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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Graffiti Control (Orders on Conviction) Amendment Bill
2007
A BILL FOR
An Act to amend the Graffiti Control Act 2001 and to make
related amendments to the Criminal Law Consolidation
Act 1935.
Contents
Part 1—Preliminary
1 Short
title
2 Amendment provisions
Part 2—Amendment of Graffiti Control
Act 2001
3 Amendment of section 9—Marking
graffiti
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 (Orders on Conviction)
Amendment Act 2007.
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
3—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—
(i) in the case of a first offence—the court may order that the
person participate in that program (and, in doing so, comply with all reasonable
directions of the appropriate authority); or
(ii) in the case of a subsequent offence—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) Section 9(4)—delete "subsection (3)(a)" and
substitute:
subsection (3)(b)
(3) Section 9—after subsection (4) insert:
(4a) In determining whether an offence is a first or subsequent offence
for the purposes of this section, any previous offence against this section or
against section 85 of the Criminal Law Consolidation Act 1935
for which the defendant has been convicted will be taken into account.
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—
(A) in the case of a first offence—the court may order that the
person participate in that program (and, in doing so, comply with all reasonable
directions of the appropriate authority); or
(B) in the case of a subsequent offence—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 determining whether an offence is a first or subsequent offence for
the purposes of this section, any previous offence against section 85 or
against section 9 of the Graffiti Control Act 2001
for which the defendant has been convicted will be taken into account.
(4) In this section—
appropriate authority means a State or local government
authority.