Page 3988 - Week 09 - Wednesday, 25 August 2010
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(a) a person—
(i) has taken a retailer’s shopping trolley from the retailer’s shopping centre precinct; or
(ii) is using a retailer’s shopping trolley in a place outside the retailer’s shopping centre precinct; or
(iii) has left a retailer’s shopping trolley at a place outside the retailer’s shopping centre precinct; and
(b) for paragraph (a) (i) and (ii), the person is not—
(i) the retailer identified on the trolley; or
(ii) a person authorised by the retailer to do the things mentioned in paragraph (a) (i) and (ii).
(2) The authorised person or police officer may give the person a written direction to return the shopping trolley to the retailer’s premises identified on the trolley.
(3) The person must comply with the direction.
Maximum penalty: 10 penalty units.
(4) An offence against this section is a strict liability offence.
(5) The authorised person or police officer must not give the person a written direction under subsection (2) if it is harsh or unreasonable in the circumstances to do so.
Note The defendant has an evidential burden in relation to the matters mentioned in s (5) (see Criminal Code, s 58).
(6) A direction must—
(a) state that it is an offence against subsection (3) not to comply with the direction; and
(b) state a reasonable time within which the direction must be complied with; and
(c) include a statement that the person may be served with an infringement notice or prosecuted under subsection (3) if the person does not comply with the direction.
(7) In this section:
infringement notice—see the Magistrates Court Act 1930,
section 117.
8
Clause 4
Proposed new section 24E
Page 3, line 19—
omit proposed new section 24E, substitute
24E Notice about taking etc shopping trolley outside of shopping centre precinct
(1) A retailer must place prominently at or near the customer exits in the retailer’s premises a notice that—
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