[Index] [Search] [Download] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Graffiti Control (Miscellaneous) Amendment
Bill 2009
A BILL FOR
An Act to amend the Graffiti Control Act 2001.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Graffiti Control
Act 2001
4 Amendment of section
3—Interpretation
5 Insertion of section
4AA
4AA License to sell spray cans
6 Insertion of
sections 4A and 4B
5A Purchaser must produce
identification
5B Records of
transactions
7 Amendment of section 6—Notice to be
displayed
8 Amendment of section 7—Appointment and powers of authorised
persons
9 Amendment of section 9—Marking graffiti
10 Amendment of
section 10—Carrying graffiti implement
11 Insertion of section
8A
8A Power to search for graffiti implement in prescribed
area at prescribed time
12 Insertion of section
13AA
13AA Register of offenders
Schedule 1—Related Amendments
Part 1—Preliminary
1 Amendment
provisions
Part 2—Amendment of Criminal Law Consolidation
Act 1935
2 Insertion of section
85AA
85AA Special provisions relating to
graffiti
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Graffiti Control (Miscellaneous) Amendment
Act 2009.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Graffiti Control
Act 2001
4—Amendment of
section 3—Interpretation
(1) Section 3—after the definition of authorised
person insert:
can of spray paint includes cans containing a paint substance
(commonly referred to as tyre black) for the purpose of coating the
outside surface of any kind of tyre;
(2) Section 3—after the definition of minor
insert:
personal details, in relation to a person,
means—
(a) the person’s full name; and
(b) the person’s date of birth; and
(c) the address of where the person is living; and
(d) the address of where the person usually lives; and
(e) the person’s business address;
prescribed area means—
(a) an area within 20 metres of any railway tracks; or
(b) the grounds of a primary or secondary school and the area within
20 metres of the boundary of the school; or
(c) an area, or area of a kind, prescribed by regulation,
but does not include any privately occupied area;
prescribed period means the period commencing at 10 pm
on any day and ending at 6 am on the following day;
(3) Section 3—after the definition of private property
insert:
privately occupied area means an area occupied by a person
other than—
(a) the Crown in right of the State or the Commonwealth or an agency or
instrumentality of the Crown in right of the State or the Commonwealth;
or
(b) a council;
Before section 4 insert:
4AA—License to sell spray cans
(1) A person must not sell a can of spray paint by retail unless licensed
by the Commissioner.
Maximum penalty: $10 000.
(2) An employee is not required to hold a licence under this Part in
respect of anything done in the course of employment by a person who holds a
licence under this Part.
(3) A licence may be granted under this section on such conditions as the
Commissioner thinks fit.
(4) An application for a licence must—
(a) be made in the prescribed manner in a form approved by the
Commissioner; and
(b) contain the prescribed information; and
(c) be accompanied by the prescribed application fee.
(5) Where the holder of a licence—
(a) has been found guilty of an offence against this Act; or
(b) has obtained the licence improperly; or
(c) has failed to comply with a condition of the licence,
the Commissioner may, by notice in writing addressed to the holder of the
licence, revoke the licence, or suspend the licence for a period specified in
the notice.
(6) In this section Commissioner means the Commissioner for
Consumer Affairs.
6—Insertion of
sections 4A and 4B
After section 5 insert:
5A—Purchaser must produce
identification
A person must not sell a can of spray paint by retail to another person
(the purchaser) unless—
(a) the purchaser first produces evidence of identification that complies
with any requirements set out in the regulations; and
(b) the purchaser describes the use to which the can of spray paint will
be put.
Maximum penalty: $1 250.
5B—Records of transactions
(1) A person who sells by retail a can of spray paint to another person
must keep the following information in relation to that transaction:
(a) the details of any evidence of age produced under
section 5;
(b) the details of the identification produced under
section 5A(a);
(c) the description given by the purchaser under section 5A(b) of the
use to which the can of spray paint will be put.
Maximum penalty: $1 250.
Expiation fee: $160.
(2) The information required to be kept under subsection (1) must be
kept in accordance with any requirements set out in the regulations.
(3) A person required to keep information under this section must transfer
to the Commissioner of Police, in accordance with any requirements set out in
the regulations, the information required to be kept in respect of each
transaction under subsection (1).
Maximum penalty: $1 250.
Expiation fee: $160.
(4) Without limiting subsection (3), the regulations may require that
the information be transferred electronically.
(5) The Commissioner of Police must establish and maintain a register of
information provided under this section.
7—Amendment of
section 6—Notice to be displayed
Section 6(1)—Before "IT IS UNLAWFUL" insert:
IT IS UNLAWFUL TO SELL CANS OF SPRAY PAINT WITHOUT THE PRODUCTION OF
SUITABLE IDENTIFICATION AND A STATEMENT AS TO THE INTENDED USE OF THE SPRAY
PAINT.
8—Amendment of
section 7—Appointment and powers of authorised
persons
Section 7—after subsection (3) insert:
(3a) An authorised person may, for the purposes of enforcing a provision
under this Part, be assisted by such persons as he or she considers necessary in
the circumstances.
9—Amendment of
section 9—Marking graffiti
(1) Section 9(3)—delete subsection (3) and substitute:
(3) Where a court finds a person guilty of an offence against this
section—
(a) the court must order that the person pay to the owner or occupier of
the property in relation to which the offence was committed such compensation as
the court thinks fit; and
(b) if the court is satisfied that a suitable program exists for the
removal or obliteration, under the supervision of an appropriate authority, of
graffiti on any property and that it will be reasonably practicable for the
person to participate in that program the court must order that the person
participate in that program (and, in doing so, comply with all reasonable
directions of the appropriate authority); and
(c) the court must order that the person be disqualified from holding or
obtaining a driver's licence for a period being no less than 1 month but
not exceeding 6 months.
(4) In relation to the disqualification prescribed by
subsection (3)(c)—
(a) the disqualification cannot be reduced or mitigated in any way or be
substituted by any other penalty or sentence unless, in the case of a first
offence, the court is satisfied, by evidence given on oath, that the offence is
trifling, in which case it may order a period of disqualification that is less
than the prescribed minimum period but not less than 1 month; and
(b) if the person is the holder of a driver's licence—the
disqualification operates to cancel the licence as from the commencement of the
period of disqualification.
(2) Section 9(4)—delete "subsection (3)(a)" and
substitute:
subsection (3)(b)
10—Amendment of
section 10—Carrying graffiti implement
Section 10—after subsection (1) insert:
(1a) A person who, without reasonable excuse and during the prescribed
period, carries a graffiti implement of a prescribed class in a prescribed area
is guilty of an offence.
Maximum penalty: $1 250.
Expiation fee: $160
After section 8 insert:
8A—Power to search for graffiti implement in
prescribed area at prescribed time
(1) A police officer may ask a person who is located in a prescribed area
within the prescribed time questions to determine the person's—
(a) personal details; and
(b) reason for being in the prescribed area within the prescribed
time.
(2) A police officer may stop, search and detain a person and that
person's vehicle if that person—
(a) refuses or fails, without reasonable excuse, to answer a question
under subsection (1); or
(b) gives an answer to a question under subsection (1) that
—
(i) the police officer reasonably suspects is false; or
(ii) in the opinion of the police officer shows that the person does not
have reasonable excuse for being in the prescribed area within the prescribed
time.
(3) A person who—
(a) refuses or fails, without reasonable excuse, to answer a question
under subsection (1); or
(b) in response to a question under subsection (1) gives an answer
that is false or misleading in a material particular,
is guilty of an offence.
Maximum penalty: $1 250 or imprisonment for 3 months.
(4) A police officer who has asked a person a question under this section
is required to comply with a request to identify himself or herself,
by—
(a) producing his or her police identification; or
(b) stating orally or in writing his or her surname, rank and
identification number.
Before section 13 insert:
13AA—Register of offenders
(1) The Commissioner of Police may establish and maintain a register of
registrable offenders.
(2) The register is to contain the following information in respect of
each registrable offender:
(a) the registrable offender's name and other identifying
particulars;
(b) details of each offence under Part 3 of which the registrable
offender has been found guilty;
(c) the date on which the registrable offender was sentenced for any
offence under Part 3;
(d) any other information that the Commissioner of Police considers
appropriate to include in the register.
(3) The register is to be made available for inspection only to those
persons that are prescribed by regulation.
(4) For the purposes of this section a person convicted of an offence
under Part 3 is a registrable offender.
Part 1—Preliminary
In this Schedule, a provision under a heading referring to the amendment of
a specified Act amends the Act so specified.
Part 2—Amendment of Criminal Law Consolidation
Act 1935
After section 85 insert:
85AA—Special provisions relating to
graffiti
(1) If a person is dealt with by a court for an offence under
section 85 and the conduct alleged to constitute the offence consists of,
or includes, the marking of graffiti, the following provisions apply:
(a) the court must, for statistical purposes, record the fact that the
conduct alleged consisted of, or included, the marking of graffiti;
(b) if the court finds the person guilty of the offence—
(i) the court must order that the person pay to the owner or occupier of
the property in relation to which the offence was committed such compensation as
the court thinks fit; and
(ii) if the court is satisfied that a suitable program exists for the
removal or obliteration, under the supervision of an appropriate authority, of
graffiti on any property and that it will be reasonably practicable for the
person to participate in that program the court must order that the person
participate in that program (and, in doing so, comply with all reasonable
directions of the appropriate authority).
(2) An order under subsection (1)(b)(ii) may be enforced as if it
were an order requiring the performance of community service (and in any
enforcement proceedings the court may exercise any power that it could exercise
in relation to an order requiring the performance of community
service).
(3) In this section—
appropriate authority means a State or local government
authority.