SUMMARY OFFENCES ACT 2005 - SECT 28
Graffiti removal power
SUMMARY OFFENCES ACT 2005 - SECT 28
Graffiti removal power
28 Graffiti removal power
(1) A graffiti removal officer may remove public graffiti from any place.
(2)
In removing public graffiti from property owned by someone other than the
State or a local government, a graffiti removal officer must take reasonable
steps to leave the property in the condition it would be in if the graffiti
had not been placed on the property.
(3) If it is not practicable to leave
the property in the condition mentioned in subsection (2) , it is sufficient
for the subsection for the graffiti removal officer to leave the property in a
state that is reasonably acceptable in all the circumstances.
Example for
subsection (3)—
Graffiti is placed on part of a wall. Reinstating the wall
requires the whole wall to be freshly painted. However, painting over the
graffiti only may leave the wall in a state that is reasonably acceptable in
all the circumstances.
(4) This section applies subject to the limitations
imposed under this division on the powers of a graffiti removal officer to
enter the place.
