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Version No. 013

Graffiti Prevention Act 2007No. 59 of 2007

Version incorporating amendments as at31 December 2017

TABLE OF PROVISIONSSection Page

Part 1—Preliminary 1

1 Purpose 12 Commencement 13 Definitions 24 Other laws not affected 5

Part 2—Offences 6

5 Marking graffiti 66 Marking offensive graffiti 67 Possessing a prescribed graffiti implement 68 Possessing a graffiti implement with intent to mark graffiti 79 Advertising for sale a prescribed graffiti implement 710 Sale of aerosol paint container to person under 18 years of age 811 Infringement notices, penalties and offences 8

Part 3—Powers of search and seizure 10

12 Issue of search warrant 1013 Search without warrant 1114 Search of persons under 18 years of age 1315 Conduct of searches 1416 Duty to make records concerning searches without warrant 1517 Chief Commissioner to report on searches without warrant 1617A Seizure of graffiti implement 16

Part 4—Removal or obliteration of graffiti 18

18 Removal of graffiti from private property 1819 Authorised persons 2120 Authorised persons to have identity card 2121 No compensation 2222 No duty to remove graffiti 22

Part 5—Miscellaneous 23

23 Payment of penalties 23

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24 Forfeiture of graffiti implements 2325 Return of seized items when no proceedings brought etc. 2426 Proceeds of sale of forfeited property to be paid into

Consolidated Fund 2627 Regulations 26

═══════════════

Endnotes 28

1 General information 28

2 Table of Amendments 30

3 Amendments Not in Operation 32

4 Explanatory details 33

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Version No. 013


Version incorporating amendments as at31 December 2017

The Parliament of Victoria enacts:

Part 1—Preliminary1 Purpose

The purpose of this Act is to reduce the incidence of graffiti by—

(a) creating graffiti-related offences; and

(b) providing search and seizure powers for police officers; and

(c) providing power for a Council to enter private property for the purpose of removing graffiti.

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.

(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 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.

1

S. 1(b) amended by No. 37/2014 s. 10(Sch. item 75.1).

3 Definitions

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 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

(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;

authorised officer means an authorised officer appointed under section 224 of the Local Government Act 1989;

authorised person means a person authorised under section 19;

Council has the same meaning as in the Local Government Act 1989;

designated place has the same meaning as in the Victoria Police Act 2013;

graffiti implement means an implement or substance that is capable of being used to mark graffiti;

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S. 3 def. of designated place inserted by No. 43/2011 s. 22, substituted by No. 37/2014 s. 10(Sch. item 75.2(b)).

graffiti offence means—

(a) an offence against this Act; or

(b) an offence against regulation 27, 27A or 48 of the Transport (Conduct) Regulations 2005;

mark graffiti means write, draw, mark, scratch or otherwise deface property by any means so that the defacement is not readily removable by wiping with a dry cloth;

police officer has the same meaning as in the Victoria Police Act 2013;

possession means—

(a) actual physical possession; or

(b) custody or control; or

(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

(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—

(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 premises of the company; and

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S. 3 def. of graffiti offence inserted by No. 52/2010 s. 29.

S. 3 def. of police officer inserted by No. 37/2014 s. 10(Sch. item 75.2(a)).

(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 passengers of any transport company that are owned by the transport company or operated by it, under contract to it or on its behalf;

protective services officer means a protective services officer appointed under section 38 of the Victoria Police Act 2013;

public place has the same meaning as in the Summary Offences Act 1966;

transport company means—

(a) a passenger transport company within the meaning of section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983; or

(b) a bus company within the meaning of section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983;

(c) a rail freight operator within the meaning of section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983; or

(d) a rail corporation within the meaning of section 3(1) of the Rail Management Act 1996.

4

S. 3 def. of protective services officer inserted by No. 43/2011 s. 22, amended by No. 37/2014 s. 10(Sch. item 75.2(c)).

S. 3 def. of transport company amended by No. 6/2010 s. 203(1)(Sch. 6 item 24) (as amended by No. 45/2010 s. 22).

4 Other laws not affected

This Act does not derogate from the Crimes Act 1958, the Summary Offences Act 1966 or any other law.

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Part 2—Offences5 Marking graffiti

A person must not mark graffiti on property if the graffiti is visible from a public place unless the 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

(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 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

(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 (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.

Part 1—Preliminary


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(3) If a police officer or a protective services officer 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—

(a) the police officer or protective services officer 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 graffiti

A person must not possess a graffiti implement with the intention of using it to contravene section 5 or 6.


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 unlawful graffiti.


(2) In a proceeding for an offence against subsection (1), proof that the advertisement is published—

(a) in a publication; or

(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

S. 7(3) amended by Nos 43/2011 s. 23(1), 37/2014 s. 10(Sch. item 75.3(a)).

S. 7(3)(a) amended by Nos 43/2011 s. 23(2), 37/2014 s. 10(Sch. item 75.3(b)).



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unlawful graffiti and, in the absence of evidence to the contrary, is proof of that fact.

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.

(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 her employment.


(3) A person who is an employer or principal must take reasonable precautions to prevent an employee or agent of the person from contravening subsection (2) while performing his or her duties as employee or agent.


(4) A prosecution for an offence against subsection (2) or (3) may only be commenced by an authorised officer.

11 Infringement notices, penalties and offences

(1) A police officer may serve an infringement notice on a person who the police officer has reason to believe has committed an offence against section 7(1).

(1A) A protective services officer may serve an infringement notice on a person who the officer has reason to believe has committed an offence against section 7(1) at or in the vicinity of a designated place.

S. 11(1) amended by No. 37/2014 s. 10(Sch. item 75.4).

S. 11(1A) inserted by No. 43/2011 s. 24.



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(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).

(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.

(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.



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Part 3—Powers of search and seizure12 Issue of search warrant

(1) A police officer may apply to a magistrate for the issue of a search warrant in relation to particular premises if the police officer 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 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 police officer named in the warrant and any assistants the police officer considers necessary—

(a) to enter the premises, or the part of the premises, named or described in the warrant; and

(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—

(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 subject; and

S. 12(1) amended by No. 37/2014 s. 10(Sch. item 75.5(a)).

S. 12(2) amended by No. 37/2014 s. 10(Sch. item 75.5(b)).



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(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 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 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 police officer, or a protective services officer on duty at a designated place, 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

(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 police officer or protective services officer may, without warrant, search the 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.

S. 13(1) amended by Nos 43/2011 s. 25(1), 37/2014 s. 10(Sch. item 75.6(a)).



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(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

(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 his or her possession.

(3) Before a police officer or a protective services officer commences a search of a person under subsection (1), the police officer or protective services officer must—

(a) inform the person of his or her name, 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 his or her identification for inspection by the person unless the police officer or protective services officer is in uniform; and

(d) request the person to produce to the police officer or protective services officer any graffiti implement that is in the person's possession; and

(e) if the person is or appears to be under 18 years of age, comply with sections 14 and 15.

S. 13(3) amended by Nos 43/2011 s. 25(2)(a)(b), 37/2014 s. 10(Sch. item 75.6(b)(i)(ii)).

S. 13(3)(a) amended by No. 43/2011 s. 25(2)(c).

S. 13(3)(c) amended by Nos 43/2011 s. 25(2)(d), 37/2014 s. 10(Sch. item 75.6(b)(ii)).

S. 13(3)(d) amended by No. 37/2014 s. 10(Sch. item 75.6(b)(iii)).



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(4) If, before or during the conduct of a search of a person under this section, a graffiti implement is produced by or found on the person, the police officer or the protective services officer conducting the search must ask the person why he or she is in possession of that graffiti implement.

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 police officer or a protective services officer who conducts a 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 police officer or protective services officer may run his or her hands over the person's outer clothing;

(b) the police officer or protective services officer may request the person to remove his or her outer clothing and gloves, shoes and headgear so that the police officer or protective services officer may—

(i) run his or her hands over the person's clothing that was immediately under the person's outer clothing; or

(ii) search the person's outer clothing and gloves, shoes and headgear.

S. 13(4) amended by Nos 43/2011 s. 25(3), 37/2014 s. 10(Sch. item 75.6(c)).

S. 14(2) amended by Nos 43/2011 s. 26(a), 37/2014 s. 10(Sch. item 75.7(a)).

S. 14(2)(a) amended by Nos 43/2011 s. 26(b), 37/2014 s. 10(Sch. item 75.7(b)).

S. 14(2)(b) amended by Nos 43/2011 s. 26(c)(i), 37/2014 s. 10(Sch. item 75.7(b)).

S. 14(2)(b)(i) amended by No. 43/2011 s. 26(c)(ii)(iii).



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15 Conduct of searches

(1) A police officer or a protective services officer must conduct a search under this Part of a person—

(a) in a manner that affords reasonable privacy to the person being searched; and

(b) as quickly as is reasonably practicable.

(2) A police officer or a protective services officer 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.

(3) If, before or during the conduct of a search of a person under this Part, a police officer or a protective services officer has reasonable grounds for suspecting that the person is—

(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 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 police officer or protective services officer may exercise powers under Division 2 of Part IV of the Drugs, Poisons and Controlled Substances Act 1981—

the police officer or protective services officer must cease conducting the search and deal with the person in the manner set out in that Division.



S. 15(3) amended by Nos 43/2011 s. 27, 37/2014 s. 10(Sch. item 75.8(b)).

S. 15(3)(d) amended by Nos 43/2011 s. 27(b), 37/2014 s. 10(Sch. item 75.8(b)(ii)).



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16 Duty to make records concerning searches without warrant

(1) A police officer or a protective services officer who conducts a search under section 13 must make a written record of the search containing the following information—

(a) the police officer's or protective services officer'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;

(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;

(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.

(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.

(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 police officer or protective services officer who conducted the search.

S. 16(1) amended by Nos 43/2011 s. 28(1)(a), 37/2014 s. 10(Sch. item 75.9(a)(i)).

S. 16(1)(a) amended by Nos 43/2011 s. 28(1)(b), 37/2014 s. 10(Sch. item 75.9(a)(ii)).

S. 16(4) amended by Nos 43/2011 s. 28(2), 37/2014 s. 10(Sch. item 75.9(b)).



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17 Chief Commissioner to report on searches without 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—

(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; and

(c) any other information requested by the Minister.

17A Seizure of graffiti implement

(1) An authorised transport officer may seize from a person a graffiti implement, using reasonable force if necessary, if the authorised transport officer believes on reasonable grounds that the graffiti implement has been, or will be, used to commit a graffiti offence.

(2) Despite subsection (1), an authorised transport officer must not seize a graffiti implement under that subsection unless—

(a) the authorised transport officer—

(i) has complied with the requirements of section 218B of the Transport (Compliance and Miscellaneous) Act 1983; and

(ii) informed the person in possession of the graffiti implement of the grounds for his or her belief that the graffiti implement has been, or will be, used to commit a graffiti offence; and

S. 17A inserted by No. 52/2010 s. 30.



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(iii) asked the person to hand over the graffiti implement; and

(iv) informed the person that the authorised transport officer has the power under this Act to seize the graffiti implement in these circumstances; and

(b) the graffiti implement is fully or partially visible immediately before it is seized.

(3) If the person voluntarily hands over the graffiti implement, the graffiti implement is taken to have been seized under this section.

(4) Nothing in this section authorises an authorised transport officer to search a person or to seize anything that is not fully or partially visible immediately before it is seized.

(5) In this section, authorised transport officer means a person authorised by the Secretary under section 221A or 221AB of the Transport (Compliance and Miscellaneous) Act 1983.

S. 17A(5) amended by No. 61/2011 s. 25(Sch. 2 item 2).



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Part 4—Removal or obliteration of graffiti18 Removal of graffiti from private property

(1) A Council may, in accordance with this section, take any action necessary to remove or obliterate 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 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 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 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 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

(ii) does not object, in accordance with the notice, to the action being taken.



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(3A) Within 12 months after a Council has taken action under subsection (3) to remove or obliterate graffiti on private property and subject to subsection (3B), the Council may take further action to remove or obliterate graffiti subsequently marked on the property without giving notice to, or obtaining the consent of, the owner or occupier.

(3B) A Council may not take further action under subsection (3A) to remove or obliterate graffiti marked on a property if the Council has received from the owner or occupier of the property an objection to the further action being taken.

(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

(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 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 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 known place of residence with a person apparently over the age of 16 years and apparently residing there; or


S. 18(3B) inserted by No. 52/2010 s. 31.



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(c) by sending it by post addressed to that person's usual or last known place of 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.

(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

(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) 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 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 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 disruption to the owner or occupier of the property; and

(ii) with reasonable care and to a reasonable standard.



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19 Authorised persons

(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—

(a) has the relevant knowledge and experience and is competent to exercise the functions conferred on an authorised person under this Part; and

(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 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 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—

(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 Council authorised by the Council to do so, either generally or in a particular case.



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(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 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

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.

22 No duty to remove graffiti

Nothing in this Part imposes a duty on a Council to remove or obliterate graffiti from private property.



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Part 5—Miscellaneous23 Payment of penalties

If an authorised officer appointed by a Council prosecutes an offence against section 10(2), all 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 a graffiti offence; or

(b) finds a person not guilty of a graffiti offence because of mental impairment—

the graffiti implement to which the offence relates 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—

(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 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 person in accordance with section 8 of that Act; or

S. 24(1)(a) amended by No. 52/2010 s. 32.

S. 24(1)(b) amended by No. 52/2010 s. 32.



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(ca) the person commences a payment arrangement under section 47 of the Fines Reform Act 2014; or

(cb) a notice of final demand under the Fines Reform Act 2014 is served in relation to the infringement offence; or

(d) an enforcement order under Schedule 3 to the Children, Youth and Families Act 2005 is made in relation to the 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.

(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 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—

(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

(c) the person is found not guilty of the offence (other than not guilty because of mental impairment); or

S. 24(2)(ca) inserted by No. 47/2014 s. 264(a).

S. 24(2)(cb) inserted by No. 47/2014 s. 264(a).

S. 24(2)(d) amended by No. 47/2014 s. 264(b).



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(d) in the case of an infringement notice served for an offence against section 7(1), the infringement notice—

(i) is withdrawn on the ground that no further action will be taken in relation to the offence; or

(ii) is cancelled under section 25(2A)(a) of the Infringements Act 2006 or under clause 16 of Schedule 3 to the Children, Youth and Families Act 2005 and the seized article, thing or material has not been sold or destroyed.

(2) If a seized article, thing or material is required under subsection (1) to be returned to the person from whom it was seized, notice must be given to that person of his or her right to have it returned.

(2A) For the purposes of subsection (2), the notice must be given—

(a) if the article, thing or material was seized under section 17A by an authorised transport officer and has not been handed over to a police officer, by the person in the Department of Transport, Planning and Local Infrastructure or the passenger transport or bus company, as the case may be, who is responsible for the custody of the article, thing or material; or

(b) otherwise, by the police officer in charge of the police station at which the seized article, thing or material is kept.

S. 25(1)(d)(ii) amended by No. 47/2014 s. 265.

S. 25(2) substituted by No. 52/2010 s. 33.


S. 25(2A)(a) amended by Nos 70/2013 s. 4(Sch. 2 item 22), 37/2014 s. 10(Sch. item 75.10).

S. 25(2A)(b) amended by No. 37/2014 s. 10(Sch. item 75.10).



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(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 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.

(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 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.

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.

27 Regulations

(1) The Governor in Council may make regulations for or with respect to—

(a) prescribing graffiti implements for the 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



26

(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—

(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 or class of persons or bodies.

* * * * *

═══════════════

S. 28 repealed by No. 59/2007 s. 28(2).



27

Endnotes1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 20 September 2007

Legislative Council: 11 October 2007

The long title for the Bill for this Act was "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 Graffiti Prevention Act 2007 was assented to on 27 November 2007 and came into operation as follows:

Sections 1–9, 11(1)(3)(4) and 12–28 on 17 April 2008; sections 10, 11(2) and (5) on 30 June 2008: Government Gazette 17 April 2008 page 742.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).



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http://www.legislation.vic.gov.au/

• Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

• Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

• Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. See section 36(3)(3D)(3E).



29

2 Table of AmendmentsThis publication incorporates amendments made to the Graffiti Prevention Act 2007 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Graffiti Prevention Act 2007, No. 59/2007Assent Date: 27.11.07Commencement Date: S. 28(2) on 1.9.09: s. 28(2)Current State: This information relates only to the provision/s

amending the Graffiti Prevention Act 2007

Transport Integration Act 2010, No. 6/2010 (as amended by No. 45/2010)Assent Date: 2.3.10Commencement Date: S. 203(1)(Sch. 6 item 24) on 1.7.10: Special Gazette

(No. 256) 30.6.10 p. 1Current State: This information relates only to the provision/s


Firearms and Other Acts Amendment Act 2010, No. 52/2010Assent Date: 7.9.10Commencement Date: Ss 29–33 on 1.11.10: Government Gazette 28.10.10

p. 2583Current State: This information relates only to the provision/s


Justice Legislation Amendment (Protective Services Officers) Act 2011, No. 43/2011

Assent Date: 6.9.11Commencement Date: Ss 22−28 on 28.11.11: Special Gazette (No. 379)

22.11.11 p. 1Current State: This information relates only to the provision/s


Transport Legislation Amendment (Public Transport Development Authority) Act 2011, No. 61/2011

Assent Date: 15.11.11Commencement Date: S. 25 on 15.12.11: Special Gazette (No. 407) 13.12.11

p. 1; Sch. 2 item 2 on 2.4.12: Special Gazette (No. 101) 27.3.12 p. 1

Current State: This information relates only to the provision/s amending the Graffiti Prevention Act 2007

Statute Law Revision Act 2013, No. 70/2013Assent Date: 19.11.13Commencement Date: S. 4(Sch. 2 item 22) on 1.12.13: s. 2(1)Current State: This information relates only to the provision/s




30

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date: 3.6.14Commencement Date: S. 10(Sch. item 75) on 1.7.14: Special Gazette

(No. 200) 24.6.14 p. 2Current State: This information relates only to the provision/s


Fines Reform Act 2014, No. 47/2014Assent Date: 1.7.14Commencement Date: Ss 264, 265 on 31.12.17: Special Gazette (No. 443)

19.12.17 p. 1Current State: This information relates only to the provision/s


–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––



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3 Amendments Not in OperationThis publication does not include amendments made to the Graffiti Prevention Act 2007 by the following Act/s.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Justice Legislation Amendment (Protective Services Officers and Other Matters) Act 2017, No. 45/2017

Assent Date: 26.9.17Commencement Date: S. 53 not yet proclaimedCurrent State: This information relates only to the provision/s


–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

At the date of this publication, the following provisions amending the Graffiti Prevention Act 2007 were Not in Operation:

Amending Act/s:

Justice Legislation Amendment (Protective Services Officers and Other Matters) Act 2017, No. 45/2017

53 Graffiti Prevention Act 2007

(1) After section 11(1A) of the Graffiti Prevention Act 2007 insert—

"(1B) A protective services officer may only exercise the power to serve an infringement notice under this section in relation to a person who was at or in the vicinity of a designated place at the time of the alleged offence.".

(2) After section 13(4) of the Graffiti Prevention Act 2007 insert—

"(5) A protective services officer may only exercise any power under this section in relation to a person, or vehicle, package or thing in the possession of the person who is at or in the vicinity of a designated place.".



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4 Explanatory detailsNo entries at date of publication.



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