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GRAFFITI VANDALISM ACT 2016 - SECT 4

4 .         Terms used

                In this Part —

        adult means a person who has reached 18 years of age;

        CEO means the chief executive officer of the Public Sector agency principally assisting the Minister administering the Sentence Administration Act 2003 Part 8 in its administration;

        child means a person under 18 years of age;

        community based order means a community based order made under the Sentencing Act 1995 ;

        community order means —

            (a)         a community based order or intensive supervision order made under the Sentencing Act 1995 ; or

            (b)         a youth community based order or intensive youth supervision order made under the Young Offenders Act 1994 ;

        graffiti implement means any of these —

            (a)         a can of spray paint;

            (b)         a pen or marker pen, or a similar implement that —

                  (i)         has a tip over 6 mm wide; and

                  (ii)         contains a fluid that is not water soluble and that is capable of marking a surface;

        offender means a person who has committed an offence under section 5;

        possession includes having under control in any manner whatever, whether for the use or benefit of the person of whom the term is used or of another person, and although another person has the actual possession or custody of the thing or property in question;

        public property means property owned by, vested in, or under the control or management of —

            (a)         the Crown, or an agent or instrumentality of the Crown; or

            (b)         a body corporate established by a law; or

            (c)         a local government, regional local government or regional subsidiary;

        youth community based order means a youth community based order made under the Young Offenders Act 1994 .

        [Section 4 amended: No. 26 of 2016 s. 54.]



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