Queensland Consolidated Acts

SUMMARY OFFENCES ACT 2005 - SECT 17

17 Graffiti instrument

(1) A person must not possess a graffiti instrument that—

(a) is reasonably suspected of having been used for graffiti; or

(b) is being used for graffiti; or

(c) is reasonably suspected of being about to be used for graffiti.

Penalty—

Maximum penalty—20 penalty units or 1 year’s imprisonment.

(2) The court may, whether or not it imposes any other penalty for the offence, order the offender—

(a) to perform community service under the Penalties and Sentences Act 1992 , part 5 , division 2 including, for example, removing graffiti from property; or

(b) to pay compensation to any person under the Penalties and Sentences Act 1992 , part 3 , division 4 .

(3) For subsection (1) (a) , it is a defence for the person to prove that the person’s possession of the graffiti instrument was not connected to any involvement by the person in the preparation of the offence or in any criminal responsibility in relation to the offence.