Page 4175 - Week 12 - Tuesday, 22 October 2019

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Example

depositing a syringe in a sharps container

(b) the depositing of litter in accordance with an invitation from a public servant in the exercise of the public servant’s functions; or

(c) for litter mentioned in subsection (2) (b) (i) or (ii)—

(i) the placing of a receptacle containing litter at a public place for the litter to be removed by a waste collection service; or

(ii) the depositing of litter at a public landfill or waste facility.

Note  The defendant has an evidential burden in relation to the matters mentioned in s (2A) and s (2B) (see Criminal Code, s 58).

4

Clause 9

Proposed new section 9 (4)

Page 7, line 3—

insert

(4) In this section:

syringe means a hypodermic syringe and includes—

(a) anything designed for use, or intended to be used, as part of a hypodermic syringe; and

(b) a needle designed for use, or intended to be used, in relation to a hypodermic syringe.

5

Clause 26

Proposed new section 24O (2)

Page 24, line 15—

omit proposed new section 24O (2), substitute

(2) The authorised person may enter the vehicle, to identify the vehicle or responsible person for the vehicle, only if the vehicle or responsible person cannot be identified without entering the vehicle.

(3) If the vehicle is entered, the authorised person—

(a) may take only the steps reasonably necessary to obtain the information needed to identify the vehicle or responsible person for the vehicle (the identification information); and

(b) must not examine anything else in the vehicle that is not relevant for obtaining the identification information; and

(c) must not remove anything from the vehicle other than the following:

(i) perishable items;

(ii) items that could cause harm to a person or animal if left in the vehicle;

(iii) items that may damage the vehicle if left in the vehicle.

Examples—removable items

1 foods that if spoiled, may soil or cause an offensive smell to permeate the vehicle

2 chemicals or explosives

(4) The authorised person must not disclose any information, other than the identification information for the purposes of this Act, obtained by the authorised

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