a conservation and land management officer, forest officer, wildlife officer or ranger, under the Conservation and Land Management Act 1984; or [(iii), (iv) deleted] (v) a member of the staff of The Western Australian Museum constituted by the Museum Act 1969; or (vi) an inspector or honorary warden, under the Waterways Conservation Act 1976; or (vii) a fisheries officer referred to in the Fish Resources Management Act 1994; or (viii) a bush fire liaison officer, under the Bush Fires Act 1954; or (ix) an inspector, under the Western Australian Marine Act 1982; or (d) any person who holds or acts in an office of a public authority being an office prescribed in the regulations, to be an authorised officer for the purposes of this Act either in respect of the whole of the State or any part thereof defined in the appointment. (3) A person holding office as an authorised officer by virtue of subsection (1)(c) — (a) has within the district in respect of which he holds office the duties of and powers of an authorised officer under this Act, and may exercise those powers within that district; (b) may exercise the powers conferred on him by this Act in relation to any person whom he has reason to believe is concerned in a contravention of this Act notwithstanding that such person is not then within the district in respect of which he holds office if that person was pursued from that district or is known to have been in that district at the time of the contravention. (4) A person who is appointed as an authorised officer pursuant to subsection (2) — (a) has within the area of jurisdiction entrusted to him by the appointment the duties and powers of an authorised officer under this Act, and may exercise those powers within that area; and (b) may exercise the powers conferred upon him by this Act in relation to any person whom he has reason to believe is concerned in a contravention of this Act notwithstanding that such person is not then within the area of jurisdiction entrusted to him if that person was pursued from that area or is known to have been in that area at the time of the contravention; and (c) shall be issued with a certificate of his appointment as an authorised officer in the prescribed form, evidencing the area of jurisdiction entrusted to him under this Act, which he shall, on reasonable demand, produce for inspection by any person. [Section 26 amended: No. 49 of 1981 s. 4; No. 53 of 1994 s. 264; No. 24 of 1995 s. 55; No. 14 of 1996 s. 4; No. 28 of 2006 s. 215; No. 30 of 2012 s. 9.] 27. Authorised officers, powers of (1) An authorised officer may require a person whom he finds committing or whom he reasonably suspects to be committing or to have committed an offence against this Act to state his full name and usual place of residence. (1a) Any owner of a vehicle and any person to whom for the time being the possession or control of a vehicle may be entrusted shall, if required by an authorised officer, give any information which it is in his power to give, which may lead to the identification of any person who was driving or who was in charge or control of the vehicle at the time that, or at about the time that, an offence against this Act is alleged to have been committed. Penalty: a fine of $1 000. (2) An authorised officer who finds a person contravening section 23, 24 or 24A may order that person — (a) to remove the material the subject of the offence from the land or waters; or (b) to deposit the material the subject of the offence in the nearest place or receptacle set aside or provided for the deposit of litter, within such time as the authorised officer may direct. (3) A person shall not — (a) fail to comply with a requisition directed to him under subsection (1) or (2) by an authorised officer; or (b) in response to a requisition directed to him under subsection (1) by an authorised officer, give any information that is false or misleading. Penalty: a fine of $1 000. [Section 27 amended: No. 18 of 1986 s. 6; No. 6 of 1996 s. 9; No. 30 of 2012 s. 10.] 27A. Offences involving vehicles, presumptions as to offender etc. (1A) In this section — infringement notice means an infringement notice under section 30; prosecution notice means a prosecution notice under the Criminal Procedure Act 2004; relevant time, in relation to an offence, means the time at which the offence is alleged to have been committed; responsible person, for a vehicle, means — (a) if the Road Traffic (Administration) Act 2008 section 6 is in operation — a person responsible for the vehicle under that section; or (b) if the Road Traffic (Administration) Act 2008 section 6 is not in operation — a person responsible for the vehicle under the Road Traffic Act 1974 section 5A. (1) Where an offence against section 23 or 24 consists of the depositing of litter or causing litter to be deposited on any land or on or into any waters from a vehicle or the breaking of or causing to be broken any glass, metal or earthenware on any land or on or into any waters from a vehicle and the authorised officer investigating the offence is unable to establish who committed the offence — (a) the driver or person in charge of the vehicle at the relevant time; or (b) if the authorised officer investigating the offence is unable to establish who was the driver or person in charge of the vehicle at the relevant time, a responsible person for the vehicle at that time, is to be taken to have committed the offence and may