Written statement
118 Written statement
S. 118 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).
S. 118(1) amended by No. 15/2026 s. 24(1).
A person specified in section 116(2) or (3) is not taken to have committed an offence against section 115(1), (2), (3) or (4) if the person provides a written statement in accordance with this section to—
a litter enforcement officer; or
the litter authority that appointed the litter enforcement officer referred to in paragraph (a).
A written statement under subsection (1) must—
be in a form approved by the Authority; and
S. 118(2)(b) amended by No. 15/2026 s. 24(2)(a).
state that the person specified in section 116(2) or (3) did not deposit the waste and either—
saw another person deposit the waste; or
S. 118(2)(b)(ii) substituted by No. 15/2026 s. 24(2)(b).
was aware that another person had possession or control of the vehicle, was authorised to use the vehicle or was a passenger of the vehicle at or around the time the waste was deposited; and
contain sufficient information to identify and locate the person referred to in paragraph (b)(i) or (ii); and
be provided within 10 business days of the person being issued with an infringement notice or served with a charge-sheet.
S. 118(3) repealed by No. 15/2026 s. 24(3).
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A written statement that complies with this section is admissible as evidence of the matters stated in it in any proceedings.
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