Western Australian Consolidated Acts

ART GALLERY ACT 1959 - SECT 23

23 .         Offence of damaging, etc., any chattel in possession of the Board

        (1)         Every person who unlawfully — 

            (a)         damages;

            (b)         mutilates;

            (c)         destroys; or

            (d)         removes from the possession of the Board,

                any picture, engraving, exhibit or other work of art that is in the possession of the Board at the time it is damaged, mutilated, destroyed or removed, is guilty of an offence and is liable on summary conviction to a fine of $200 or to imprisonment for a term of 12 months or to both the fine and the imprisonment.

        (2)         Where a person is convicted of an offence against the provisions of subsection (1), the Court convicting that person may, in addition to imposing any penalty, order the person to pay to the Board the full amount of the value of the picture, engraving, exhibit or work of art damaged, mutilated, destroyed or removed, as the case may be, and the amount so ordered is recoverable as if it were part of the penalty imposed notwithstanding that the total of the penalty and the amount exceeds the maximum penalty which may be imposed.

        [Section 23 amended by No. 113 of 1965 s. 8(1).]