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This is a Bill, not an Act. For current law, see the Acts databases.


GRAFFITI VANDALISM BILL 2015

                   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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