Problem

Section 3 of the Litter Prevention Act 1992 provides: Any person who throws down, drops or otherwise deposits and leaves any litter in or on any public place shall be guilty of an offence.

Section 4 of the Act provides: For the purpose of this Act, litter means bottle, tin, carton, package, paper, glass, food or other refuse or rubbish.

Kim drained oil onto the ground from the sump of his car that was parked on the road adjacent to his private residence.

Applicable case law

In Melbourne City Council v Bradley the Magistrates Court considered that paint left in covered plastic receptacles outside a city office building came within the meaning of litter in s 4 of the Litter Prevention Act 1992.

Legislative history In her second reading speech on the introduction of the Bill to the House, the relevant minister stated that the purpose of the legislation was to stop people from leaving litter in public places.

Assume that the Litter Prevention Act 1992 is an enactment of the legislature in the state of your residence. Therefore, for students at the Melbourne campus the Litter Prevention Act 1992 is an Act of the Victorian Parliament, whereas it is an Act of the New South Wales Parliament if you are based in North Sydney or Blacktown and an Act of the Queensland Parliament if you are in Brisbane.

All facts, legislation and cases referred to in this scenario are fictitious.

Advise Kim whether he is in breach of the Litter Prevention Act 1992, having regard to the applicable rules, principles, maxims and presumptions of statutory interpretation.

Use the IRAC legal problem-solving model to structure your answer.

Note: I live in Melbourne Australia