Australian Capital Territory Current Acts

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ELECTORAL ACT 1992 - SECT 299

Graffiti

    (1)     A person shall not, without reasonable excuse, mark any electoral matter directly on any defined place or object without the consent of—

        (a)     for a place—the lessee or lawful occupier of the place; or

        (b)     for an object—the owner or lawful possessor of the object.

Maximum penalty: 10 penalty units.

    (2)     The Territory or a territory authority shall not give consent for subsection (1).

    (3)     In a prosecution for an offence against subsection (1) in relation to a defined place or object leased, occupied, owned or possessed by the Territory or a territory authority, it is to be conclusively presumed that the Territory or the territory authority, as the case requires, did not consent to any marking of electoral matter on the place or object.

    (4)     In this section:

"defined place or object" means a building, footpath, hoarding, roadway, vehicle, vessel or any public or private place (whether on land or water or in the air).

"lessee"—see the Planning Act 2023

, section 256.

"mark" means write, draw or depict.



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