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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland Criminal Code and Other Acts (Graffiti Clean-up) Amendment Bill 2008
Queensland Criminal Code and Other Acts (Graffiti Clean-up) Amendment Bill 2008 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Part 2 Amendment of Criminal Code 2 Code amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Amendment of s 469 (Wilful damage) . . . . . . . . . . . . . . . . . . . . . 4 Part 3 Amendment of Regulatory Offences Act 1985 4 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5 Amendment of s 7 (Unauthorised damage to property) . . . . . . . . 5 6 Amendment of s 9 (Further power to fine) . . . . . . . . . . . . . . . . . . 6 Part 4 Amendment of Summary Offences Act 2005 7 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 8 Amendment of s 17 (Graffiti instrument) . . . . . . . . . . . . . . . . . . . 6
2008 A Bill for An Act to amend the Criminal Code, Regulatory Offences Act 1985 and Summary Offences Act 2005
Criminal Code and Other Acts (Graffiti Clean-up) Amendment Bill 2008 Part 1 Preliminary [s 1] The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 Clause 1 Short title 3 This Act may be cited as the Criminal Code and Other Acts 4 (Graffiti Clean-up) Amendment Act 2008. 5 Part 2 Amendment of Criminal Code 6 Clause 2 Code amended in pt 2 7 This part amends the Criminal Code. 8 Clause 3 Amendment of s 469 (Wilful damage) 9 (1) Section 469, punishment in special cases, clause 9(3), 10 `may'-- 11 omit, insert-- 12 `must'. 13 (2) Section 469, punishment in special cases, clause 9-- 14 insert-- 15 `(4) Subclause (3), as amended by the Criminal Code and Other 16 Acts (Graffiti Clean-up) Amendment Act 2008, section 3(1), 17 applies in relation to an offence whether the offence was 18 committed before or after the commencement of this 19 subsection.'. 20 Page 4
Criminal Code and Other Acts (Graffiti Clean-up) Amendment Bill 2008 Part 3 Amendment of Regulatory Offences Act 1985 [s 4] Part 3 Amendment of Regulatory 1 Offences Act 1985 2 Clause 4 Act amended in pt 3 3 This part amends the Regulatory Offences Act 1985. 4 Clause 5 Amendment of s 7 (Unauthorised damage to property) 5 Section 7-- 6 insert-- 7 `(2) Subsection (3) applies if-- 8 (a) the property in question is in a public place, or visible 9 from a public place; and 10 (b) the destruction or damage is caused by-- 11 (i) spraying, writing, drawing, marking or otherwise 12 applying paint or another marking substance; or 13 (ii) scratching or etching. 14 `(3) The court must, whether or not it imposes any other penalty 15 for the offence, order the offender-- 16 (a) to perform community service under the Penalties and 17 Sentences Act 1992, part 5, division 2 including, for 18 example, removing graffiti from property; or 19 Editor's note-- 20 Penalties and Sentences Act 1992, part 5 (Intermediate orders), 21 division 2 (Community service orders) 22 (b) to pay compensation to any person under the Penalties 23 and Sentences Act 1992, part 3, division 4. 24 Editor's note-- 25 Penalties and Sentences Act 1992, part 3 (Releases, restitution 26 and compensation), division 4 (Orders for restitution and 27 compensation) 28 Page 5
Criminal Code and Other Acts (Graffiti Clean-up) Amendment Bill 2008 Part 4 Amendment of Summary Offences Act 2005 [s 6] `(4) Subsection (3) applies in relation to an offence whether the 1 offence was committed before or after the commencement of 2 this subsection.'. 3 Clause 6 Amendment of s 9 (Further power to fine) 4 Section 9-- 5 insert-- 6 `(3) This section does not limit section 7(3).'. 7 Part 4 Amendment of Summary 8 Offences Act 2005 9 Clause 7 Act amended in pt 4 10 This part amends the Summary Offences Act 2005. 11 Clause 8 Amendment of s 17 (Graffiti instrument) 12 (1) Section 17(2), `may'-- 13 omit, insert-- 14 `must'. 15 (2) Section 17-- 16 insert-- 17 `(4) Subsection (2), as amended by the Criminal Code and Other 18 Acts (Graffiti Clean-up) Amendment Act 2008, section 8(1), 19 applies in relation to an offence whether the offence was 20 committed before or after the commencement of this 21 subsection.'. 22 Page 6
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