An Act with respect to the minimisation and control of graffiti; to amend the Summary Offences Act 1988 and certain other legislation; and for other purposes.
This Act is the Graffiti Control Act 2008.
This Act commences on a day or days to be appointed by proclamation.
In this Act—
(a) spray paint,
(b) a marker pen,
(c) any implement designed or modified to produce a mark that is not readily removable by wiping or by use of water or detergent.
(a) a motor vehicle (whether or not still capable of being driven), and
(b) a train or other vehicle used on a railway or monorail, and
(c) a trailer or anything else constructed to be drawn by a vehicle or animal.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
Notes included in this Act do not form part of this Act.
A person must not, without reasonable excuse (proof of which lies on the person), intentionally mark any premises or other property, unless the person has first obtained the consent of the following—
(a) in relation to premises that are occupied—the occupier or person in charge of the premises,
(b) in relation to premises that are unoccupied or other property—the owner or person in charge of the premises or property.
Maximum penalty—4 penalty units.
A person is guilty of an offence under this subsection if the person commits an offence under subsection (1) in circumstances of aggravation.
Maximum penalty—20 penalty units or imprisonment for 12 months.
(Repealed)
A court that convicts a person of an offence under subsection (2) must not sentence the person to imprisonment unless the person has previously been convicted of an offence under this section or section 5 (or under section 10A or 10B of the Summary Offences Act 1988 as in force before their repeal by this Act) on so many occasions that the court is satisfied that the person is a serious and persistent offender and is likely to commit such an offence again.
Subsection (1) does not apply…