Victorian Current Acts

GRAFFITI PREVENTION ACT 2007 - SECT 3

In this Act—

"adjacent public place" means a public place that is referred to in paragraph (a), (b), (c), (d) or (j) of the definition of public place in section 3 of the Summary Offences Act 1966 and that is near to and visible from—

        (a)     trains operated on property of a transport company; or

        (b)     railway stations or bus depots on property of a transport company; or

        (c)     property of a transport company on any part of which trains or buses are operated—

whether or not the public place adjoins that property;

"authorised officer" means an authorised officer appointed under section 224 of the Local Government Act 1989 ;

"authorised person" means a person authorised under section 19 ;

S. 3 def. of Council amended by No. 9/2020 s. 390(Sch.  1 item 49).

"Council" has the same meaning as in the Local Government Act 2020 ;

S. 3 def. of designated place inserted by No. 43/2011 s. 22, substituted by No. 37/2014 s. 10(Sch. item 75.2(b)).

"designated place" has the same meaning as in the Victoria Police Act 2013 ;

"graffiti implement" means an implement or substance that is capable of being used to mark graffiti;

S. 3 def. of graffiti offence inserted by No. 52/2010 s. 29.

"graffiti offence" means—

        (a)     an offence against     this Act; or

        (b)     an offence against regulation 27, 27A or 48 of the Transport (Conduct) Regulations 2005;

"mark graffiti" means write, draw, mark, scratch or otherwise deface property by any means so that the defacement is not readily removable by wiping with a dry cloth;

S. 3 def. of police officer inserted by No. 37/2014 s. 10(Sch. item 75.2(a)).

"police officer" has the same meaning as in the Victoria Police Act 2013 ;

"possession" means—

        (a)     actual physical possession; or

        (b)     custody or control; or

        (c)     having and exercising access, either solely or in common with others;

"premises" includes vehicle;

"prescribed graffiti implement" means—

        (a)     an aerosol paint container; or

        (b)     a graffiti implement, or an implement belonging to a class of graffiti implement, that is prescribed by the regulations;

"property of a transport company" includes—

        (a)     any land, premises or other property owned or occupied by the transport company; and

        (b)     any equipment installed by or on behalf of the transport company on any land or premises of the company; and

        (c)     any tram, train or bus that is owned by the transport company or operated by it, under contract to it or on its behalf; and

        (d)     any shelter provided for the use of passengers of any transport company that are owned by the transport company or operated by it, under contract to it or on its behalf;

S. 3 def. of protective services officer inserted by No. 43/2011 s. 22, amended by No. 37/2014 s. 10(Sch. item 75.2(c)).

"protective services officer" means a protective services officer appointed under section 38 of the Victoria Police Act 2013 ;

"public place" has the same meaning as in the Summary Offences Act 1966 ;

S. 3 def. of transport company amended by No. 6/2010 s. 203(1)
(Sch. 6 item 24) (as amended by No. 45/2010 s. 22).

"transport company" means—

        (a)     a passenger transport company within the meaning of section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983 ; or

        (b)     a bus company within the meaning of section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983 ;

        (c)     a rail freight operator within the meaning of section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983 ; or

        (d)     a rail corporation within the meaning of section 3(1) of the Rail Management Act 1996 .