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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Graffiti Prevention Bill 2007
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 2
3 Definitions 2
4 Other laws not affected 4
PART 2--OFFENCES 5
5 Marking graffiti 5
6 Marking offensive graffiti 5
7 Possessing a prescribed graffiti implement 5
8 Possessing a graffiti implement with intent to mark graffiti 6
9 Advertising for sale a prescribed graffiti implement 6
10 Sale of aerosol paint container to person under 18 years of age 7
11 Infringement notices, penalties and offences 7
PART 3--POWERS OF SEARCH AND SEIZURE 9
12 Issue of search warrant 9
13 Search without warrant 10
14 Search of persons under 18 years of age 12
15 Conduct of searches 12
16 Duty to make records concerning searches without warrant 13
17 Chief Commissioner to report on searches without warrant 14
PART 4--REMOVAL OR OBLITERATION OF GRAFFITI 15
18 Removal of graffiti from private property 15
19 Authorised persons 17
20 Authorised persons to have identity card 18
21 No compensation 18
22 No duty to remove graffiti 19
561069B.I-18/9/2007 i BILL LA INTRODUCTION 18/9/2007
Clause Page
PART 5--MISCELLANEOUS 20
23 Payment of penalties 20
24 Forfeiture of graffiti implements 20
25 Return of seized items when no proceedings brought etc. 21
26 Proceeds of sale of forfeited property to be paid into
Consolidated Fund 22
27 Regulations 23
28 Amendment of the Transport Act 1983 24
ENDNOTES 25
561069B.I-18/9/2007 ii BILL LA INTRODUCTION 18/9/2007
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Graffiti Prevention Bill 2007
A Bill for an Act to provide measures for the minimisation of graffiti,
to create graffiti-related offences, to provide for the removal of graffiti
and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The purpose of this Act is to reduce the incidence
of graffiti by--
5 (a) creating graffiti-related offences; and
(b) providing search and seizure powers for
members of the police force; and
(c) providing power for a Council to enter
private property for the purpose of removing
10 graffiti.
561069B.I-18/9/2007 1 BILL LA INTRODUCTION 18/9/2007
Graffiti Prevention Bill 2007
Part 1--Preliminary
s. 2
2 Commencement
(1) Subject to subsection (2), this Act (except sections
10, 11(2) and 11(5)) comes into operation on a
day or days to be proclaimed.
5 (2) If a provision to which subsection (1) applies does
not come into operation before 30 June 2008, it
comes into operation on that day.
(3) Subject to subsection (4), sections 10, 11(2) and
11(5) come into operation on a day to be
10 proclaimed.
(4) If a provision referred to in subsection (3) does
not come into operation before 1 September 2008,
it comes into operation on that day.
3 Definitions
15 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
20 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
25 (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;
30 authorised officer means an authorised officer
appointed under section 224 of the Local
Government Act 1989;
561069B.I-18/9/2007 2 BILL LA INTRODUCTION 18/9/2007
Graffiti Prevention Bill 2007
Part 1--Preliminary
s. 3
authorised person means a person authorised
under section 19;
Council has the same meaning as in the Local
Government Act 1989;
5 graffiti implement means an implement or
substance that is capable of being used to
mark graffiti;
mark graffiti means write, draw, mark, scratch or
otherwise deface property by any means so
10 that the defacement is not readily removable
by wiping with a dry cloth;
possession means--
(a) actual physical possession; or
(b) custody or control; or
15 (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
20 (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--
25 (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
30 premises of the company; and
561069B.I-18/9/2007 3 BILL LA INTRODUCTION 18/9/2007
Graffiti Prevention Bill 2007
Part 1--Preliminary
s. 4
(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
5 passengers of any transport company
that are owned by the transport
company or operated by it, under
contract to it or on its behalf;
public place has the same meaning as in the
10 Summary Offences Act 1966;
transport company means--
(a) a passenger transport company within
the meaning of section 2(1) of the
Transport Act 1983; or
15 (b) a bus company within the meaning of
section 2(1) of the Transport Act
1983;
(c) a rail freight operator within the
meaning of section 2(1) of the
20 Transport Act 1983; or
(d) a rail corporation within the meaning of
section 3(1) of the Rail Corporations
Act 1996.
4 Other laws not affected
25 This Act does not derogate from the Crimes Act
1958, the Summary Offences Act 1966 or any
other law.
__________________
561069B.I-18/9/2007 4 BILL LA INTRODUCTION 18/9/2007
Graffiti Prevention Bill 2007
Part 2--Offences
s. 5
PART 2--OFFENCES
5 Marking graffiti
A person must not mark graffiti on property if the
graffiti is visible from a public place unless the
5 person has first obtained the express consent of
the owner, or an agent of the owner, of the
property to do so.
Penalty: Level 7 imprisonment.
6 Marking offensive graffiti
10 (1) A person must not mark graffiti that is visible
from a public place if the graffiti, or any part of
the graffiti, would offend a reasonable person.
Penalty: Level 7 imprisonment.
(2) Subsection (1) does not apply to graffiti that is
15 reasonable political comment.
7 Possessing a prescribed graffiti implement
(1) A person must not, without lawful excuse, possess
a prescribed graffiti implement--
(a) on property of a transport company; or
20 (b) in an adjacent public place; or
(c) in a place where the person is trespassing or
has entered without invitation.
Penalty: 25 penalty units.
(2) It is a lawful excuse for the purposes of subsection
25 (1) that the person is in possession of a prescribed
graffiti implement in the course of engaging in, or
carrying out any functions in relation to, his or her
employment, occupation, business, trade or
profession.
561069B.I-18/9/2007 5 BILL LA INTRODUCTION 18/9/2007
Graffiti Prevention Bill 2007
Part 2--Offences
s. 8
(3) If a member of the police force may exercise
powers under Division 2 of Part IV of the Drugs,
Poisons and Controlled Substances Act 1981 in
respect of a person under 18 years of age--
5 (a) the member must deal with the person in the
manner set out in that Division; and
(b) the person does not commit an offence
against subsection (1).
8 Possessing a graffiti implement with intent to mark
10 graffiti
A person must not possess a graffiti implement
with the intention of using it to contravene
section 5 or 6.
Penalty: 25 penalty units.
15 9 Advertising for sale a prescribed graffiti implement
(1) A person must not advertise for sale a prescribed
graffiti implement if the advertisement is likely to
incite or promote unlawful graffiti and the person
intends the advertisement to incite or promote
20 unlawful graffiti.
Penalty: 50 penalty units.
(2) In a proceeding for an offence against subsection
(1), proof that the advertisement is published--
(a) in a publication; or
25 (b) on an Internet site--
that contains images or documents which incite or
promote unlawful graffiti is admissible in
evidence for the purpose of establishing that the
advertisement is likely to incite or promote
30 unlawful graffiti and, in the absence of evidence
to the contrary, is proof of that fact.
561069B.I-18/9/2007 6 BILL LA INTRODUCTION 18/9/2007
Graffiti Prevention Bill 2007
Part 2--Offences
s. 10
10 Sale of aerosol paint container to person under
18 years of age
(1) In this section, minor means a person under
18 years of age.
5 (2) A person must not sell an aerosol paint container
to a minor unless the minor produces to the person
a letter or statutory declaration from the employer
of the minor stating that the minor requires an
aerosol paint container for the purposes of his or
10 her employment.
Penalty: 20 penalty units.
(3) A person who is an employer or principal must
take reasonable precautions to prevent an
employee or agent of the person from
15 contravening subsection (2) while performing his
or her duties as employee or agent.
Penalty: 20 penalty units.
(4) A prosecution for an offence against subsection
(2) or (3) may only be commenced by an
20 authorised officer.
11 Infringement notices, penalties and offences
(1) A member of the police force may serve an
infringement notice on a person who the member
has reason to believe has committed an offence
25 against section 7(1).
(2) An authorised officer may serve an infringement
notice on a person who the officer has reason to
believe has committed an offence against section
10(2).
30 (3) The offences referred to in subsections (1) and (2)
for which an infringement notice may be served
are infringement offences within the meaning of
the Infringements Act 2006.
561069B.I-18/9/2007 7 BILL LA INTRODUCTION 18/9/2007
Graffiti Prevention Bill 2007
Part 2--Offences
s. 11
(4) The infringement penalty for an offence against
section 7(1) is 5 penalty units.
(5) The infringement penalty for an offence against
section 10(2) is 2 penalty units.
__________________
561069B.I-18/9/2007 8 BILL LA INTRODUCTION 18/9/2007
Graffiti Prevention Bill 2007
Part 3--Powers of Search and Seizure
s. 12
PART 3--POWERS OF SEARCH AND SEIZURE
12 Issue of search warrant
(1) A member of the police force may apply to a
magistrate for the issue of a search warrant in
5 relation to particular premises if the member
believes on reasonable grounds that there is on the
premises a particular thing that may be evidence
of the commission of an offence against this Act.
(2) If the magistrate to whom the application is made
10 is satisfied by evidence on oath, whether oral or
by affidavit, that there are reasonable grounds for
believing that an offence against this Act has been
or is being committed, the magistrate may issue a
search warrant authorising the member named in
15 the warrant and any assistants the member
considers necessary--
(a) to enter the premises, or the part of the
premises, named or described in the warrant;
and
20 (b) to search for and seize any article, thing or
material of a kind named or described in the
warrant.
(3) In addition to any other requirement, a search
warrant issued under this section must state--
25 (a) the alleged offence; and
(b) the premises to be searched; and
(c) a description of the article, thing or material
for which the search is to be made; and
(d) any conditions to which the warrant is
30 subject; and
561069B.I-18/9/2007 9 BILL LA INTRODUCTION 18/9/2007
Graffiti Prevention Bill 2007
Part 3--Powers of Search and Seizure
s. 13
(e) whether entry is authorised to be made at any
time or during stated hours; and
(f) a day, not later than 7 days after the issue of
the warrant, on which the warrant ceases to
5 have effect.
(4) A search warrant must be issued in accordance
with the Magistrates' Court Act 1989 and in the
form prescribed under that Act.
(5) The rules to be observed with respect to search
10 warrants mentioned in the Magistrates' Court
Act 1989 extend and apply to warrants under this
section.
13 Search without warrant
(1) Subject to subsection (3), if a member of the
15 police force has reasonable grounds for suspecting
that--
(a) a person has in his or her possession a
prescribed graffiti implement on property, or
in a place, referred to in section 7(1); and
20 (b) relevant evidence is likely to be lost or
destroyed if a search is delayed until a search
warrant is obtained; and
(c) the person is 14 years of age or more--
the member may, without warrant, search the
25 person and any vehicle, package or thing in the
possession of the person and seize any prescribed
graffiti implement or other evidence of an offence
against this Act found during the course of the
search.
561069B.I-18/9/2007 10 BILL LA INTRODUCTION 18/9/2007
Graffiti Prevention Bill 2007
Part 3--Powers of Search and Seizure
s. 13
(2) For the purposes of subsection (1), the fact that a
person is present in or near--
(a) a location with a high incidence of graffiti;
or
5 (b) a location that appears to have been recently
marked with graffiti--
may be taken into account in determining whether
there are reasonable grounds for suspecting that
the person has a prescribed graffiti implement in
10 his or her possession.
(3) Before a member of the police force commences a
search of a person under subsection (1), the
member must--
(a) inform the person of the member's name,
15 rank and place of duty; and
(b) if requested by the person, provide the
information referred to in paragraph (a) in
writing; and
(c) produce the member's identification for
20 inspection by the person unless the member
is in uniform; and
(d) request the person to produce to the member
any graffiti implement that is in the person's
possession; and
25 (e) if the person is or appears to be under
18 years of age, comply with sections 14
and 15.
(4) If, before or during the conduct of a search of a
person under this section, a graffiti implement is
30 produced by or found on the person, the member
of the police force conducting the search must ask
the person why he or she is in possession of that
graffiti implement.
561069B.I-18/9/2007 11 BILL LA INTRODUCTION 18/9/2007
Graffiti Prevention Bill 2007
Part 3--Powers of Search and Seizure
s. 14
14 Search of persons under 18 years of age
(1) A person who is or appears to be under 14 years
of age must not be searched under this Act.
(2) A member of the police force who conducts a
5 search under this Part of a person who is or
appears to be 14 years of age or more and under
18 years of age must do so in one or more of the
following ways--
(a) the member may run his or her hands over
10 the person's outer clothing;
(b) the member may request the person to
remove his or her outer clothing and gloves,
shoes and headgear so that the member
may--
15 (i) run the member's hands over the
person's clothing that was immediately
under his or her outer clothing; or
(ii) search the person's outer clothing and
gloves, shoes and headgear.
20 15 Conduct of searches
(1) A member of the police force must conduct a
search under this Part of a person--
(a) in a manner that affords reasonable privacy
to the person being searched; and
25 (b) as quickly as is reasonably practicable.
(2) A member of the police force who conducts a
search under this Part of a vehicle, package or
thing may examine the exterior and interior of the
vehicle, package or thing.
30 (3) If, before or during the conduct of a search of a
person under this Part, a member of the police
force has reasonable grounds for suspecting that
the person is--
561069B.I-18/9/2007 12 BILL LA INTRODUCTION 18/9/2007
Graffiti Prevention Bill 2007
Part 3--Powers of Search and Seizure
s. 16
(a) under 18 years of age; and
(b) has in his or her possession or under his or
her control a volatile substance within the
meaning of Part IV of the Drugs, Poisons
5 and Controlled Substances Act 1981 or an
item used to inhale a volatile substance; and
(c) is inhaling or will inhale a volatile substance;
and
(d) the member may exercise powers under
10 Division 2 of Part IV of the Drugs, Poisons
and Controlled Substances Act 1981--
the member must cease conducting the search and
deal with the person in the manner set out in that
Division.
15 16 Duty to make records concerning searches without
warrant
(1) A member of the police force who conducts a
search under section 13 must make a written
record of the search containing the following
20 information--
(a) the member's name, rank and place of duty;
(b) the date of the search;
(c) the time of the search;
(d) the place where the search took place;
25 (e) the name of the person searched and, if
applicable, a description of any clothing,
vehicle, package or thing searched;
(f) the grounds relied on for conducting the
search;
30 (g) a description of any item seized from the
person searched.
(2) The record must be made as soon as practicable
after the completion of the search.
561069B.I-18/9/2007 13 BILL LA INTRODUCTION 18/9/2007
Graffiti Prevention Bill 2007
Part 3--Powers of Search and Seizure
s. 17
(3) A person subjected to a search under section 13 is
entitled, on request and without charge, to a copy
of the record of the search, if the request is made
not later than one year after the date of the search.
5 (4) A request under subsection (3) is made to the
officer in charge of the place of duty, referred to
in section 13(3)(a), of the member who conducted
the search.
17 Chief Commissioner to report on searches without
10 warrant
The Chief Commissioner of Police must provide
to the Minister for inclusion in the annual report
of operations under Part 7 of the Financial
Management Act 1994 a report containing--
15 (a) the number of searches without warrant
under section 13 conducted during that
financial year; and
(b) the number and type of graffiti implements
found during the course of those searches;
20 and
(c) any other information requested by the
Minister.
__________________
561069B.I-18/9/2007 14 BILL LA INTRODUCTION 18/9/2007
Graffiti Prevention Bill 2007
Part 4--Removal or Obliteration of Graffiti
s. 18
PART 4--REMOVAL OR OBLITERATION OF GRAFFITI
18 Removal of graffiti from private property
(1) A Council may, in accordance with this section,
take any action necessary to remove or obliterate
5 graffiti on private property if the graffiti is visible
from a public place.
(2) A Council may enter private property for the
purposes of subsection (1) if--
(a) the Council has served a notice under this
10 section on the owner or occupier of the
property at least 28 days before the action to
remove or obliterate the graffiti is proposed
to be taken; and
(b) the owner or occupier of the property has
15 given written consent to--
(i) the removal or obliteration of the
graffiti; and
(ii) entry to the property for that purpose.
(3) If entry to private property is not necessary for the
20 purposes of subsection (1)--
(a) the Council must serve a notice under this
section on the owner or occupier of the
property at least 10 days before the action to
remove or obliterate the graffiti is proposed
25 to be taken; and
(b) the Council may take the action if the owner
or occupier of the property--
(i) gives written consent to the removal or
obliteration of the graffiti; or
30 (ii) does not object, in accordance with the
notice, to the action being taken.
561069B.I-18/9/2007 15 BILL LA INTRODUCTION 18/9/2007
Graffiti Prevention Bill 2007
Part 4--Removal or Obliteration of Graffiti
s. 18
(4) A notice referred to in subsection (2)(a) or (3)(a)
must--
(a) give particulars of the action proposed to
remove or obliterate the graffiti; and
5 (b) specify the date on which the action is
proposed to be taken; and
(c) specify the manner of objecting to the
proposed action; and
(d) inform the owner or occupier of the terms of
10 section 21.
(5) A notice under this section may be addressed by
the description of "the owner" or "the occupier" of
the property (naming it) in respect of which the
notice is given, without further name or
15 description.
(6) A notice under this section may be served--
(a) by delivering it personally to the person to be
served; or
(b) by leaving it at that person's usual or last
20 known place of residence with a person
apparently over the age of 16 years and
apparently residing there; or
(c) by sending it by post addressed to that
person's usual or last known place of
25 residence; or
(d) if that person's name and address are not
known to the server, by posting it up on a
conspicuous part of the property in respect of
which the notice is given.
30 (7) The proposed action to remove or obliterate
graffiti must not be taken if--
(a) where entry to private property is necessary,
the owner or occupier does not give written
consent as required by subsection (2)(b); or
561069B.I-18/9/2007 16 BILL LA INTRODUCTION 18/9/2007
Graffiti Prevention Bill 2007
Part 4--Removal or Obliteration of Graffiti
s. 19
(b) where entry to private property is not
necessary, the owner or occupier objects to
the proposed action in the manner specified
in the notice referred to in subsection (3)(a)
5 at any time before the proposed action is
taken.
(8) In taking action to remove or obliterate graffiti
under this section, a Council must--
(a) take reasonable steps to consult with the
10 owner or occupier of the property in relation
to the manner in which the action is to be
taken; and
(b) if entry to private property is necessary,
ensure that the work is carried out by an
15 authorised person; and
(c) ensure, as far as is practicable, that the work
is carried out--
(i) expeditiously and in such a way as to
avoid unnecessary inconvenience or
20 disruption to the owner or occupier of
the property; and
(ii) with reasonable care and to a
reasonable standard.
19 Authorised persons
25 (1) A Council may authorise a person in writing to
carry out the Council's functions under section 18.
(2) In determining whether to authorise a person
under subsection (1), a Council must consider
whether the person--
30 (a) has the relevant knowledge and experience
and is competent to exercise the functions
conferred on an authorised person under this
Part; and
561069B.I-18/9/2007 17 BILL LA INTRODUCTION 18/9/2007
Graffiti Prevention Bill 2007
Part 4--Removal or Obliteration of Graffiti
s. 20
(b) is of good repute, having regard to character,
honesty and integrity; and
(c) has agreed in writing to exercise the
functions and powers conferred on an
5 authorised person under this Part in
accordance with performance criteria
determined from time to time by the Council.
(3) An authorisation under this section is for the term,
and subject to the conditions, specified in the
10 authorisation.
20 Authorised persons to have identity card
(1) A Council must issue an identity card to a person
authorised under section 19.
(2) An identity card under subsection (1) must--
15 (a) contain a photograph of the authorised
person; and
(b) contain the signature of the authorised
person; and
(c) be signed by a member of staff of the
20 Council authorised by the Council to do so,
either generally or in a particular case.
(3) An authorised person who is exercising a power
or performing a function under section 18 must
produce his or her identity card on being
25 requested to do so.
(4) Any action taken or thing done by an authorised
person is not invalidated by his or her failure to
produce his or her identity card.
21 No compensation
30 No compensation is payable in respect of any loss,
damage or injury to property resulting from or
arising out of any act or omission done in good
faith by any person in the exercise of a power or
the performance of a function under this Part.
561069B.I-18/9/2007 18 BILL LA INTRODUCTION 18/9/2007
Graffiti Prevention Bill 2007
Part 4--Removal or Obliteration of Graffiti
s. 22
22 No duty to remove graffiti
Nothing in this Part imposes a duty on a Council
to remove or obliterate graffiti from private
property.
__________________
561069B.I-18/9/2007 19 BILL LA INTRODUCTION 18/9/2007
Graffiti Prevention Bill 2007
Part 5--Miscellaneous
s. 23
PART 5--MISCELLANEOUS
23 Payment of penalties
If an authorised officer appointed by a Council
prosecutes an offence against section 10(2), all
5 penalties recovered in relation to the offence must
be paid into the municipal fund of that Council.
24 Forfeiture of graffiti implements
(1) If a court--
(a) finds a person guilty of an offence against
10 this Act; or
(b) finds a person not guilty of an offence
against this Act because of mental
impairment--
the graffiti implement to which the offence relates
15 is forfeited to the Crown and may be sold or
destroyed, unless the court orders that it be
returned to the person.
(2) If a person is served with an infringement notice
for an offence against section 7(1) and--
20 (a) the person pays the infringement penalty in
full under the Infringements Act 2006 or
otherwise; or
(b) the person commences to pay the
infringement penalty by payment plan under
25 section 48 of the Infringements Act 2006;
or
(c) the infringement notice is withdrawn under
section 18 of the Infringements Act 2006
and an official warning is served on the
30 person in accordance with section 8 of that
Act; or
561069B.I-18/9/2007 20 BILL LA INTRODUCTION 18/9/2007
Graffiti Prevention Bill 2007
Part 5--Miscellaneous
s. 25
(d) an enforcement order under section 59 of
the Infringements Act 2006 or under
Schedule 3 to the Children, Youth and
Families Act 2005 is made in relation to the
5 infringement offence and any action is taken
to enforce that enforcement order--
the graffiti implement to which the offence relates
is forfeited to the Crown and may be sold or
destroyed.
10 (3) A graffiti implement forfeited under subsection
(1) must not be sold or destroyed until the period
for an appeal has expired or, if an appeal has been
lodged, the appeal has been dismissed.
25 Return of seized items when no proceedings
15 brought etc.
(1) An article, thing or material which has been seized
in relation to an offence against this Act must be
returned to the person from whom it was seized
if--
20 (a) proceedings for that offence are not
commenced within the period of 3 months
after the seizure; or
(b) a decision is made within that period not to
bring proceedings for that offence; or
25 (c) the person is found not guilty of the offence
(other than not guilty because of mental
impairment); or
(d) in the case of an infringement notice served
for an offence against section 7(1), the
30 infringement notice--
(i) is withdrawn on the ground that no
further action will be taken in relation
to the offence; or
561069B.I-18/9/2007 21 BILL LA INTRODUCTION 18/9/2007
Graffiti Prevention Bill 2007
Part 5--Miscellaneous
s. 26
(ii) is cancelled under section 38 of the
Infringements Act 2006 or under
clause 16 of Schedule 3 to the
Children, Youth and Families Act
5 2005 and the seized article, thing or
material has not been sold or destroyed.
(2) The member of the police force in charge of the
police station at which the seized article, thing or
material is kept must give notice to the person
10 from whom it was seized of that person's right to
have it returned.
(3) A person to whom notice is given under
subsection (2) may apply within 7 days after
receipt of the notice for the return of the seized
15 article, thing or material.
(4) If an application is not made in accordance with
subsection (3), the seized article, thing or material
is forfeited to the Crown and may be sold or
destroyed.
20 (5) A person who applies in accordance with
subsection (3) for the return of a seized article,
thing or material must collect it from the police
station at which it is kept.
(6) If the person who applies for the return of a seized
25 article, thing or material is under 18 years of age,
the seized article, thing or material must not be
returned to the person unless he or she is
accompanied by his or her parent or guardian
when collecting it.
30 26 Proceeds of sale of forfeited property to be paid into
Consolidated Fund
The proceeds of the sale of any property forfeited
to the Crown under this Act must be paid into the
Consolidated Fund.
561069B.I-18/9/2007 22 BILL LA INTRODUCTION 18/9/2007
Graffiti Prevention Bill 2007
Part 5--Miscellaneous
s. 27
27 Regulations
(1) The Governor in Council may make regulations
for or with respect to--
(a) prescribing graffiti implements for the
5 purposes of the definition of prescribed
graffiti implement; and
(b) the manner in which searches and seizures
under this Act are to be carried out; and
(c) prescribing forms; and
10 (d) generally prescribing any other matter or
thing required or permitted by this Act to be
prescribed or necessary to be prescribed to
give effect to this Act.
(2) The regulations--
15 (a) may be of general or limited application;
(b) may differ according to differences in time,
place or circumstance;
(c) may confer a discretionary authority or
impose a duty on a specified person or body
20 or class of persons or bodies.
561069B.I-18/9/2007 23 BILL LA INTRODUCTION 18/9/2007
Graffiti Prevention Bill 2007
Part 5--Miscellaneous
s. 28
See: 28 Amendment of the Transport Act 1983
Act No.
9921. (1) Sections 223A, 223B, 223C, 223D, 223E and
Reprint No. 12 223F of the Transport Act 1983 are repealed.
as at
1 January
2007
(2) This section is repealed on 1 September 2009.
and
amending
Act Nos
95/2005,
97/2005,
9/2006,
47/2006,
48/2006,
71/2006,
85/2006,
28/2007 and
30/2007.
LawToday:
www.
legislation.
vic.gov.au
561069B.I-18/9/2007 24 BILL LA INTRODUCTION 18/9/2007
Graffiti Prevention Bill 2007
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561069B.I-18/9/2007 25 BILL LA INTRODUCTION 18/9/2007
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