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Digest No. 1613

Summary Offences (Tagging and Graffiti Vandalism) Amendment Bill 2007 (2008 No 199-2)

Date of Introduction: 15 February 2008
Portfolio: Justice
Select Committee: Law and Order
Date report presented 23 April 2008
Published: 10 May 2008Prepared by John McSoriley BA LL.B, BarristerLegislative AnalystP: (04) 471-9626 (Ext. 9626)F: (04) 471-1250 Caution: This Digest was prepared to assist consideration of the Bill by members of Parliament. It has no official status.Although every effort has been made to ensure accuracy, it should not be taken as a complete or authoritative guide to the Bill. Other sources should be consulted to determine the subsequent official status of the Bill.

Purpose

The aim of the Bill is to amend the Summary Offences Act 1981 (the Act) in order to reduce vandalism and tagging by:

  • creating a specific offence for graffiti vandalism, tagging and defacing;
  • limiting the sale of spraycans to those 18 years or over;
  • requiring that spraycans must be kept securely so that members of the public cannot gain access to them without the help of an employee; and
  • giving judges the option in sentencing of a community sentence to provide an opportunity for offenders to “right their wrong” and clean graffiti vandalism and tagging.

The Bill as introduced is described in Bills Digest No 1604.

Main Change to the Bill

Possession of graffiti implements

The Select Committee has recommended a new offence, that of possessing a thing, "without reasonable excuse" "capable of being used" for damaging or defacing " ... any building, structure, road, tree, property, or other thing by writing, drawing, painting, spraying, or etching on it, or otherwise marking it" in circumstances in which it could reasonably be inferred that [the person] intends to use the thing to commit the offence. The penalty on conviction would be a fine of up to $500 or a community work sentence or both (Part 1, Clause 4, inserting New Sections 11A and 11B).

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