Summary Offences (Tagging and Graffiti Vandalism) Amendment Act 2008

Part 1
Graffiti vandalism

4 New sections 11A and 11B inserted
  • (1) The following sections are inserted after section 11:

    11A Graffiti vandalism, tagging, defacing, etc
    • A person is liable to a community-based sentence (within the meaning of section 4(1) of the Sentencing Act 2002) or a fine not exceeding $2,000, or to both, if he or she damages or defaces any building, structure, road, tree, property, or other thing by writing, drawing, painting, spraying, or etching on it, or otherwise marking it,—

      • (a) without lawful authority; and

      • (b) without the consent of the occupier or owner or other person in lawful control.

    11B Possession of graffiti implements
    • A person is liable to a sentence of community work or a fine not exceeding $500, or to both, if without reasonable excuse he or she has in his or her possession a thing capable of being used to commit an offence against section 11A in circumstances in which it can reasonably be inferred that he or she intends to use it to commit such an offence.

    (2) Section 33 is consequentially amended by—

    • (a) omitting , defacing, etc. from the heading; and

    • (b) repealing paragraph (b).