Page 3990 - Week 09 - Wednesday, 25 August 2010
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video
24FA Retailer must keep shopping trolleys within shopping centre precinct
(1) A retailer commits an offence if the retailer fails to keep a shopping trolley identified as belonging to the retailer under section 24F (1) within the retailer’s shopping centre precinct.
Maximum penalty: 60 penalty units.
(2) This section does not apply if the shopping trolley is—
(a) in premises owned or leased by the retailer or a person authorised by the retailer to keep the trolley; or
(b) in the possession of the retailer or a person authorised by the retailer to be in possession of the trolley; or
(c) in a shopping centre precinct other than the retailer’s shopping centre precinct.
(3) This section does not apply if—
(a) the retailer operates and maintains a trolley containment system at the retailer’s premises where the shopping trolley came from and the containment system applied to the trolley; or
(b) the retailer took all reasonable measures to ensure that the trolley was kept within the retailer’s shopping centre precinct; or
(c) the number of trolleys provided by the retailer at the retailer’s premises where the trolley came from is less than the number prescribed by regulation.
Note The defendant has an evidential burden in relation to the matters mentioned in s (2) and (3) (see Criminal Code, s 58).
(4) In this section:
trolley containment system means a system approved by the chief executive that is designed to reduce the number of a retailer’s shopping trolleys taken out of the retailer’s shopping centre precinct.
Example—trolley containment system
a system which requires the deposit of money by customers to use a shopping trolley which is refundable on the return of the trolley
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
24FB Notice of shopping trolley collection days
(1) The chief executive may give a retailer a notice (a collection day notice) of the chief executive’s intention to remove shopping trolleys left in places outside a shopping centre precinct.
Note For how documents may be served, see the Legislation Act, pt 19.5.
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video