m Queensland Criminal Code and Other Acts (Graffiti Clean-up) Amendment Bill 2008 Queensland Criminal Code and Other Acts (Graffiti Clean-up) Amendment Bill 2008 Contents Page Preliminary Shorttitle .. 0... eee 4 Amendment of Criminal Code Code amended in pt2 ........... 02... eee eee 4 Amendment of s 469 (Wilful damage) ...................0. 4 Amendment of Regulatory Offences Act 1985 Act amended in pt3.......... 6... eee eee eee 5 Amendment of s 7 (Unauthorised damage to property)........ 5 Amendment of s 9 (Further power to fine) .................. 6 Amendment of Summary Offences Act 2005 Act amended in pt4........ 2.2... eee eee eee 6 Amendment of s 17 (Graffiti instrument) ................... 6 A Bill for An Act to amend the Criminal Code, Regulatory Offences Act 1985 and Summary Offences Act 2005 Clause Clause Clause Criminal Code and Other Acts (Graffiti Clean-up) Amendment Bill 2008 Part 1 Preliminary [s 1] The Parliament of Queensland enacts— Part 1 Preliminary 1 Short title This Act may be cited as the Criminal Code and Other Acts (Graffiti Clean-up) Amendment Act 2008. Part 2 Amendment of Criminal Code 2 Code amended in pt 2 This part amends the Criminal Code. 3 Amendment of s 469 (Wilful damage) (1) Section 469, punishment in special cases, clause 9(3), 'may'— omit, insert— 'must'. (2) Section 469, punishment in special cases, clause 9— insert— '(4) Subclause (3), as amended by the Criminal Code and Other Acts (Graffiti Clean-up) Amendment Act 2008, section 3(1), applies in relation to an offence whether the offence was committed before or after the commencement of this subsection.'. Page 4 ns \o SCOmMID VN fF wW NY FO NX Part 3 Criminal Code and Other Acts (Graffiti Clean-up) Amendment Bill 2008 Part 3 Amendment of Regulatory Offences Act 1985 [s 4] Amendment of Regulatory Offences Act 1985 Clause 4 Act amended in pt 3 This part amends the Regulatory Offences Act 1985. Clause 5 Amendment of s 7 (Unauthorised damage to property) 2) 'B) Section 7— insert— Subsection (3) applies if— (a) (b) the property in question is in a public place, or visible from a public place; and the destruction or damage is caused by— (i) spraying, writing, drawing, marking or otherwise applying paint or another marking substance; or (ii) scratching or etching. The court must, whether or not it imposes any other penalty for the offence, order the offender— (a) (b) to perform community service under the Penalties and Sentences Act 1992, part 5, division 2 including, for example, removing graffiti from property; or Editor's note— Penalties and Sentences Act 1992, part 5 (Intermediate orders), division 2 (Community service orders) to pay compensation to any person under the Penalties and Sentences Act 1992, part 3, division 4. Editor's note— Penalties and Sentences Act 1992, part 3 (Releases, restitution and compensation), division 4 (Orders for restitution and compensation) Page 5 oMmrnNnnann CAN DANN FWY KF CO NX So NWN Noe NN BW N n NNW Ono Clause Clause Clause Criminal Code and Other Acts (Graffiti Clean-up) Amendment Bill 2008 Part 4 Amendment of Summary Offences Act 2005 [s 6] '(4) Subsection (3) applies in relation to an offence whether the offence was committed before or after the commencement of this subsection.'. 6 Amendment of s 9 (Further power to fine) Section 9— insert— '(3) This section does not limit section 7(3).'. Part 4 Amendment of Summary Offences Act 2005 7 Act amended in pt 4 This part amends the Summary Offences Act 2005. 8 Amendment of s 17 (Graffiti instrument) (1) Section 17(2), 'may'— omit, insert— 'must'. (2) Section 17— insert— '(4) Subsection (2), as amended by the Criminal Code and Other Acts (Graffiti Clean-up) Amendment Act 2008, section 8(1), applies in relation to an offence whether the offence was committed before or after the commencement of this subsection.'. Page 6 WNrR NAW sf NY SCOmAAN DUN FW WN 22