Other summary Offences- EP act Flashcards
what is s45F EP act
what are the points of proof
aggravated littering
- intentional deposit
- glass, metal, earthenware, crockery
- danger to
- on from or towards any vehicle
under the EP act what is the definition of
Deposit
Highway
Litter
Deposit: in relation to litter means the act of parting with possession of the litter
Highway:any street ,road, lane, bridge thoroughfare or other place open to or used by members of the public
Litter: any solid or liquid domestic or commercial waste, debris, rubbish etc
what is s45G(1) EP act
what are the points of proof
owners or drivers of vehicles etc. from which litter is deposited
you are guilty of the offence if you are;
- the driver of the vehicle &
- the registerd owner of the vehicle &
- any person authorised by the registered owner to use the vehicle
what does s45(2) EP act state
you are still liable for littering if a vehicle is involved in the act. Even if it is driving to the place only
under EP act - noise provisions
define the words
Habitable Room
Residential Premises
Habitable room: any room other then the kitchen, storage area, bathroom, laundry toilet or pantry
Residential Premises: any building or part of a building used for the purpose of a private residence
what is s48A (4) EP act - noise provision
what is the point of proof
noise is to be unreasonable in regards to.
- its volume intensity or duration and
- the time, place and other circumstances
what is s48A (6) EP act - noise provision
what are the points of proof
directions to abate noise.
a MOP may direct;
- any person suspected of committing the offence or
- any person apparently in charge of the premises on which the offence is occurring or is suspected to have occured
what does s48A (7) EP act- noise provision state
*direction to abate the noise remains in force for 12 hours after the direction is given
what classes of people who can take action under s48 EP act - noise provision
CAM
- a person claiming to be directly affected by the alleged offence
- MOPF
- council officer
what does ‘entertainment venue’ mean under s48AB(1) EP act
any premises where music is performed/played but not residential place or church
what power of arrest would you use if there were offences committed under EP act
there is no power of arrest in EP act. you would have to use s458 (remember finds committing)
under the EP act what section makes provision for vehicles that emit excessive amounts of smoke
s43A
