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PENALTIES AND SENTENCES ACT 1992 - SECT 110A
Making of an order
110A Making of an order
(1) This section applies if a court convicts an offender of a graffiti
offence, whether on indictment or summarily.
(2) The court must make a
graffiti removal order for the offender whether or not it records a conviction
and whether or not it also makes another order under this or another Act.
(3)
However, subsection (2) does not apply if the court is satisfied that, because
of any physical, intellectual or psychiatric disability of the offender, the
offender is not capable of complying with a graffiti removal order.
(4)
Subsection (2) is subject to sections 121 (3) , 125 (7) and 126 (6A) .
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