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This is a Bill, not an Act. For current law, see the Acts databases.


SUMMARY OFFENCES (GRAFFITI REMOVAL POWERS) AMENDMENT BILL 2008

         Queensland



Summary Offences (Graffiti
Removal Powers) Amendment
Bill 2008

 


 

 

Queensland Summary Offences (Graffiti Removal Powers) Amendment Bill 2008 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Amendment of pts 3, 3A and 4. . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Renumbering of ss 26-29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6 Insertion of new pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Part 3 Removal of public graffiti Division 1 Interpretation 27 Definitions for pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Division 2 Graffiti removal power 28 Graffiti removal power . . . . . . . . . . . . . . . . . . . . . . . . 6 29 Powers of entry. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 30 Notice about removal . . . . . . . . . . . . . . . . . . . . . . . . . 8 31 Protection of graffiti removal officers and helpers from civil liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 32 Protection of owners of a place for entry of graffiti removal officers and others . . . . . . . . . . . . . . . . . . . . 10 33 Prohibition on charging for removal of public graffiti. . 10 34 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 35 Graffiti removal officer to give notice of damage . . . . 11 36 Obstructing graffiti removal officer or helper. . . . . . . . 12 Division 3 Graffiti removal officers 37 Appointment and qualifications . . . . . . . . . . . . . . . . . 13 38 Appointment conditions and limit on powers . . . . . . . 13 39 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . 13 40 Production or display of identity card . . . . . . . . . . . . . 14

 


 

Summary Offences (Graffiti Removal Powers) Amendment Bill 2008 Contents 41 When graffiti removal officer ceases to hold office . . . 14 42 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 43 Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . 15 44 Approval of form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 45 Delegation by Minister . . . . . . . . . . . . . . . . . . . . . . . . 15 7 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 16 Page 2

 


 

2008 A Bill for An Act to amend the Summary Offences Act 2005 to provide for the removal of graffiti from particular places

 


 

Summary Offences (Graffiti Removal Powers) Amendment Bill 2008 [s 1] The Parliament of Queensland enacts-- 1 Clause 1 Short title 2 This Act may be cited as the Summary Offences (Graffiti 3 Removal Powers) Amendment Act 2008. 4 Clause 2 Commencement 5 This Act commences on a day to be fixed by proclamation. 6 Clause 3 Act amended 7 This Act amends the Summary Offences Act 2005. 8 Clause 4 Amendment of pts 3, 3A and 4 9 Parts 3, 3A and 4-- 10 renumber as parts 4, 5 and 6. 11 Clause 5 Renumbering of ss 26-29 12 Section 26 to 29-- 13 renumber as sections 46 to 50. 14 Clause 6 Insertion of new pt 3 15 After part 2-- 16 insert-- 17 Page 4

 


 

Summary Offences (Graffiti Removal Powers) Amendment Bill 2008 [s 6] `Part 3 Removal of public graffiti 1 `Division 1 Interpretation 2 `27 Definitions for pt 3 3 `In this part-- 4 appointing authority see section 37(1). 5 approved form see section 44. 6 consent does not include consent that has been revoked or 7 withdrawn. 8 graffiti removal notice see section 30(2). 9 graffiti removal officer means a person appointed as a graffiti 10 removal officer under section 37(1). 11 helper see section 29(10). 12 local graffiti removal officer means a person appointed as a 13 graffiti removal officer by the chief executive of a local 14 government. 15 owner, in relation to place, includes each of the following-- 16 (a) a person who is for the time being entitled to receive the 17 rent of the place or who, if the place were let to a tenant 18 at a rack-rent, would be entitled to receive the rack-rent; 19 (b) a person who is the holder of any lease, licence or other 20 permission to occupy the place from the State or a 21 person deriving title from the State; 22 (c) a person who is the occupier of the place or who has the 23 care, control or management of the place. 24 public graffiti means-- 25 (a) graffiti in a public place; or 26 (b) graffiti in another place but only to the extent the graffiti 27 can readily be seen from a public place. 28 Page 5

 


 

Summary Offences (Graffiti Removal Powers) Amendment Bill 2008 [s 6] remove, in relation to public graffiti, includes the following-- 1 (a) conceal; 2 (b) cover; 3 (c) attempt to remove. 4 Example-- 5 painting over graffiti 6 State graffiti removal officer means a person appointed as a 7 graffiti removal officer by the Minister. 8 `Division 2 Graffiti removal power 9 `28 Graffiti removal power 10 `(1) A graffiti removal officer may remove public graffiti from any 11 place. 12 `(2) In removing public graffiti from property owned by someone 13 other than the State or a local government, a graffiti removal 14 officer must take reasonable steps to leave the property in the 15 condition it would be in if the graffiti had not been placed on 16 the property. 17 `(3) If it is not practicable to leave the property in the condition 18 mentioned in subsection (2), it is sufficient for the subsection 19 for the graffiti removal officer to leave the property in a state 20 that is reasonably acceptable in all the circumstances. 21 Example for subsection (3)-- 22 Graffiti is placed on part of a wall. Reinstating the wall requires the 23 whole wall to be freshly painted. However, painting over the graffiti 24 only may leave the wall in a state that is reasonably acceptable in all the 25 circumstances. 26 `(4) This section applies subject to the limitations imposed under 27 this division on the powers of a graffiti removal officer to 28 enter the place. 29 Page 6

 


 

Summary Offences (Graffiti Removal Powers) Amendment Bill 2008 [s 6] `29 Powers of entry 1 `(1) For contacting an owner of a place or for giving a graffiti 2 removal notice, a graffiti removal officer may enter-- 3 (a) a public place; or 4 (b) vacant land; or 5 (c) land around premises other than a dwelling. 6 `(2) For contacting the owner of a dwelling, a graffiti removal 7 officer may enter land around the dwelling. 8 `(3) For subsections (1) and (2), a graffiti removal officer may only 9 enter enclosed land other than a public place if there is no 10 other reasonably practical way for contacting an owner of a 11 place or giving a graffiti removal notice. 12 `(4) To remove public graffiti, a graffiti removal officer may 13 enter-- 14 (a) a public place; or 15 (b) with the consent or implied consent of an owner of a 16 place--a place that is vacant land or premises other than 17 a dwelling; or 18 Note-- 19 For implied consent, see section 30(6). 20 (c) with the consent of an owner of a dwelling--a dwelling 21 or land around a dwelling. 22 `(5) For subsection (4)(b) and (c), the consent of an owner is 23 unnecessary if, when removing the public graffiti, including 24 with necessary equipment-- 25 (a) the graffiti removal officer and any persons helping the 26 officer, are in a public place; and 27 (b) entry to the owner's place is limited to either of the 28 following and the entry is a minimal intrusion-- 29 (i) leaning or reaching over into the place; 30 (ii) working on property that creates a border along the 31 public place; and 32 Page 7

 


 

Summary Offences (Graffiti Removal Powers) Amendment Bill 2008 [s 6] (c) the entry happens at a reasonable time having regard to 1 all the circumstances. 2 Example for paragraph (b)-- 3 removing public graffiti from a front fence of a dwelling or other place 4 `(6) A graffiti removal officer may only exercise power under 5 subsection (4)(b) and (c) if the public graffiti is not accessible 6 from a public place. 7 `(7) A graffiti removal officer may only enter a place to the extent 8 reasonably necessary to perform the officer's duties. 9 `(8) If a graffiti removal officer enters a place to remove public 10 graffiti with the consent of an owner of the place, the officer's 11 exercise of powers on the place is subject to any conditions on 12 which the consent is given. 13 `(9) The power to enter includes the power to enter on more than 1 14 occasion. 15 `(10) The power to enter to remove public graffiti includes the 16 power to enter with other persons (each of whom is a helper), 17 and vehicles and equipment, if that is reasonably necessary. 18 `(11) Subsections (9) and (10) are subject to the requirements for 19 consent mentioned in subsection (4). 20 `(12) A vehicle and equipment may not be taken onto a place that is 21 not constructed to safely accommodate their movement or 22 presence. 23 `(13) In this section-- 24 enclosed land means-- 25 (a) land fenced in a way that ordinarily restricts access 26 when the land is not open to the public; or 27 (b) land otherwise ordinarily enclosed to restrict access. 28 premises, for subsection (4)(b), includes land around 29 premises. 30 `30 Notice about removal 31 `(1) This section applies in relation to public graffiti at a place if-- 32 Page 8

 


 

Summary Offences (Graffiti Removal Powers) Amendment Bill 2008 [s 6] (a) the place is not used for a dwelling; and 1 (b) the owner of the place is not the State or a local 2 government. 3 `(2) Before starting to remove the public graffiti under section 28, 4 a graffiti removal officer must give a notice in the approved 5 form to the owner of the place (a graffiti removal notice). 6 `(3) Without limiting other ways for giving a graffiti removal 7 notice, a graffiti removal notice may be given by leaving the 8 notice at or near the public graffiti in a reasonably secure way 9 and in a conspicuous position. 10 `(4) If a graffiti removal notice is given to 1 of several owners of a 11 place, the notice is taken to be given to all the owners of the 12 place. 13 `(5) If the owner objects in the way stated in the graffiti removal 14 notice, the graffiti removal officer must not remove the public 15 graffiti without the owner's consent. 16 `(6) If the owner does not object within 14 days after the graffiti 17 removal notice is given, the owner is taken to have consented 18 to the removal of the public graffiti and to the activities 19 mentioned in section 29(9) to (11) relating to the removal. 20 `(7) Despite subsection (1), a graffiti removal officer is not 21 required to give a graffiti removal notice-- 22 (a) if the owner of the place consents to the removal of the 23 public graffiti when contacted by the officer; or 24 (b) when consent of the owner is unnecessary because of 25 section 29(5). 26 `31 Protection of graffiti removal officers and helpers 27 from civil liability 28 `(1) A graffiti removal officer, and any helper, are not civilly liable 29 to someone for an act done, or omission made, honestly and 30 without negligence under this part. 31 `(2) If subsection (1) prevents a civil liability attaching to the 32 officer or a helper of the officer, the liability attaches instead 33 to-- 34 Page 9

 


 

Summary Offences (Graffiti Removal Powers) Amendment Bill 2008 [s 6] (a) if the officer is a State graffiti removal officer--the 1 State; or 2 (b) if the officer is a local graffiti removal officer--the local 3 government that appointed the officer. 4 `32 Protection of owners of a place for entry of graffiti 5 removal officers and others 6 `(1) This section applies if a person (the owner)-- 7 (a) under the law, because he or she is the owner of a place, 8 owes a duty of care to a graffiti removal officer, and any 9 helper, who enters the place under this part; and 10 (b) is, apart from subsection (2), civilly liable in relation to 11 the death of or injury to the officer or helper because of 12 a breach of the duty. 13 `(2) Instead of the liability attaching to the owner, the liability 14 attaches instead to-- 15 (a) if the deceased or injured person was or is a State graffiti 16 removal officer or a helper of the officer--the State; or 17 (b) if the deceased or injured person was or is a local graffiti 18 removal officer or a helper of the officer--the local 19 government that appointed the officer. 20 `(3) However, if the breach of duty amounts to gross negligence, 21 the State or local government may recover from the owner as 22 a debt any damages, including costs, paid by the State or local 23 government under subsection (2). 24 `33 Prohibition on charging for removal of public graffiti 25 `(1) No fee is payable for the removal of public graffiti by the 26 owner of a place from which the public graffiti is removed to 27 the following (the remover)-- 28 (a) the State; 29 (b) a local government; 30 (c) a graffiti removal officer; 31 Page 10

 


 

Summary Offences (Graffiti Removal Powers) Amendment Bill 2008 [s 6] (d) any helper of a graffiti removal officer. 1 `(2) Subsection (1) is subject to any agreement between the owner 2 of the place and the remover. 3 `34 Compensation 4 `(1) A person may claim compensation from the appointing 5 authority of a graffiti removal officer if the person incurs loss 6 or expense because of the exercise or purported exercise of a 7 power under this part by the officer or any helper. 8 `(2) Payment of compensation may be claimed and ordered in a 9 proceeding for compensation brought in a court of competent 10 jurisdiction for the recovery of compensation. 11 `(3) A court may order the payment of compensation for the loss 12 or expense only if it is satisfied it is just to make the order in 13 the circumstances of the particular case. 14 `(4) For subsection (1), removal of public graffiti of itself does not 15 give rise to loss or expense. 16 `35 Graffiti removal officer to give notice of damage 17 `(1) This section applies if a graffiti removal officer or any helper, 18 in the exercise or purported exercise of a power under this 19 part, damages anything. 20 `(2) The officer must immediately give written notice of the 21 particulars of the damage. 22 `(3) The notice must be given to the person who appears to the 23 graffiti removal officer to be the owner of the place where the 24 damaged thing is located. 25 `(4) If, for any reason, it is not practicable to comply with 26 subsection (3), the graffiti removal officer must-- 27 (a) leave the notice at the place where the damage 28 happened; and 29 (b) ensure the notice is left in a reasonably secure way and 30 in a conspicuous position. 31 Page 11

 


 

Summary Offences (Graffiti Removal Powers) Amendment Bill 2008 [s 6] `(5) For subsection (1), removal of public graffiti of itself is not 1 damage. 2 `36 Obstructing graffiti removal officer or helper 3 `(1) A person must not obstruct a graffiti removal officer, or any 4 helper, in the exercise of power under this part, unless the 5 person has a reasonable excuse. 6 Maximum penalty--40 penalty units. 7 `(2) Subsection (3) applies if-- 8 (a) a person obstructs a graffiti removal officer, or a helper, 9 in the exercise of power under this part; and 10 (b) the graffiti removal officer proposes to proceed with 11 exercise of the power. 12 `(3) The graffiti removal officer must-- 13 (a) if the officer has not already done so--identify himself 14 or herself as a graffiti removal officer and explain the 15 officer's power under this part; and 16 (b) warn the person that-- 17 (i) it is an offence to obstruct the officer and any 18 helper unless the person has a reasonable excuse; 19 and 20 (ii) the officer considers the person's conduct is 21 obstruction; and 22 (c) give the person a reasonable opportunity to stop the 23 obstruction. 24 `(4) In this section-- 25 obstruct includes the following-- 26 (a) assault; 27 (b) hinder; 28 (c) intimidate; 29 (d) prevent; 30 (e) attempt to obstruct. 31 Page 12

 


 

Summary Offences (Graffiti Removal Powers) Amendment Bill 2008 [s 6] `Division 3 Graffiti removal officers 1 `37 Appointment and qualifications 2 `(1) The Minister or the chief executive of a local government 3 (each of whom is an appointing authority) may appoint a 4 person as a graffiti removal officer. 5 Example-- 6 a cleaning contractor or subcontractor 7 `(2) However, the Minister and a chief executive officer may 8 appoint a person as a graffiti removal officer only if he or she 9 is satisfied the person is qualified for appointment because the 10 person has the necessary expertise or experience. 11 `38 Appointment conditions and limit on powers 12 `(1) A graffiti removal officer holds office on any conditions stated 13 in-- 14 (a) the officer's instrument of appointment; or 15 (b) a signed notice given to the officer; or 16 (c) a regulation. 17 `(2) The instrument of appointment, a signed notice given to the 18 graffiti removal officer or a regulation may limit the graffiti 19 removal officer's powers under this Act. 20 Example-- 21 The Minister may limit a graffiti removal officer's powers to public 22 places only. 23 `(3) In this section-- 24 signed notice means a notice signed by the appointing 25 authority who appointed the graffiti removal officer. 26 `39 Issue of identity card 27 `(1) The appointing authority of a graffiti removal officer must 28 issue an identity card to the officer. 29 Page 13

 


 

Summary Offences (Graffiti Removal Powers) Amendment Bill 2008 [s 6] `(2) The identity card must-- 1 (a) contain a recent photo of the graffiti removal officer; and 2 (b) contain a copy of the graffiti removal officer's signature; 3 and 4 (c) identify the person as a graffiti removal officer under 5 this Act; and 6 (d) state an expiry date for the card. 7 `(3) This section does not prevent the issue of a single identity 8 card to a person for this Act and other purposes. 9 `40 Production or display of identity card 10 `(1) In exercising a power under this Act in relation to a person, a 11 graffiti removal officer must-- 12 (a) produce the officer's identity card for the person's 13 inspection before exercising the power; or 14 (b) have the identity card displayed so it is clearly visible to 15 the person when exercising the power. 16 `(2) However, if it is not practicable to comply with subsection (1), 17 the graffiti removal officer must produce the identity card for 18 the person's inspection at the first reasonable opportunity. 19 `(3) For subsection (1), a graffiti removal officer does not exercise 20 a power in relation to a person only because the officer has 21 entered a place for giving an owner a graffiti removal notice. 22 `41 When graffiti removal officer ceases to hold office 23 `(1) A graffiti removal officer ceases to hold office if any of the 24 following happens-- 25 (a) the term of office stated in a condition of office ends; 26 (b) under another condition of office, the graffiti removal 27 officer ceases to hold office; 28 (c) the graffiti removal officer's resignation under section 29 42 takes effect. 30 Page 14

 


 

Summary Offences (Graffiti Removal Powers) Amendment Bill 2008 [s 6] `(2) Subsection (1) does not limit the ways a graffiti removal 1 officer may cease to hold office. 2 `(3) In this section-- 3 condition of office means a condition on which the graffiti 4 removal officer holds office. 5 `42 Resignation 6 `A graffiti removal officer may resign by signed notice given 7 to the appointing authority of the officer. 8 `43 Return of identity card 9 `A person who ceases to be a graffiti removal officer must 10 return the person's identity card to the appointing authority of 11 the officer within 7 days after ceasing to be a graffiti removal 12 officer, unless the person has a reasonable excuse. 13 Maximum penalty--10 penalty units. 14 `44 Approval of form 15 `The Minister may approve a form for use under section 30(2) 16 (the approved form). 17 `45 Delegation by Minister 18 `(1) The Minister may delegate the Minister's functions under this 19 part to the chief executive of a department. 20 `(2) The chief executive of a department may subdelegate the 21 delegated functions to an appropriately qualified officer in the 22 department. 23 `(3) In this section-- 24 appropriately qualified, for an officer to whom a function 25 may be subdelegated, includes having the qualifications, 26 experience or standing appropriate for the function. 27 Page 15

 


 

Summary Offences (Graffiti Removal Powers) Amendment Bill 2008 [s 7] Example of standing for officer in a department-- 1 the officer's classification or level in the department 2 functions includes powers.'. 3 Clause 7 Amendment of sch 2 (Dictionary) 4 (1) Schedule, definition public place-- 5 omit. 6 (2) Schedule-- 7 insert-- 8 `appointing authority, for part 3, see section 27. 9 approved form, for part 3, see section 27. 10 consent, for part 3, see section 27. 11 graffiti removal notice, for part 3, see section 27. 12 graffiti removal officer, for part 3, see section 27. 13 helper, for part 3, see section 27. 14 local graffiti removal officer, for part 3, see section 27. 15 owner, in relation to place, for part 3, see section 27. 16 public graffiti, for part 3, see section 27. 17 public place-- 18 (a) means a place that is open to or used by the public, 19 whether or not on payment of a fee; and 20 (b) without limiting paragraph (a), in part 3 includes the 21 following-- 22 (i) land declared to be busway land under the 23 Transport Infrastructure Act 1994, chapter 9; 24 (ii) land that is rail corridor land under the Transport 25 Infrastructure Act 1994. 26 remove, in relation to public graffiti, for part 3, see section 27. 27 State graffiti removal officer, for part 3, see section 27.'. 28 Page 16

 


 

Summary Offences (Graffiti Removal Powers) Amendment Bill 2008 [s 7] (3) Schedule, definition graffiti, `see'-- 1 omit, insert-- 2 `, for section 17, see'. 3 (4) Schedule, definition graffiti instrument, `includes'-- 4 omit, insert-- 5 `, for section 17, includes'. 6 (5) Schedule, definition place, after `dwelling'-- 7 insert-- 8 `, other premises and vacant land'. 9 © State of Queensland 2008 Page 17

 


 

AMENDMENTS TO BILL

Summary Offences (Graffiti Removal Powers) Amendment Bill 2008 Summary Offences (Graffiti Removal Powers) Amendment Bill 2008 Amendments agreed to during Consideration 1 Clause 6 (Insertion of new pt 3), proposed section 45 (Delegation by Minister)-- At page 15, line 20, after `a department'-- insert-- `or the chief executive officer (however described) of a government owned corporation'. 2 Clause 6 (Insertion of new pt 3), proposed section 45 (Delegation by Minister)-- At page 15, lines 24 to 27-- omit, insert-- `(3) The chief executive officer of a government owned corporation may subdelegate the delegated functions to an appropriately qualified employee in-- (a) the government owned corporation; or (b) a subsidiary of the government owned corporation. `(4) In this section-- appropriately qualified, for an officer or employee to whom a function may be subdelegated, includes having the qualifications, experience or standing appropriate for the function.' . © State of Queensland 2008

 


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