Victorian Current Acts Victorian Current Acts(1) An authorised transport officer may seize from a person a graffiti implement, using reasonable force if necessary, if the authorised transport officer believes on reasonable grounds that the graffiti implement has been, or will be, used to commit a graffiti offence.
(2) Despite subsection (1), an authorised transport officer must not seize a graffiti implement under that subsection unless—
(a) the authorised transport officer—
(i) has complied with the requirements of section 218B of the Transport (Compliance and Miscellaneous) Act 1983 ; and
(ii) informed the person in possession of the graffiti implement of the grounds for his or her belief that the graffiti implement has been, or will be, used to commit a graffiti offence; and
(iii) asked the person to hand over the graffiti implement; and
(iv) informed the person that the authorised transport officer has the power under this Act to seize the graffiti implement in these circumstances; and
(b) the graffiti implement is fully or partially visible immediately before it is seized.
(3) If the person voluntarily hands over the graffiti implement, the graffiti implement is taken to have been seized under this section.
(4) Nothing in this section authorises an authorised transport officer to search a person or to seize anything that is not fully or partially visible immediately before it is seized.
S. 17A(5) amended by No. 61/2011 s. 25(Sch. 2 item 2).
(5) In this section, "authorised transport
officer" means a person authorised by the Secretary under section 221A or
221AB of the Transport (Compliance and Miscellaneous) Act 1983 .
Part 4—Removal or obliteration of graffiti