Page 3992 - Week 09 - Wednesday, 25 August 2010

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(i) be removed to a retention area; and

(ii) only be collected by the retailer from the retention area if the retailer pays all fees, charges and other amounts payable under this Act;

Note A fee for removing and storing the trolley may be determined under s 25 for this provision.

(e) it is an offence against section 24FA if the retailer fails to keep a trolley identified as belonging to the retailer under section 24F (1) within the retailer’s shopping centre precinct;

(f) the maximum penalty for the offence;

(g) how the retailer may contact an authorised person, including, for example, by giving a telephone number.

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).

(5) The removal notice must be given by—

(a) securely attaching the notice, addressed to the retailer, to the shopping trolley in a conspicuous position; and

(b) calling the contact telephone number stated on the trolley and giving the information in the notice to the retailer.

(6) For subsection (5) (b), information in the removal notice is taken to have been given to the retailer if—

(a) the information is given to—

(i) a person who answers the telephone call; or

(ii) a telephone answering or recording device; or

(b) a reasonable attempt was made to give the information to the retailer by telephone.

(7) A removal notice given in the way mentioned in subsection (5) is taken to have been given to the retailer at the time and date the telephone call is made.

Clause 4

Proposed new section 24G

Page 5, line 14—

omit proposed new section 24G, substitute

24G Removal of shopping trolley to retention area

(1) The chief executive may authorise a person (a trolley collector) to remove shopping trolleys found outside shopping centre precincts to a retention area.

(2) A trolley collector or authorised person may remove a shopping trolley found outside a shopping centre precinct to a retention area if the retailer identified on the trolley has been given—

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