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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Graffiti Control Amendment (Racist
Graffiti) Bill 2012
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Graffiti Control Act 2008 No 100 2
b2012-061-35.d08
New South Wales
Graffiti Control Amendment (Racist
Graffiti) Bill 2012
No , 2012
A Bill for
An Act to amend the Graffiti Control Act 2008 to create a specific offence relating
to racist graffiti.
Clause 1 Graffiti Control Amendment (Racist Graffiti) Bill 2012
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Graffiti Control Amendment (Racist Graffiti) Act 2012. 3
2 Commencement 4
This Act commences on the date of assent to this Act. 5
3 Amendment of Graffiti Control Act 2008 No 100 6
Section 6A 7
Insert after section 6: 8
6A Racist graffiti 9
(1) A person must not, on any premises, place any racist 10
graffiti that can be seen from a public place. 11
Maximum penalty: 20 penalty units or imprisonment for 12
12 months. 13
(2) In this section: 14
placing racist graffiti on premises means: 15
(a) affixing a placard or paper containing the racist 16
graffiti on the premises, or 17
(b) marking, by means of chalk, paint or other material, 18
the premises with racist graffiti. 19
race includes colour, nationality, descent and ethnic, 20
ethno-religious or national origin. 21
racist graffiti means any drawing, writing, symbol or other 22
visible representation that could reasonably be assumed to 23
be intended to incite hatred towards, serious contempt for, 24
or severe ridicule of, a person or group of persons on the 25
ground of the race of the person or members of the group. 26
Page 2
Graffiti Control Amendment (Racist Graffiti) Bill 2012 Clause 3
(3) If, on a prosecution of a person for an offence under this 1
section, the court is not satisfied that the person is guilty of 2
an offence under this section but the court is satisfied that 3
the person is guilty of an offence under section 6, the court 4
may convict the person of the offence under section 6. 5
Note. Community service orders may also be made under the 6
Crimes (Sentencing Procedure) Act 1999 or the Children 7
(Community Service Orders) Act 1987 directing a person to 8
perform community service work instead of imposing a fine or 9
sentencing the person for an offence under this section. 10
Page 3
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