Page 562 - Week 02 - Wednesday, 24 February 2010
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The coin mechanism is simple, cost effective to implement and has a huge impact … there is no doubt the positive effect it has had not only in our city store but in our Five Dock store in Sydney. Apply these results across all stores in the ACT and I have no doubt the results would be outstanding.
The containment system exemption is intended to encourage retailers to take private measures to prevent wandering trolleys. But it does not take the approach of mandating any particular system, as some other local councils have done. In fact, if stores have a responsive collection system in place, they do not need any containment system at all, as they clearly would not receive any fines because the trolleys were collected. In this way, the bill affords flexibility to retailers and allows tailored measures for different situations.
The bill also recognises that retailers with few trolleys could face a disproportionate burden. It therefore allows for regulations to exempt small retailers from the fine. I expect this regulation would prescribe that retailers with, say, 25 trolleys or less would not be subject to fines. The bill also recognises that part of the problem is, of course, individuals taking trolleys and leaving them in public places. The bill therefore clarifies that abandoning a trolley in a public place is an offence. Under the existing law, a person dumping a trolley would have to be charged under the general littering offences.
The bill allows police and rangers to stop a person who is leaving a trolley in a public area, or who they reasonably suspect will leave a trolley, and direct them to return the trolley to its owner. Only if that person fails to comply with this official direction will they be issued with a fine. This approach recognises that it is commonly people who are at a socioeconomic disadvantage who take trolleys from retailers and dump them. The bill seeks to make people aware of the laws, and to require them to return trolleys, rather than apply punitive measures. This is good for individuals and good for retailers.
The bill sets the penalty for this offence at $60. This is comparable to a minor littering offence. Currently, under the existing Litter Act, a person leaving a trolley would be fined $200 and there is no provision for a warning or an order to return the trolley. The tailored offence set out in this bill is more appropriate and I believe will be more effective. A maximum penalty of $1,100 remains available for special situations when the offence is prosecuted.
On this note, I also wish to encourage the government to consider further steps to help keep rogue trolleys out of public places, especially since this is a hard offence to enforce. It is hard to spot people who are leaving trolleys. The provision of trolley bays in key areas, such as taxi ranks, high frequency bus stops, car parks or multi-unit apartments, would assist trolley collection and help keep trolleys from roaming into dangerous and inappropriate areas. This is something for the government to work on. It is not really something that can be addressed in this bill.
Before concluding, I wish to point out that a number of councils around Australia have taken efforts to address the problems with shopping trolleys. Some councils have
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