2008

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Territory and Municipal Services)

An Act to amend the Crimes Act 1900

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the Crimes (Bill Posting) Amendment Act 2008.

This Act commences on a day fixed by the Minister by notice.

Note 1 The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

Note 2 A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).

Note 3 If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).

This Act amends the Crimes Act 1900.

clean promotion duty means a duty under section 121.

public property means—

(a) a public road; or

(b) a bus shelter; or

(c) any other property of the Territory or Commonwealth or of an authority or body under a law of the Territory or the Commonwealth.

public road—see the Roads and Public Places Act 1937, dictionary.

(1) A person commits an offence if the person—

(a) affixes a placard or paper, or makes a mark with chalk, paint or any other material, on private premises; and

(b) does not have the consent of—

(i) if the premises are occupied—the occupier or person in charge of the premises; or

(ii) if the premises are not occupied—the owner or person in charge of the premises.

Maximum penalty: 10 penalty units.

(2) A person commits an offence if the person unlawfully affixes a placard or paper, or makes a mark with chalk, paint or any other material, on public property.

Maximum penalty: 10 penalty units.

(3) An offence against this section is a strict liability offence.

(1) This section applies to a person promoting an event as part of a business or undertaking.

1 operator of theatre promoting play as part of subscription season

2 promotions officer for charity fun run

3 distributor of posters for film festival

4 Australian promoter of international band tour

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(2) The person has a duty to ensure that the event is promoted cleanly by taking precautions.

(3) An event is promoted cleanly unless a placard or paper promoting the event is affixed in contravention of section 120, whether or not someone has been convicted or found guilty of an offence against that section.

(1) For section 121, a person takes precautions in relation to a clean promotion duty for an event by—

(a) taking reasonably practicable steps—

(i) to identify any risk that a person might contravene section 120 in relation to the promotion of the event; and

(ii) to eliminate any risk that a person might contravene section 120 in relation to the promotion of the event; and

(iii) if it is not reasonably practicable to eliminate the risk that a person might contravene section 120 in relation to the promotion of the event—to minimise the risk; and

(b) informing anyone else who has the duty about the possible risks.

provide instruction or information

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(2) For subsection (1), each of the following must be considered in working out what are reasonably practicable steps to eliminate or minimise the risk that a person might contravene section 120 in relation to a promotion:

(a) the likelihood of the risk eventuating;

(b) the availability and suitability of ways to eliminate or minimise the risk;

(c) what the duty holder knows or ought reasonably to know about—

(i) the risk; and

(ii) ways of eliminating or minimising the risk;

(d) the cost of eliminating or minimising the risk;

(e) anything else prescribed by regulation.

A person commits an offence if—

(a) the person has a clean promotion duty; and

(b) the person recklessly fails to comply with the duty.

Maximum penalty: 100 penalty units.

clean promotion duty, for division 6.3 (Criminal damage to property)—see section 115 (1).

property, for division 6.3 (Criminal damage to property)—see section 115 (1).

public property, for division 6.3 (Criminal damage to property)—see section 115 (1).

public road, for division 6.3 (Criminal damage to property)—see section 115 (1).

Presentation speech made in the Legislative Assembly on 2008.

Notified under the Legislation Act on 2008.

For the latest republication of amended laws, see www.legislation.act.gov.au.