Untitled document
Firearms and Other Acts Amendment Act 2010
No. 52 of 2010
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendment of Firearms Act 1996
3Definitions
4New section 8A inserted
8AProof of registration of firearm
5Conditions applying to handgun licences
6General discretion of Chief Commissioner to refuse longarm
or handgun licence7General discretion of Chief Commissioner to refuse junior licence
8General discretion of Chief Commissioner to refuse firearms collectors licence
9General discretion of Chief Commissioner to refuse a firearms heirlooms licence
10General discretion of Chief Commissioner to refuse a firearms ammunition collectors licence
11Information which is required for an application for a licence
12General discretion of Chief Commissioner to refuse to renew
a licence or to alter or vary the conditions of a licence13Variation of licence for failure to comply with participation condition
14New section 43B inserted
43BReview of decision as to period of variation
15New section 46A inserted
46ACancellation of licence held by non‑resident
16New sections 49A and 49B inserted
49ARestrictions on application for licence following cancellation
49BReview of decision as to period of disqualification
17New section 54AA inserted
54AAHealth service workers who are exempt from this
Part
18New section 57B inserted
57BPermits to assist in emergency or natural disaster
19Requirement to keep register of transactions
20Permits for theatrical armourers
21Keeping of register
22Approved handgun target shooting clubs—reporting requirements
23Section 134C substituted
134COffence to possess a firearm with no serial number
24Notification of change of certain details
25New sections 215 and 216 inserted
215Transitional provision—Firearms and Other Acts Amendment Act 2010—interstate licence holders
216Transitional provision—Firearms and Other Acts Amendment Act 2010—imitation firearms
Part 3—Amendment of Control of Weapons
Act 1990
26Definitions
27Application and construction of Act
28New section 7A inserted
7AExemption of health service workers
Part 4—amendment of Graffiti Prevention
Act 2007 and Transport (Compliance and Miscellaneous) Act 1983
29Amendment of section 3 of the Graffiti Prevention Act 2007
30New section 17A inserted in Graffiti Prevention Act 2007
17ASeizure of graffiti implement
31Amendment of section 18 of the Graffiti Prevention Act 2007
32Amendment of section 24 of the Graffiti Prevention Act 2007
33Amendment of section 25 of the Graffiti Prevention Act 2007
34Amendment of Transport (Compliance and Miscellaneous) Act 1983
Part 5—Amendment of Liquor Control Reform Act 1998
35Amendment of Schedule 2 to the Liquor Control Reform Act 1998
Part 6—Repeal of Amending Act
36Repeal of amending Act
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Endnotes
Firearms and Other Acts Amendment Act 2010
No. 52 of 2010
[Assented to 7 September 2010]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The purposes of this Act are—
(a)to amend the Firearms Act 1996 to—
(i)remove imitation firearms from the definition of a firearm for the purposes of that Act;
(ii)provide that evidence that a firearm has no serial number or has a serial number which is illegible is, in the absence of evidence to the contrary, proof that the firearm is unregistered;
(iii)exempt health service workers from the requirement to hold firearms licences in respect of firearms handled by those workers in the course of their employment with a health service;
(iv)make other amendments to that Act in relation to the licensing of firearms;
(b)to amend the Control of Weapons Act 1990 to—
(i)include imitation firearms within the definition of prohibited weapons;
(ii)exempt health service workers from any liability in respect of controlled weapons handled by those workers in the course of their employment with a health service ;
(c) to amend the Graffiti Prevention Act 2007 to—
(i)permit an authorised transport officer to seize graffiti implements that the officer believes have been, or will be, used to commit an offence;
(ii)permit Councils to remove graffiti from private property without giving notice or obtaining permission from the owner or occupier where notice has been given and permission obtained previously;
(d)to amend the Transport (Compliance and Miscellaneous) Act 1983 to make amendments consequential to the changes to the Graffiti Prevention Act 2007 referred to in paragraph (c)(i);
(e)to amend the Liquor Control Reform Act 1998 to include disorderly conduct under section 17A of the Summary Offences Act 1966 as an offence for the purposes of banning notices and exclusion orders.
2Commencement
(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
(2)If a provision of this Act does not come into operation before 1 July 2011, it comes into operation on that day.
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Part 2—Amendment of Firearms Act 1996
3Definitions
(1)In section 3(1) of the Firearms Act 1996—
(a)for the definition of approved handgun target shooting match substitute—
"approved handgun target shooting match means—
(a)a competitive target shooting match approved by the Chief Commissioner that is conducted by an approved handgun target shooting club at an approved shooting range; or
(b)a handgun target shooting match conducted in another State or a Territory that is recognised by the Chief Commissioner under section 16(12)(a) to be an approved handgun target shooting match;";
(b)insert the following definitions—
"serial number, of a firearm, means a number that enables the firearm to be individually identified that has been—
(a)assigned to the firearm by its manufacturer; or
(b)stamped or otherwise affixed to the firearm in accordance with section 119A or 119B;
work purposes in Victoria, in relation to the requirement to hold a firearm licence, means that the applicant or the holder of the licence, as the case may be—
(a)is required under a contract of employment or a contract for services to hold a Victorian firearm licence; or
(b)in the normal course of conducting a business is required to hold a Victorian firearm licence.";
(c)in the definition of firearm—
(i)for "in parts and whether or not operable or complete or temporarily or permanently inoperable or incomplete—" substitute "in parts—";
(ii)in paragraph (a), for "mechanical means; or" substitute "mechanical means; and";
(iii)for paragraph (b) substitute—
"(b)whether or not operable or complete or temporarily or permanently inoperable or incomplete—";
(d)in the definition of vehicle for "vessel." substitute "vessel;".
(2)Section 3(2) of the Firearms Act 1996 is repealed.
4New section 8A inserted
After section 8 of the Firearms Act 1996 insert—
"8A Proof of registration of firearm
In any proceedings for an offence under this Act, evidence that—
(a)a firearm does not have a serial number; or
(b)the serial number of a firearm has been erased, defaced or altered; or
(c)the serial number of a firearm is illegible—
is admissible to establish that the firearm is not registered and, in the absence of evidence to the contrary, is proof of that fact.".
5Conditions applying to handgun licences
(1)For section 16(8) of the Firearms Act 1996 substitute—
"(8)For the purposes of this section, a handgun target shoot must be—
(a)a handgun target shoot that is—
(i)conducted for the purposes of preparation for participation in an approved handgun target shooting match; and
(ii)organised by an approved handgun target shooting club; and
(iii)conducted on an approved shooting range; or
(b)a handgun target shoot conducted in another State or a Territory that is recognised by the Chief Commissioner under subsection (12)(b) as complying with paragraph (a).".
(2)After section 16(11) of the Firearms Act 1996 insert—
"(12)The Chief Commissioner may recognise—
(a)a handgun target shooting match conducted in another State or a Territory to be an approved handgun target shooting match; or
(b)a handgun target shoot conducted in another State or a Territory to be a handgun target shoot that complies with subsection (8)(a).
(13)The participation by a person in a handgun target shooting match conducted in another State or a Territory that the Chief Commissioner has recognised under subsection (12)(a) does not count as participation in an approved handgun target shooting match for the purposes of this section and section 123C(1)(c) unless the Chief Commissioner is satisfied that the person participated in that handgun target shooting match.
(14)The participation by a person in a handgun target shoot conducted in another State or a Territory that the Chief Commissioner has recognised under subsection (12)(b) does not count as participation in a handgun target shoot for the purposes of this section unless the Chief Commissioner is satisfied that the person participated in that handgun target shoot.
(15)A person who participates in a handgun target shooting match or a handgun target shoot conducted in another State or a Territory must provide evidence of the participation and details of each weapon used to the approved handgun target shooting club of which the person is a member or, if the person is a member of more than one such club, the club which has been nominated by the person as his or her principal club.
Note
Under section 123C a handgun target shooting club must report to the Chief Commissioner the participation by its members in any handgun target shooting matches or handgun target shoots conducted in another State or a Territory.
(16)The Chief Commissioner may, at any time before deciding whether or not a person has participated in a handgun target shooting match or a handgun target shoot conducted in another State or a Territory, require the person to produce evidence of that participation.".
6General discretion of Chief Commissioner to refuse longarm or handgun licence
After section 17(a) of the Firearms Act 1996 insert—
"(ab)if the applicant is not ordinarily resident in Victoria unless—
(i)the Chief Commissioner is satisfied that the applicant requires the licence for work purposes in Victoria; and
(ii)the applicant is not a person to whom section 185(2A) or (2B) applies; or".
7General discretion of Chief Commissioner to refuse junior licence
After section 20(a) of the Firearms Act 1996 insert—
"(ab)if the applicant is not ordinarily resident in Victoria; or".
8General discretion of Chief Commissioner to refuse firearms collectors licence
After section 23(a) of the Firearms Act 1996 insert—
"(ab)if the applicant is not ordinarily resident in Victoria; or".
9General discretion of Chief Commissioner to refuse a firearms heirlooms licence
After section 27(a) of the Firearms Act 1996 insert—
"(ab)if the applicant is not ordinarily resident in Victoria; or".
10General discretion of Chief Commissioner to refuse a firearms ammunition collectors licence
After section 29(a) of the Firearms Act 1996 insert—
"(ab)if the applicant is not ordinarily resident in Victoria; or".
11Information which is required for an application for a licence
After section 32(1) of the Firearms Act 1996 insert—
"(1A)If a person who is not ordinarily resident in Victoria applies for a longarm or handgun licence on the basis that the licence is required for work purposes in Victoria, the Chief Commissioner may require the person to provide evidence that the work purposes are genuine and that they require the person to hold a Victorian firearm licence.".
12General discretion of Chief Commissioner to refuse to renew a licence or to alter or vary the conditions of a licence
After section 42(2)(b) of the Firearms Act 1996 insert—
"(ba)if the applicant is not ordinarily resident in Victoria unless—
(i)the Chief Commissioner is satisfied that the applicant requires the licence for work purposes in Victoria; and
(ii)the applicant is not a person to whom section 185(2A) or (2B) applies; or".
13Variation of licence for failure to comply with participation condition
(1)In section 43A(1) of the Firearms Act 1996 omit "for the period specified in the variation by the Chief Commissioner, or, if no period is specified, the period of 12 months".
(2)After section 43A(1) of the Firearms Act 1996 insert—
"(1A)The variation of a condition by the Chief Commissioner under subsection (1) remains in force—
(a)in the case of a first variation of condition, for a period of 3 months from the date on which the variation is made; or
(b)in the case of a second or subsequent variation—
(i)for the period specified by the Chief Commissioner in the variation, which must be not less than 3 months and not more than 12 months from the date on which the variation is made; or
(ii)if the Chief Commissioner does not specify a period in the variation, for a period of 12 months from the date on which the variation is made.".
14New section 43B inserted
After section 43A of the Firearms Act 1996 insert—
"43B Review of decision as to period of variation
A person may apply to the Committee for a review of a decision of the Chief Commissioner as to the period of time specified by the Chief Commissioner under section 43A(1A)(b)(i).".
15New section 46A inserted
After section 46 of the Firearms Act 1996 insert—
"46A Cancellation of licence held by non‑resident
(1)If the Chief Commissioner is satisfied that the holder of a licence under this Part is not ordinarily resident in Victoria and does not require the licence for work purposes in Victoria, the Chief Commissioner must cancel the licence.
(2)The Chief Commissioner must give written notification to the holder of the licence of the cancellation of the licence.
(3)Subject to subsection (4), the holder of the licence may apply to the Committee for a review of the decision of the Chief Commissioner to cancel the licence.
(4)An application to the Committee under subsection (3) may only be made on the ground that the holder of the licence that has been cancelled is ordinarily resident in Victoria or that the holder of the licence requires the licence for work purposes in Victoria.".
16New sections 49A and 49B inserted
After section 49 of the Firearms Act 1996 insert—
"49A Restrictions on application for licence following cancellation
(1)This section applies if the Chief Commissioner cancels a licence under section 49.
(2)The Chief Commissioner may specify a period of time (not being more than 12 months after the date of cancellation) within which the person who held the licence is not entitled to apply for such a licence.
(3)If the Chief Commissioner does not specify a period, the person who held the licence is not entitled to apply for such a licence for a period of 12 months after the date of cancellation.
(4)If the person who held the licence applies for the same category of licence, the application is taken to be an application for a new licence and not for the renewal of the licence that was cancelled.
49BReview of decision as to period of disqualification
A person whose licence has been cancelled under section 49 may apply to the Committee for a review of a decision of the Chief Commissioner under section 49A(2) specifying the period of time within which the person is not entitled to apply for such a licence.".
17New section 54AA inserted
After section 54 of the Firearms Act 1996 insert—
"54AA Health service workers who are exempt from this Part
(1)A health professional or health service security guard who is not a prohibited person and who possesses or carries a firearm in a health service facility in the circumstances set out in subsection (3) does not commit an offence against section 6, 6A, 7, 7A or 7B for so doing and is not required to hold a licence under this Part.
(2)An ambulance officer who is not a prohibited person and who possesses or carries a firearm in a health service facility or public place in the circumstances set out in subsection (3) does not commit an offence against section 6, 6A, 7, 7A, 7B or 130(1) for so doing and is not required to hold a licence under this Part.
(3)For the purposes of subsections (1) and (2), the circumstances are that the health professional, health service security guard or ambulance worker—
(a)is carrying out his or her duties as a health professional, health service security guard or ambulance worker, as the case may be; and
(b)either—
(i)is given the firearm by a patient; or
(ii)removes the firearm from a patient; or
(iii)finds the firearm in the vicinity of the patient; or
(iv)is given the firearm by a health professional or ambulance worker who has taken possession of the firearm in the circumstances set out in this subsection.
(4)A health professional, health security guard or ambulance worker who takes possession of a firearm in the circumstances set out in subsection (3) must notify a member of the police force as soon as practicable after having taken possession of the firearm.
(5)The possession or carriage of a firearm by a health security guard in a health services facility in the circumstances set out in subsection (3) does not affect the operation of any licence held by the health security guard under this Part as a requirement of his or her work or contravene any conditions to which the licence is subject.
(6)In this section—
ambulance worker means an operational staff member of the ambulance services as defined in the Ambulance Services Act 1986;
health professional means—
(a)a registered medical practitioner;
(b)a nurse or midwife;
(c)a registered psychologist;
health security guard means a security guard licensed under the Private Security Act 2004 when working in a health service facility as a contractor or an employee;
health service facility means—
(a)a day procedure centre; or
(b)a denominational hospital; or
(c)a multi purpose service; or
(d)a private hospital; or
(e)a public health service; or
(f)a public hospital—
as defined in the Health Services Act 1988.".
18New section 57B inserted
After section 57A of the Firearms Act 1996 insert—
"57B Permits to assist in emergency or natural disaster
(1)The Chief Commissioner may grant to a person a permit to possess, carry or use a category of firearm if—
(a)the person holds a licence or permit to possess, carry or use that category of firearm issued in another State or a Territory that is the equivalent of a licence or permit issued under this Part; or
(b)the person is exempt under the laws of another State or a Territory from the requirement to hold a licence for that category of firearm.
(2)The Chief Commissioner must not grant a permit under subsection (1) unless the Chief Commissioner is satisfied that it is necessary to do so to assist in an emergency or a natural disaster.
(3)A permit under this section remains in force for the period specified by the Chief Commissioner in the permit, which must not be more than 3 months.
(4)Subject to subsection (3), the Chief Commissioner may impose any conditions on the permit that the Chief Commissioner thinks fit.
(5)The conditions that the Chief Commissioner may impose on a permit granted under this section may include conditions for or with respect to—
(a)the carriage and storage of firearms under the permit; and
(b)the circumstances in which the Chief Commissioner may cancel, suspend or vary the permit and any other matters related to cancellation, suspension or variation.
(6)The holder of permit under this section does not commit an offence under section 6 or 7 when acting under and in accordance with the permit.
(7)The holder of permit must comply with the permit.
Penalty:60 penalty units or 12 months imprisonment.".
19Requirement to keep register of transactions
In section 87(2) of the Firearms Act 1996—
(a)in paragraph (a)(ii), for "and serial number" substitute ", serial number and, where known or available, model";
(b)in paragraph (b)(iii), for "and serial number" substitute ", serial number and, where known or available, model";
(c)in paragraph (c)(iii), for "and serial number" substitute ", serial number and, where known or available, model";
(d)in paragraph (d)(ii), for "and serial number" substitute ", serial number and, where known or available, model".
20Permits for theatrical armourers
In section 92A(4)(a)(ii) of the Firearms Act 1996 omit "an imitation handgun or".
21Keeping of register
In section 113(3)(a) of the Firearms Act 1996 for "and serial number" substitute ", serial number and, where known or available, model".
22Approved handgun target shooting clubs—reporting requirements
(1)In section 123C(1)(c)(iv) of the Firearms Act 1996 for "shoot." substitute "shoot; and".
(2)After section 123C(1)(c)(iv) of the Firearms Act 1996 insert—
"(v)each handgun target shooting match and each handgun target shoot conducted in another State or a Territory that that member competed in and details of each handgun used by that member at each such match and shoot.".
23Section 134C substituted
For section 134C of the Firearms Act 1996 substitute—
"134C Offence to possess a firearm with no serial number
(1)A person must not, without reasonable excuse, possess a firearm on which there is no serial number.
Penalty:240 penalty units or 4 years imprisonment.
(2)In any proceeding against a person for an offence under this section, it is not necessary for the prosecution to prove that the person knew, was aware, believed or suspected that there was no serial number on the firearm.
(3)In any proceeding for an offence under this section, it is a defence if the person charged had reasonable grounds for believing that there was a serial number on the firearm.
(4)To avoid doubt, a firearm in which the serial number has been erased or removed is a firearm on which there is no serial number.".
24Notification of change of certain details
After section 139(c) of the Firearms Act 1996 insert—
"(ca)the holder's ordinary place of residence; and".
25New sections 215 and 216 inserted
After section 214 of the Firearms Act 1996 insert—
"215 Transitional provision—Firearms and Other Acts Amendment Act 2010—interstate licence holders
(1)This section applies if, immediately before the commencement of section 15 of the Firearms and Other Acts Amendment Act 2010, a person holds a licence under Part 2 and the person's ordinary place of residence is not in Victoria.
(2)Despite section 46A, until the expiry of the licence, the person is not disqualified from holding the licence merely because the person's ordinary place of residence is not Victoria.
216Transitional provision—Firearms and Other Acts Amendment Act 2010—imitation firearms
(1)If, before the commencement of section (3)(1)(c) of the Firearms and Other Acts Amendment Act 2010, a licence was issued under Part 2 in respect of an imitation firearm and that licence is in force immediately before that commencement—
(a)the licence remains in force after the commencement until the date the licence would otherwise have expired; and
(b)while the licence remains in force and when acting in accordance with the licence, the holder of the licence is not liable for an offence under section 5 of the Control of Weapons Act 1990 in respect of the weapon.
(2)In this section, imitation firearm has the same meaning as in section 3(1) of the Control of Weapons Act 1990.".
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Part 3—Amendment of Control of Weapons Act 1990
26Definitions
In section 3(1) of the Control of Weapons Act 1990—
(a)insert the following definitions—
"firearm has the same meaning as it has in section 3(1) of the Firearms Act 1996;
imitation firearm means a device—
(a)the appearance of which could reasonably be mistaken for that of an operable firearm; but
(b)which is not designed or adapted to discharge shot or a bullet or other missile by the expansion of gases produced in the device by the ignition of strongly combustible materials or by compressed air or other gases, whether stored in the device in pressurised containers or produced in the device by mechanical means and is not capable of being made to do so;
midwife means a person registered under the Health Practitioner Regulation National Law—
(a)to practise in the nursing and midwifery profession as a midwife (other than as a student); and
(b)in the register of midwives kept for that profession;
nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student);
registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);
registered psychologist means a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student).";
(b)in paragraph (a) of the definition of body armour omit "within the meaning of section 3(1) of the Firearms Act 1996";
(c)in the definition of prohibited weapon, after "means" insert "an imitation firearm or".
27Application and construction of Act
In section 4(1) of the Control of Weapons Act 1990 omit "within the meaning of section 3(1) of the Firearms Act 1958".
28New section 7A inserted
After section 7 of the Control of Weapons Act 1990 insert—
"7A Exemption of health service workers
(1)A health professional or health service security guard who is not a prohibited person and who possesses or carries a prohibited weapon, a controlled weapon or a dangerous article in a health service facility in the circumstances set out in subsection (3) does not commit an offence against section 5, 6 or 7 for so doing.
(2)An ambulance officer who is not a prohibited person and who possesses or carries a prohibited weapon, a controlled weapon or a dangerous article in a health service facility or public place in the circumstances set out in subsection (3) does not commit an offence against section 5, 6 or 7 for so doing.
(3)For the purposes of subsections (1) and (2), the circumstances are that the health professional, health service security guard or ambulance worker—
(a)is carrying out his or her duties as a health professional, health service security guard or ambulance worker, as the case may be; and
(b)either—
(i)is given the prohibited weapon, controlled weapon or dangerous article by a patient; or
(ii)removes the prohibited weapon, controlled weapon or dangerous article from a patient; or
(iii)finds the prohibited weapon, controlled weapon or dangerous article in the vicinity of the patient; or
(iv)is given the prohibited weapon, controlled weapon or dangerous article by a health professional or ambulance worker who has taken possession of the weapon or article in the circumstances set out in this subsection.
(4)A health professional, health security guard or ambulance worker who takes possession of a firearm in the circumstances set out in subsection (3) must notify a member of the police force as soon as practicable after having taken possession of the prohibited weapon, controlled weapon or dangerous article.
(5)In this section—
ambulance worker means an operational staff member of the ambulance services as defined in the Ambulance Services Act 1986;
health professional means—
(a)a registered medical practitioner; or
(b)a nurse or midwife; or
(c)a registered psychologist;
health security guard means a security guard licensed under the Private Security Act 2004 when working in a health service facility as a contractor or an employee;
health service facility means—
(a)a day procedure centre; or
(b)a denominational hospital; or
(c)a multi purpose service; or
(d)a private hospital; or
(e)a public health service; or
(f)a public hospital—
as defined in the Health Services Act 1988.".
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Part 4—Amendment of Graffiti Prevention Act 2007 and Transport (Compliance and Miscellaneous) Act 1983
29Amendment of section 3 of the Graffiti Prevention Act 2007
In section 3 of the Graffiti Prevention Act 2007 insert the following definition—
"graffiti offence means—
(a)an offence against this Act; or
(b)an offence against regulation 27, 27A or 48 of the Transport (Conduct) Regulations 2005;".
30New section 17A inserted in Graffiti Prevention Act 2007
After section 17 of the Graffiti Prevention Act 2007 insert—
"17A Seizure of graffiti implement
(1)An authorised transport officer may seize from a person a graffiti implement, using reasonable force if necessary, if the authorised transport officer believes on reasonable grounds that the graffiti implement has been, or will be, used to commit a graffiti offence.
(2)Despite subsection (1), an authorised transport officer must not seize a graffiti implement under that subsection unless—
(a)the authorised transport officer—
(i)has complied with the requirements of section 218B of the Transport (Compliance and Miscellaneous) Act 1983; and
(ii)informed the person in possession of the graffiti implement of the grounds for his or her belief that the graffiti implement has been, or will be, used to commit a graffiti offence; and
(iii)asked the person to hand over the graffiti implement; and
(iv)informed the person that the authorised transport officer has the power under this Act to seize the graffiti implement in these circumstances; and
(b)the graffiti implement is fully or partially visible immediately before it is seized.
(3)If the person voluntarily hands over the graffiti implement, the graffiti implement is taken to have been seized under this section.
(4)Nothing in this section authorises an authorised transport officer to search a person or to seize anything that is not fully or partially visible immediately before it is seized.
(5)In this section, authorised transport officer means a person authorised by the Director of Public Transport under section 221A or 221AB of the Transport (Compliance and Miscellaneous) Act 1983.".
31Amendment of section 18 of the Graffiti Prevention Act 2007
After section 18(3) of the Graffiti Prevention Act 2007 insert—
"(3A)Within 12 months after a Council has taken action under subsection (3) to remove or obliterate graffiti on private property and subject to subsection (3B), the Council may take further action to remove or obliterate graffiti subsequently marked on the property without giving notice to, or obtaining the consent of, the owner or occupier.
(3B)A Council may not take further action under subsection (3A) to remove or obliterate graffiti marked on a property if the Council has received from the owner or occupier of the property an objection to the further action being taken.".
32Amendment of section 24 of the Graffiti Prevention Act 2007
In section 24(1) of the Graffiti Prevention Act 2007 for "an offence against this Act" (wherever occurring) substitute "a graffiti offence".
33Amendment of section 25 of the Graffiti Prevention Act 2007
For section 25(2) of the Graffiti Prevention Act 2007 substitute—
"(2)If a seized article, thing or material is required under subsection (1) to be returned to the person from whom it was seized, notice must be given to that person of his or her right to have it returned.
(2A)For the purposes of subsection (2), the notice must be given—
(a)if the article, thing or material was seized under section 17A by an authorised transport officer and has not been handed over to a member of the police force, by the person in the Department of Transport or the passenger transport or bus company, as the case may be, who is responsible for the custody of the article, thing or material; or
(b)otherwise, by the member of the police force in charge of the police station at which the seized article, thing or material is kept.".
34Amendment of Transport(Compliance and Miscellaneous) Act 1983
(1)In section 218B(2) of the Transport (Compliance and Miscellaneous) Act 1983 after "regulations" insert "or against the Graffiti Prevention Act 2007".
(2)In section 219(1) of the Transport (Compliance and Miscellaneous) Act 1983 for "any regulation made under this Act" substitute "the regulations or against the Graffiti Prevention Act 2007".
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Part 5—Amendment of Liquor Control Reform Act 1998
35Amendment of Schedule 2 to the Liquor Control Reform Act 1998
In Schedule 2 to the Liquor Control Reform Act 1998 after item 5 insert—
"5ADisorderly conduct
An offence against section 17A of the Summary Offences Act 1966.".
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Part 6—Repeal of Amending Act
36Repeal of amending Act
This Act is repealed on 1 December 2011.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
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Endnotes
Minister's second reading speech—
Legislative Assembly: 24 June 2010
Legislative Council: 29 July 2010
The long title for the Bill for this Act was "A Bill for an Act to amend the Firearms Act 1996, the Control of Weapons Act 1990, the Graffiti Prevention Act 2007, the Transport Act 1983 and the Liquor Control Reform Act 1998 and for other purposes."
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