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This is a Bill, not an Act. For current law, see the Acts databases.
ROADS AND PUBLIC PLACES (VANDALISM) AMENDMENT BILL 2004
2004
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Urban Services)
Roads and
Public Places (Vandalism) Amendment Bill 2004
Contents
Page
2004
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Urban Services)
Roads and Public
Places (Vandalism) Amendment Bill 2004
A Bill for
An Act to amend the Roads and Public Places Act
1937
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Roads and Public Places (Vandalism) Amendment Act
2004.
This Act commences on a day fixed by the Minister by written
notice.
Note 1 The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
Note 2 A single day or time may be fixed, or different days or times
may be fixed, for the commencement of different provisions (see Legislation Act,
s 77 (1)).
Note 3 If a provision has not commenced within 6 months beginning on
the notification day, it automatically commences on the first day after that
period (see Legislation Act, s 79).
This Act amends the Roads and Public Places Act 1937.
insert
2AA Offences against Act—application of
Criminal Code etc
Other legislation applies in relation to an offence against this
Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to the following offence against this Act
(see Code, pt 2.1):
• s 12F (1) (Failure to provide
information about abandoned vehicles).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used for
offences to which the Code applies (eg conduct,
intention, recklessness and strict
liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that
are expressed in penalty units.
5 New
sections 12E and 12F
insert
12E Removal of abandoned vehicles from public
places
(1) This section applies if a roads and public places officer suspects, on
reasonable grounds, that a vehicle in a public place has been
abandoned.
Examples of grounds that might indicate
vehicle is abandoned
1 the vehicle’s registration has expired
2 the vehicle is in a state of disrepair
3 the general appearance of the vehicle, including any build-up of dust or
debris
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(2) The vehicle may be removed and placed in a retention area.
(3) However, if the vehicle is a vehicle for which there is a registered
operator, the vehicle may be removed and placed in a retention area only if a
roads and public places officer has given a registered operator a written notice
under subsection (4) and the vehicle has not been removed within 2 days
after the day the person was given the notice.
(4) The notice must require the person—
(a) if the person is an owner of the vehicle—to remove the vehicle
within 2 days after the day the notice is given to the person; or
(b) if the person is not an owner of the vehicle—to tell a roads and
public places officer, within 7 days after the day the person is given the
notice—
(i) that the person is not an owner of the vehicle; and
(ii) the name and address of anyone that the person believes is an owner
of the vehicle.
(5) The notice must include information about how the person may contact a
roads and public places officer, including, for example, a telephone
number.
(6) In this section:
owner, of a vehicle, includes anyone who has a legal right to
move the vehicle.
registered operator—see the Road Transport (Vehicle
Registration) Act 1999,
dictionary.
12F Failure to provide information about abandoned
vehicles
(1) A person commits an offence if—
(a) the person is the registered operator of a vehicle; and
(b) the person is given a notice under section 12E (3) in relation to the
vehicle; and
(c) the person is not an owner of the vehicle; and
(d) the person fails to tell a roads and public places officer, within 7
days after the day the notice is given to the person—
(i) that the person is not an owner of the vehicle; and
(ii) the name and address of anyone the person believes is an owner of the
vehicle.
Maximum penalty: 5 penalty units.
(2) An offence against this section is a strict liability
offence.
(3) In this section:
owner, of a vehicle—see section 12E (6).
registered operator—see section 12E (6).
substitute
12G Removal of signs and other items from public
places
7 Section
12F (4) and (5)
substitute
(4) In this section:
prescribed object means an object prescribed under section
12I.
12H Disposal of items removed under sections 12E and
12G
If an object, sign or vehicle is placed in a retention area under section
12E or section 12G—
(a) the object, sign or vehicle is taken to be uncollected goods for the
Uncollected Goods Act 1996; and
(b) the Minister is taken to be the possessor of the goods for that Act;
and
(c) the Minister may dispose of the goods in accordance with that Act,
part 3; and
(d) for that Act, section 26 (2) (a) and section 30 (1) (a) the reasonable
costs incurred by the Minister in complying with that Act are taken to include
the cost of removing the object, sign or vehicle from the public place to the
retention area.
substitute
12I Prescribed objects—s 12G (4), def of
prescribed object
9 New
sections 14A and 14B
insert
14A Graffiti removal on leased
land
(1) This section applies to graffiti on property on leased Territory land
if the graffiti is visible from a public place.
(2) An authorised person may remove the graffiti with the agreement of the
occupier of the land.
(3) If subsection (4) is complied with, an authorised person may also
remove the graffiti—
(a) without the agreement of the occupier of the land; and
(b) whether or not the occupier has been notified that the graffiti
removal work will be carried out.
(4) For subsection (3), an authorised person must, immediately before the
graffiti removal work is to be carried out, take reasonable steps to notify the
occupier that the work is to be carried out.
(5) Graffiti removal work under subsection (3) must be carried out only
from a public place.
(6) After graffiti removal work has been carried out under
subsection (2) or (3), an authorised person must give the occupier written
notice that the work has been carried out.
(7) The notice must include information about the effect of section
14B.
(8) To remove any doubt, this section does not require the Territory to
carry out graffiti removal work.
(9) In this section:
authorised person means a person authorised in writing by the
chief executive for this section.
occupier, of leased Territory land, includes—
(a) a person believed, on reasonable grounds, to be an occupier of the
land; and
(b) a person apparently in charge of the land.
14B Graffiti removal—liability of the
Territory
(1) The cost of the graffiti removal work under section 14A is payable by
the Territory.
(2) The Territory is liable for any damage caused to the property in
carrying out the graffiti removal work, other than any minor damage that is
incidental to the removal of the graffiti.
Examples of minor incidental damage
1 minor discoloration of the surface from which the graffiti is
removed
2 minor variations in the colour and application of paintwork
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(3) The Territory is not liable for any failure to completely remove the
graffiti.
(4) To remove any doubt, this section does not require the Territory to
restore any property to its former state before graffiti was applied to
it.
10 Occupation
etc of public land under Hawkers Act
licenceSection 15U
after
a vehicle
substitute
(within the meaning of the Hawkers Act 2003)
insert
• penalty unit (see s 133)
• property
• Territory land
12 Dictionary,
new definition of vehicle
insert
vehicle—see the Road Transport (General) Act
1999, dictionary.
Note The def defines vehicle as any vehicle on wheels
(other than a vehicle used on railways or tramways) or a prescribed
vehicle.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2004.
2 Notification
Notified under the Legislation Act on 2004.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2004
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