The Litter (Infringement Offences) Regulations 2011 specify on-the-spot fines for offences in the Litter Act 2007. An on-the-spot fine is imposed by means of an infringement notice, as an alternative to prosecution in court.
The Regulations were made under section 52 of the Litter Act and came into effect on 16 February 2011.
The regulations are available on line at the Tasmanian Legislation website.
Provisions of the LIO Regulations include:
- a list of infringement offences for the purposes of section 17 of the Litter Act; and
- the penalty for each infringement offence.
Section 17 of the Litter Act prescribes that an authorised officer may serve an infringement notice on a person if satisfied that the person has committed an infringement offence. Section 17 provides that regulations may prescribe infringement offences and penalties. Infringement notices are an important enforcement tool and may be issued for most offences under the Litter Act.
The Litter (Infringement Notices) Regulations 2007 came into affect shortly after the Litter Act came into effect, to prescribe infringement offences and penalties. In 2011 those regulations were replaced by the LIO Regulations as a consequence of amendments to the Litter Act made in late 2010. The LIO Regulations were exempted from full regulatory impact assessment under the Subordinate Legislation Act 1992. Amendments may be made to the Regulations from time to time as Litter Act offences are altered, added or removed.
Infringement offence penalties, which are prescribed in Schedule 1 of the LIO Regulations, currently range from one penalty unit ($168 as at 1 July 2019) to 50 penalty units ($8,400). There are differing penalties for natural persons and bodies corporate.
Note: Penalty Units are changed at the start of each financial year (1 July) and the current value for penalty units is published on the Justice Department website.