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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Graffiti Vandalism Bill 2015 Contents Part 1 -- Preliminary 1. Short title 2 2. Commencement 2 3. Terms used 2 Part 2 -- Graffiti offences 4. Terms used 3 5. Damaging property by graffiti 4 6. Possessing thing with intent to apply graffiti 4 7. Selling graffiti implement to child 5 8. Costs of cleaning graffiti 5 9. Application of Sentencing Act 1995 5 10. Conditions to attach to community orders 6 11. Immunity when removing graffiti 6 12. Immunity for owners of property when individuals enter property to remove graffiti 6 13. Forfeiture of property 7 Part 3 -- Local government powers Division 1 -- Application 14. Terms used 8 15. Application 8 16. Delegation by local government 9 17. Delegation by CEO of local government 9 Division 2 -- Notices 18. Notice requiring removal of graffiti 10 19. Additional powers when notice is given 10 Division 3 -- Objection to a notice 20. Affected person 12 21. Advice of objection and review rights 12 147--1 page i Graffiti Vandalism Bill 2015 Contents 22. Objection may be lodged 12 23. Review of decision to give notice 13 24. Suspension of effect of notice 13 25. Local government graffiti powers on land not local government property 14 Division 4 -- Powers of entry 26. Application of Division 14 27. General procedure for entering property 15 28. Notice of entry 15 29. Entry under warrant 16 30. Purpose of entry to be given on request 16 Division 5 -- Protection from liability 31. Certain persons protected from liability for wrongdoing 17 Part 4 -- Review 32. Review of Act 18 Part 5 -- Public Transport Authority Act 2003 amended 33. Act amended 19 34. Section 58 amended 19 35. Section 64A amended 20 Part 6 -- Consequential amendments Division 1 -- The Criminal Code amended 36. Act amended 21 37. Part IV Chapter XXIV deleted 21 38. Section 446 deleted 21 39. Section 557G deleted 21 Division 2 -- Local Government Act 1995 amended 40. Act amended 21 41. Schedule 3.1 amended 21 42. Schedule 3.2 amended 21 Division 3 -- Young Offenders Act 1994 amended 43. Act amended 21 44. Section 46 amended 22 page ii Graffiti Vandalism Bill 2015 Contents Defined terms page iii Western Australia LEGISLATIVE ASSEMBLY Graffiti Vandalism Bill 2015 A Bill for An Act to consolidate laws dealing with graffiti vandalism and to amend certain Acts as a consequence. The Parliament of Western Australia enacts as follows: page 1 Graffiti Vandalism Bill 2015 Part 1 Preliminary s. 1 1 Part 1 -- Preliminary 2 1. Short title 3 This is the Graffiti Vandalism Act 2015. 4 2. Commencement 5 This Act comes into operation as follows -- 6 (a) Part 1 -- on the day on which this Act receives the 7 Royal Assent; 8 (b) the rest of the Act -- on a day fixed by proclamation, 9 and different days may be fixed for different provisions. 10 3. Terms used 11 In this Act -- 12 graffiti means any drawing, writing, painting, symbol or mark 13 applied to or marked on property by -- 14 (a) spraying, writing, drawing, marking or otherwise 15 applying paint or another marking substance; or 16 (b) scratching or etching; 17 owner, of land, means a person who is an owner of the land 18 within the meaning given in the Local Government Act 1995 19 section 1.4. page 2 Graffiti Vandalism Bill 2015 Graffiti offences Part 2 s. 4 1 Part 2 -- Graffiti offences 2 4. Terms used 3 In this Part -- 4 adult means a person who has reached 18 years of age; 5 CEO means the chief executive officer of the Public Sector 6 agency principally assisting the Minister administering the 7 Sentence Administration Act 2003 Part 8 in its administration; 8 child means a person under 18 years of age; 9 community based order means a community based order made 10 under the Sentencing Act 1995; 11 community order means -- 12 (a) a community based order or intensive supervision order 13 made under the Sentencing Act 1995; or 14 (b) a youth community based order or intensive youth 15 supervision order made under the Young Offenders 16 Act 1994; 17 graffiti implement means any of these -- 18 (a) a can of spray paint; 19 (b) a pen or marker pen, or a similar implement that -- 20 (i) has a tip over 6 mm wide; and 21 (ii) contains a fluid that is not water soluble and that 22 is capable of marking a surface; 23 offender means a person who has committed an offence under 24 section 5; 25 possession includes having under control in any manner 26 whatever, whether for the use or benefit of the person of whom 27 the term is used or of another person, and although another 28 person has the actual possession or custody of the thing or 29 property in question; page 3 Graffiti Vandalism Bill 2015 Part 2 Graffiti offences s. 5 1 public property means property owned by, vested in, or under 2 the control or management of -- 3 (a) the Crown, or an agent or instrumentality of the Crown; 4 or 5 (b) a body corporate established by a law; or 6 (c) a local government or regional local government; 7 youth community based order means a youth community based 8 order made under the Young Offenders Act 1994. 9 5. Damaging property by graffiti 10 (1) A person must not destroy, damage or deface the property of 11 another person by graffiti without that other person's consent. 12 Penalty: a fine of $24 000 and imprisonment for 2 years, but the 13 minimum penalty -- 14 (a) for an adult offender, is a community based order; 15 (b) for a child offender, is a youth community based 16 order. 17 (2) Property that is capable of being destroyed, damaged or defaced 18 by graffiti includes vegetation. 19 (3) This section operates despite the Young Offenders Act 1994 20 section 46(5a). 21 6. Possessing thing with intent to apply graffiti 22 (1) A person must not be in possession of a thing with the intention 23 of using it to destroy, damage or deface property by applying 24 graffiti. 25 Penalty: a fine of $6 000. 26 (2) A person is presumed to have an intention referred to in this 27 section in relation to a thing in the person's possession if the 28 person is in possession of the thing in circumstances that give 29 rise to a reasonable suspicion that the person has the intention, 30 unless the contrary is proved. page 4 Graffiti Vandalism Bill 2015 Graffiti offences Part 2 s. 7 1 7. Selling graffiti implement to child 2 (1) A person must not sell a graffiti implement to a child. 3 Penalty: 4 (a) for a first offence, a fine of $6 000; 5 (b) for a subsequent offence, a fine of $12 000. 6 (2) It is a defence to a charge of an offence under subsection (1) to 7 prove the accused, or a person acting on behalf of the accused, 8 believed on reasonable grounds that the person to whom the 9 implement was sold was an adult. 10 8. Costs of cleaning graffiti 11 (1) This section applies whether the graffiti -- 12 (a) is visible to the public or not; or 13 (b) is applied to public property or private property. 14 (2) A court that convicts a person of an offence under section 5 that 15 involves destroying, damaging or defacing property to which 16 this Act applies may order the offender -- 17 (a) to take remedial action to restore the property to the 18 same state as it was in before the offence or to a state 19 specified in the order; or 20 (b) to pay another person to take remedial action to restore 21 the property to the same state as it was in before the 22 offence or to a state specified in the order. 23 9. Application of Sentencing Act 1995 24 (1) The Sentencing Act 1995 Part 16 Division 1 applies to an order 25 referred to in section 8(2) as if it were a reparation order as 26 defined in that Part. 27 (2) The Sentencing Act 1995 section 122 applies to a person who 28 does not obey an order made under section 8(2)(a) as if the 29 order were a restitution order made under Part 16 of that Act. page 5 Graffiti Vandalism Bill 2015 Part 2 Graffiti offences s. 10 1 (3) The Sentencing Act 1995 sections 119 and 119A apply as if an 2 order made under section 8(2)(b) were a compensation order 3 made under Part 16 of that Act. 4 10. Conditions to attach to community orders 5 (1) Where an offender is sentenced to a community order, the court 6 must impose a condition that a minimum of 10 hours unpaid 7 community work be carried out by the offender. 8 (2) The unpaid community work is to be performed by the offender 9 (whether adult or child) at the direction of the CEO and the 10 work is to comprise graffiti removal work, where practicable. 11 (3) This section operates despite the Young Offenders Act 1994 12 section 46(5a). 13 11. Immunity when removing graffiti 14 (1) An action in tort does not lie against an individual involved in 15 graffiti removal under this Act or under a community order for 16 anything done that -- 17 (a) results in damage to property or injury to a person; and 18 (b) is done in good faith and does not constitute negligent 19 behaviour. 20 (2) This section does not relieve the State of any liability that it 21 might have for the doing of anything by an individual involved 22 in graffiti removal under this Act. 23 (3) In this section, a reference to the doing of anything includes a 24 reference to an omission to do anything. 25 12. Immunity for owners of property when individuals enter 26 property to remove graffiti 27 (1) This section applies to the owner of a place who owes a duty of 28 care to an individual who enters that place. page 6 Graffiti Vandalism Bill 2015 Graffiti offences Part 2 s. 13 1 (2) An action in tort does not lie against the owner of a place for 2 death or injury suffered by an individual resulting from the 3 individual's involvement in graffiti removal under this Act or 4 under a community order, unless a breach of the owner's duty 5 of care amounts to gross negligence. 6 (3) An action in tort against the owner that is prevented by 7 subsection (2) may be taken instead against the State as if the 8 State owed the duty of care. 9 (4) If a breach of the owner's duty of care is found to have 10 amounted to gross negligence, the State may recover from the 11 owner as a debt any damages, including costs, paid by the State 12 as a result of any action taken under subsection (3). 13 13. Forfeiture of property 14 (1) The Criminal Code section 731 applies where a court convicts a 15 person of an offence under this Act, as if the conviction were a 16 penalty under The Criminal Code. 17 (2) For the purposes of subsection (1) "any thing that was used in or 18 in connection with the commission of the offence" includes a 19 thing that was intended to be used, and includes -- 20 (a) a graffiti implement; and 21 (b) anything used by the offender to record, store or 22 transmit images of the graffiti caused by the offender. 23 (3) The order may include provision for the seizure of a thing or 24 other action required to enforce that forfeiture. 25 (4) In addition to The Criminal Code section 731(2), a court must 26 not make an order for the forfeiture of any thing under 27 subsection (1) unless the prosecutor applies for the order. page 7 Graffiti Vandalism Bill 2015 Part 3 Local government powers Division 1 Application s. 14 1 Part 3 -- Local government powers 2 Division 1 -- Application 3 14. Terms used 4 In this Part -- 5 approved means approved by the relevant local government; 6 CEO means the chief executive officer of the relevant local 7 government; 8 local government property means anything, whether land or 9 not, that belongs to, or is vested in, or under the care, control or 10 management of, the local government; 11 occupier, of land, means a person who is an occupier of the land 12 within the meaning given in the Local Government Act 1995 13 section 1.4; 14 public place means -- 15 (a) any place to which the public, or any section of the 16 public, have or are permitted to have access whether on 17 payment or otherwise; or 18 (b) a school, university or other place of education, other 19 than a part of it to which neither students nor the public 20 usually have access; or 21 (c) a privately owned place that is unoccupied or is 22 occupied by a person who is not the owner and does not 23 have the authority of the owner. 24 15. Application 25 For the purposes of the Local Government Act 1995 Part 9 26 Divisions 1 and 2, a function under that Part is a function that a 27 person may be authorised to perform under this Part. page 8 Graffiti Vandalism Bill 2015 Local government powers Part 3 Application Division 1 s. 16 1 16. Delegation by local government 2 (1) The local government may delegate to its CEO the exercise of 3 any of its powers or the discharge of any of its duties under 4 another provision of this Part. 5 (2) A delegation under this section is to be in writing and may be 6 general or as otherwise provided in the instrument of delegation. 7 (3) A decision to delegate under this section is to be made by an 8 absolute majority. 9 17. Delegation by CEO of local government 10 (1) A CEO may delegate to any employee of the local government 11 the exercise of any of the CEO's powers or the discharge of any 12 of the CEO's duties under another provision of this Part other 13 than this power of delegation. 14 (2) A delegation under this section is to be in writing and may be 15 general or as otherwise provided in the instrument of delegation. 16 (3) This section extends to a power or duty the exercise or 17 discharge of which has been delegated by a local government to 18 the CEO under section 16, but in the case of such a power or 19 duty -- 20 (a) the CEO's power under this section to delegate the 21 exercise of that power or the discharge of that duty; and 22 (b) the exercise of that power or the discharge of that duty 23 by the CEO's delegate, 24 are subject to any conditions imposed by the local government 25 on its delegation to the CEO. 26 (4) Subsection (3)(b) does not limit the CEO's power to impose 27 conditions or further conditions on a delegation under this 28 section. 29 (5) In subsections (3) and (4) -- 30 conditions includes qualifications, limitations or exceptions. page 9 Graffiti Vandalism Bill 2015 Part 3 Local government powers Division 2 Notices s. 18 1 Division 2 -- Notices 2 18. Notice requiring removal of graffiti 3 (1) This section applies to graffiti that is -- 4 (a) applied to property with the consent of the owner or 5 occupier; and 6 (b) visible from a public place; and 7 (c) considered by the local government to be unsightly or 8 offensive. 9 (2) A local government may give a notice in writing to a person 10 who is the owner of property or the occupier of a place on 11 which graffiti described in subsection (1) is applied, requiring 12 the person to ensure that the graffiti is obliterated in a manner 13 acceptable to the local government within a time set out in the 14 notice. 15 (3) If the notice is given to an occupier of land who is not the owner 16 of the property, the owner is to be informed in writing that the 17 notice was given. 18 (4) A person who is given a notice under subsection (2) is not 19 prevented from complying with it because of the terms on 20 which the land is occupied. 21 (5) A person who fails to comply with a notice under 22 subsection (2), without a reasonable excuse, commits an 23 offence. 24 Penalty: 25 (a) a fine of $5 000; 26 (b) a further fine of $500 in respect of each day or part of 27 a day during which the offence continues. 28 19. Additional powers when notice is given 29 (1) This section applies when a notice is given under section 18. page 10 Graffiti Vandalism Bill 2015 Local government powers Part 3 Notices Division 2 s. 19 1 (2) In this section -- 2 court means a court that would have jurisdiction to hear an 3 action to recover a debt of the amount of the expense, fine or 4 cost sought to be recovered by the notice recipient. 5 (3) If the person who is given the notice (the notice recipient) fails 6 to comply with it for any reason, the local government may do 7 anything that it considers necessary to obliterate the graffiti in a 8 manner acceptable to the local government. 9 (4) The local government may recover the reasonable cost of 10 anything it does under subsection (3) as a debt due from the 11 person who failed to comply with the notice. 12 (5) A notice recipient may apply to a court for an order under 13 subsection (6) if the notice recipient -- 14 (a) incurs expense in complying with any requirement of 15 the notice; or 16 (b) fails to comply with such a requirement and, as a 17 consequence, is fined or has to pay to a local 18 government the cost it incurs in doing anything under 19 subsection (3). 20 (6) On an application under subsection (5), the court may order -- 21 (a) if the notice recipient is the owner -- the occupier; or 22 (b) if the notice recipient is the occupier -- the owner, 23 to pay to the notice recipient so much of that expense, fine or 24 cost as the court considers fair and reasonable in the 25 circumstances. 26 (7) In determining what is fair and reasonable, the court is to have 27 regard to -- 28 (a) the type of land involved; and 29 (b) the terms on which the occupier is occupying the land; 30 and 31 (c) any other matter the court considers to be relevant. page 11 Graffiti Vandalism Bill 2015 Part 3 Local government powers Division 3 Objection to a notice s. 20 1 Division 3 -- Objection to a notice 2 20. Affected person 3 If the person to whom a local government gives a notice under 4 section 18 is not the owner of the property to which the notice 5 relates, the owner is also an affected person, and a reference in 6 this Division to the affected person includes both the owner and 7 the person to whom the notice was given. 8 21. Advice of objection and review rights 9 Whenever a notice is given under section 18, the person giving 10 it is to ensure that, as soon as practicable after the notice is 11 given, the affected person is given written reasons for being 12 given the notice and is informed of the person's rights under this 13 Division to object against, and apply for a review of, the 14 decision to give the notice. 15 22. Objection may be lodged 16 (1) An affected person may object to a notice if the person has not 17 applied under this Division for a review of the decision to give 18 the notice. 19 (2) The objection is made by preparing it in the approved form and 20 lodging a copy of the completed objection form with the chief 21 executive officer of the local government within 28 days after 22 the notice is given, or within such further time as the local 23 government may allow. 24 (3) An objection must be dealt with by the local government as if it 25 were an objection to a decision of the local government under 26 the Local Government Act 1995 Part 9 and section 9.6 of that 27 Act applies when dealing with that objection. page 12 Graffiti Vandalism Bill 2015 Local government powers Part 3 Objection to a notice Division 3 s. 23 1 23. Review of decision to give notice 2 (1) An affected person may apply to the State Administrative 3 Tribunal for a review of a decision to give a notice if the 4 person -- 5 (a) has not lodged an objection to the notice; or 6 (b) has lodged an objection but, at the expiration of 35 days 7 after it was lodged, has not been given notice in writing 8 of how it has been decided to dispose of the objection. 9 (2) If the person lodged an objection and has been given notice in 10 writing of how it has been decided to dispose of the objection, 11 the person may apply to the State Administrative Tribunal for a 12 review of the decision on the objection. 13 (3) The application is to be made within 42 days after the right to 14 make it arose which is -- 15 (a) within 42 days after the notice is given, for an 16 application under subsection (1)(a); or 17 (b) more than 35 days, but within 77 days, after the 18 objection was lodged, for an application under 19 subsection (1)(b); or 20 (c) within 42 days after the objection was decided, for an 21 application under subsection (2). 22 24. Suspension of effect of notice 23 (1) If an objection has been lodged against a notice or a decision, or 24 an application has been made under this Division for a review of 25 the decision, the effect of the notice or decision is suspended 26 until the person or tribunal authorised to deal with the objection 27 or application has decided how to dispose of it, unless -- 28 (a) the person or tribunal orders that the suspension be 29 revoked; or 30 (b) the local government considers that -- 31 (i) there are urgent reasons why the effect of the 32 notice or decision should not be suspended; or page 13 Graffiti Vandalism Bill 2015 Part 3 Local government powers Division 4 Powers of entry s. 25 1 (ii) suspension of the effect of the notice or decision 2 is reasonably likely to endanger the safety of any 3 person, cause damage to property or to create a 4 serious public nuisance. 5 (2) A person or tribunal cannot order, under subsection (1)(a), that 6 the suspension of a decision be revoked unless it considers 7 that -- 8 (a) there are urgent reasons why the effect of the notice or 9 decision should not be suspended; or 10 (b) suspension of the effect of the notice or decision is 11 reasonably likely to endanger the safety of any person, 12 cause damage to property or to create a serious public 13 nuisance. 14 (3) As soon as a local government makes a decision under 15 subsection (1)(b), it is to give the affected person notice in 16 writing stating its reasons. 17 25. Local government graffiti powers on land not local 18 government property 19 (1) A local government may obliterate graffiti that is visible from a 20 public place and that has been applied without the consent of the 21 owner or occupier, even though the land on which it is done is 22 not local government property and the local government does 23 not have consent to do it. 24 (2) In subsection (1) -- 25 land includes Crown land the subject of a pastoral lease within 26 the meaning of the Land Administration Act 1997 section 3(1). 27 Division 4 -- Powers of entry 28 26. Application of Division 29 (1) The powers of entry conferred by this Division may be used for 30 performing any function that a local government has under this 31 Part, if entry is required for the performance of that function. page 14 Graffiti Vandalism Bill 2015 Local government powers Part 3 Powers of entry Division 4 s. 27 1 (2) The powers of entry upon land conferred by this Division are in 2 addition to and not in derogation of any power of entry 3 conferred by any other law. 4 (3) Entry under this Division may be made with such assistants and 5 equipment as are considered necessary for the purpose for 6 which entry is required. 7 27. General procedure for entering property 8 (1) Except if the entry is authorised by the warrant of a justice, 9 entry by or on behalf of a local government on to any land, 10 premises or thing is not lawful unless -- 11 (a) the consent of the owner or occupier has been obtained; 12 or 13 (b) notice has been given under section 28. 14 (2) If notice has been given under section 28, a person authorised 15 by the local government to do so may lawfully enter the land, 16 premises or thing without the consent of the owner or occupier 17 unless the owner or occupier or a person authorised by the 18 owner or occupier objects to the entry. 19 28. Notice of entry 20 (1) A notice of an intended entry is to be given to the owner or 21 occupier of the land, premises or thing that is to be entered. 22 (2) The notice is to specify the purpose for which the entry is 23 required and continues to have effect for so long as that 24 requirement continues. 25 (3) The notice is to be given not less than 24 hours before the power 26 of entry is exercised. 27 (4) Successive entries for the purpose specified in the notice are to 28 be regarded as entries to which that notice relates. page 15 Graffiti Vandalism Bill 2015 Part 3 Local government powers Division 4 Powers of entry s. 29 1 29. Entry under warrant 2 (1) In the circumstances described in subsection (2), a justice may 3 by warrant authorise a local government by its employees, 4 together with such other persons as are named or described in 5 the warrant, or a police officer, to enter any land, premises or 6 thing using such force as is necessary. 7 (2) A warrant may be granted under subsection (1) where a justice 8 is satisfied that the entry is reasonably required by a local 9 government for the purpose of performing its functions under 10 this Act, but -- 11 (a) entry has been refused or is opposed or prevented; or 12 (b) entry cannot be obtained; or 13 (c) notice cannot be given under section 28 without 14 unreasonable difficulty or without unreasonably 15 delaying entry. 16 (3) A warrant granted under subsection (1) -- 17 (a) must be in the approved form; and 18 (b) must specify the purpose for which the land, premises or 19 thing may be entered; and 20 (c) continues to have effect until the purpose for which it 21 was granted has been satisfied or one month has elapsed, 22 whichever is the shorter. 23 30. Purpose of entry to be given on request 24 A person who enters or who has entered any land, premises or 25 thing on behalf of a local government is to give particulars of 26 the power by virtue of which the local government claims a 27 right of entry on being requested to do so. page 16 Graffiti Vandalism Bill 2015 Local government powers Part 3 Protection from liability Division 5 s. 31 1 Division 5 -- Protection from liability 2 31. Certain persons protected from liability for wrongdoing 3 (1) In this Division -- 4 protected person has the meaning given in the Local 5 Government Act 1995 section 9.56(1). 6 (2) The Local Government Act 1995 section 9.56 applies to a 7 protected person for anything that the person has, in good faith, 8 done, or omitted to do, in the performance or purported 9 performance of a function under this Part. 10 (3) A local government has the liability for the doing of anything by 11 a protected person as set out in the Local Government Act 1995 12 section 9.56(4). page 17 Graffiti Vandalism Bill 2015 Part 4 Review s. 32 1 Part 4 -- Review 2 32. Review of Act 3 (1) The Minister -- 4 (a) must carry out a review of the operation and 5 effectiveness of this Act as soon as is practicable after 6 the end of the period of 5 years beginning on the day on 7 which this section commences; and 8 (b) may carry out a further review of the operation and 9 effectiveness of this Act at any time after the period 10 referred to in paragraph (a). 11 (2) The Minister must -- 12 (a) prepare a report based on the review; and 13 (b) as soon as is practicable after the preparation of the 14 report, cause it to be laid before each House of 15 Parliament. page 18 Graffiti Vandalism Bill 2015 Public Transport Authority Act 2003 amended Part 5 s. 33 1 Part 5 -- Public Transport Authority Act 2003 amended 2 33. Act amended 3 This Part amends the Public Transport Authority Act 2003. 4 34. Section 58 amended 5 (1) In section 58(1) delete "it appears to a security officer or a 6 member of the Police Force that the offence referred to in that 7 subsection would be likely to continue or be repeated if the 8 offender is not apprehended," and insert: 9 10 a security officer or a member of the Police Force witnesses an 11 offender committing an offence referred to in that subsection, or 12 reasonably suspects that an offence referred to in that subsection 13 has been committed by an offender, 14 15 (2) In section 58(2): 16 (a) in paragraph (c) delete "property." and insert: 17 18 property; or 19 20 (b) after paragraph (c) insert: 21 22 (d) an offence under the Graffiti Vandalism 23 Act 2015 section 5 committed in relation to 24 Authority property, a conveyance or a facility. 25 page 19 Graffiti Vandalism Bill 2015 Part 5 Public Transport Authority Act 2003 amended s. 35 1 (3) In section 58(2) after paragraph (a) insert: 2 3 or 4 5 35. Section 64A amended 6 In section 64A(3): 7 (a) in paragraph (b) after "section 444" insert: 8 9 or 445 10 11 (b) after paragraph (c) insert: 12 13 (da) an offence under the Graffiti Vandalism 14 Act 2015 section 5 committed in relation to 15 Authority property, a conveyance or a facility; 16 page 20 Graffiti Vandalism Bill 2015 Consequential amendments Part 6 The Criminal Code amended Division 1 s. 36 1 Part 6 -- Consequential amendments 2 Division 1 -- The Criminal Code amended 3 36. Act amended 4 This Division amends The Criminal Code. 5 37. Part IV Chapter XXIV deleted 6 Delete Part IV Chapter XXIV. 7 38. Section 446 deleted 8 Delete section 446. 9 39. Section 557G deleted 10 Delete section 557G. 11 Division 2 -- Local Government Act 1995 amended 12 40. Act amended 13 This Division amends the Local Government Act 1995. 14 41. Schedule 3.1 amended 15 In Schedule 3.1 Division 1 delete item 5B. 16 42. Schedule 3.2 amended 17 In Schedule 3.2 delete item 8. 18 Division 3 -- Young Offenders Act 1994 amended 19 43. Act amended 20 This Division amends the Young Offenders Act 1994. page 21 Graffiti Vandalism Bill 2015 Part 6 Consequential amendments Division 3 Young Offenders Act 1994 amended s. 44 1 44. Section 46 amended 2 In section 46(5a) before "but" insert: 3 4 and sections 5 and 10 of the Graffiti Vandalism Act 2015 5 6 page 22 Graffiti Vandalism Bill 2015 Defined terms Defined terms [This is a list of terms defined and the provisions where they are defined. The list is not part of the law.] Defined term Provision(s) adult ...................................................................................................................... 4 approved ............................................................................................................. 14 CEO ................................................................................................................ 4, 14 child ...................................................................................................................... 4 community based order ......................................................................................... 4 community order ................................................................................................... 4 conditions ....................................................................................................... 17(5) court ............................................................................................................... 19(2) graffiti ................................................................................................................... 3 graffiti implement ................................................................................................. 4 land ................................................................................................................ 25(2) local government property .................................................................................. 14 notice recipient ............................................................................................... 19(3) occupier............................................................................................................... 14 offender ................................................................................................................. 4 owner .................................................................................................................... 3 possession ............................................................................................................. 4 protected person ............................................................................................. 31(1) public place ......................................................................................................... 14 public property ...................................................................................................... 4 youth community based order ............................................................................... 4
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