New South Wales Bills Explanatory Notes New South Wales Bills Explanatory Notes[Index] [Search] [Download] [Bill] [Help]
SUMMARY OFFENCES AND OTHER LEGISLATION
(GRAFFITI) AMENDMENT BILL 1994*
NEW SOUTH WALES
EXPLANATORY NOTE
(This Explanatory Note relates to this Bill as introduced into Parliament)
This Bill is cognate with the Children (Parental Responsibility) Bill 1994.
The objects of this Bill are:
(a) to amend the Summary Offences Act 1988 so as:
(i) to make it an offence to damage or deface property by means of spray
paint; and
(ii) to make it an offence to possess spray paint with the intention of using it
to damage or deface property; and
(b) to amend the Community Service Orders Act 1979 and the Children
(Community Service Orders) Act 1987 so as:
(i) to enable community service orders under those Acts to recommend that
the community service work to be performed by a person against whom
such an order is made should include the removal of graffiti from
buildings, vehicles, vessels and places and the restoration of the
appearance of those buildings, vehicles, vessels and places; and
(ii) to require the work performed by a person in respect of whom such a
recommendation is made to include, if practicable, work of that kind.
Clause 1 specifies the short title of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on a day or days to
be appointed by the Governor by proclamation published in the Gazette.
* Amended in committee--see table at end of volume.
Clause 3 is a formal provision that gives effect to the Schedule of amendments to
the Summary Offences Act 1988.
Clause 4 is a formal provision that gives effect to the Schedule of amendments to
the Community Service Orders Act 1979.
Clause 5 is a formal provision that gives effect to the Schedule of amendments to
the Children (Community Service Orders) Act 1987.
SCHEDULE 1--AMENDMENT OF SUMMARY OFFENCES ACT 1988
Schedule 1 (1) inserts definitions of "spray can" and "spray paint" into section 3.
Schedule 1 (2) makes a consequential amendment to the heading to Part 2 in
recognition of the application of proposed sections 10A and 10B in places other than
public places.
Schedule 1 (3) inserts proposed sections 10A and 10B into the Act.
Proposed section 10A makes it an offence for a person to wilfully damage or deface
premises or other property by means of spray paint. The proposed maximum
penalty for such an offence is 20 penalty units or imprisonment for 12 months.
Proposed section 10B makes it an offence for a person to have spray paint in the
person's possession with the intention that it should be used to damage or deface
premises or other property. The proposed maximum penalty for such an offence is
10 penalty units or imprisonment for 6 months. The proposed section provides for
the forfeiture of the spray paint in the event that the defendant is convicted of the
offence.
SCHEDULE 2--AMENDMENT OF COMMUNITY SERVICE ORDERS
ACT 1979
Schedule 2 (1) and (3) amend sections 4 and 26A so as to enable community service
orders to recommend that the work to be performed by a person against whom such an
order is made should include the removal of graffiti from buildings, vehicles, vessels
and places and the restoration of the appearance of those buildings, vehicles, vessels and
places.
Schedule 2 (2) amends section 14 so as to require the community service work to be
performed by a person in respect of whom such a recommendation is made to include, if
practicable, the removal of graffiti from buildings, vehicles, vessels and places and the
restoration of the appearance of those buildings, vehicles, vessels and places.
SCHEDULE 3--AMENDMENT OF CHILDREN (COMMUNITY SERVICE
ORDERS) ACT 1987
Schedule 3 (1) and (2) amend sections 5 and 5A so as to enable community service
orders to recommend that the work to be performed by a person against whom such an
order is made should include the removal of graffiti from buildings, vehicles, vessels
and places and the restoration of the appearance of those buildings, vehicles, vessels and
places.
Schedule 3 (3) amends section 17 so as to require the community service work to be
performed by a person in respect of whom such a recommendation is made to include, if
practicable, the removal of graffiti from buildings, vehicles, vessels and places and the
restoration of the appearance of those buildings, vehicles, vessels and places.