Queensland Consolidated Acts

SUMMARY OFFENCES ACT 2005 - SECT 30

30 Notice about removal

(1) This section applies in relation to public graffiti at a place if—

(a) the place is not used for a dwelling; and

(b) the owner of the place is not the State or a local government.

(2) Before starting to remove the public graffiti under section 28 , a graffiti removal officer must give a notice in the approved form to the owner of the place (a
"graffiti removal notice" ).

(3) Without limiting other ways for giving a graffiti removal notice, a graffiti removal notice may be given by leaving the notice at or near the public graffiti in a reasonably secure way and in a conspicuous position.

(4) If a graffiti removal notice is given to 1 of several owners of a place, the notice is taken to be given to all the owners of the place.

(5) If the owner objects in the way stated in the graffiti removal notice, the graffiti removal officer must not remove the public graffiti without the owner’s consent.

(6) If the owner does not object within 14 days after the graffiti removal notice is given, the owner is taken to have consented to the removal of the public graffiti and to the activities mentioned in section 29 (9) to (11) relating to the removal.

(7) Despite subsection (1) , a graffiti removal officer is not required to give a graffiti removal notice—

(a) if the owner of the place consents to the removal of the public graffiti when contacted by the officer; or

(b) when consent of the owner is unnecessary because of section 29 (5) .