Legislative Assembly for the ACT: 2002 Week 4 Hansard (11 April) . . Page.. 1124 ..
(Question No 91)
Mr Cornwell asked the Minister for Urban Services, upon notice:
In relation to littering, for the financial years (a) 1999-2000 (b) 2000-01 (c) 2001-02 to 31 December 2001:
(1) How many charges for littering have been attempted;
(2) How many of these were successful;
(3) How much revenue was collected from fines;
(4) Were other penalties imposed apart from monetary fines and if so,
(a) what were they and
(b) how many in each of the years.
Mr Wood: The answer to the member's questions is as follows:
(1) Littering is dealt with by issuing a Litter Infringement Notice under the Litter Act 1976.
to 31 Dec
(2) Infringement notices must be either paid or disputed either by internal review or court action.
YEAR INFRINGEMENTS INFRINGEMENTS CANCELLED ACTIVE COURT
PAID DISPUTED & ACTION
WITHDRAWN1999-2000 31 6 10 2 0
2000-2001 35 4 3 5 2
to 31 Dec 17 1 0 10 0
Infringements are usually withdrawn due to either: the offender providing evidence of extenuating circumstances; or lack of sufficient evidence to commence court action.
Infringements are cancelled when sufficient evidence to commence court action cannot be established within the statute of limitations, which for the Litter Act 1976 is 12 months.
Infringements are still active if court action is in progress.
In both of these court cases the infringement was upheld and monetary penalties imposed.