Overview of Bill

The objects of this Bill are as follows:

(a) to amend the Children (Community Service Orders) Act 1987 and the Crimes
(Sentencing Procedure) Act 1999 to require a court making a community
service order under those Acts in relation to persons guilty of offences under
the Graffiti Control Act 2008 to impose a condition requiring the persons to
remove or obliterate graffiti and restore the appearance of buildings, vehicles,
vessels or places consequent on the removal or obliteration of graffiti (unless
it is not reasonably practicable for such work to be performed by the persons),

(b) to amend the Graffiti Control Act 2008 to enable a court to make certain orders
with respect to the driver licence of a person who has committed an offence
under section 4 (Damaging or defacing property by means of graffiti
implement) or 5 (Possession of graffiti implement) of that Act instead of or in
addition to imposing a fine, sentence of imprisonment or community service
order on the offender,

(c) to amend the Young Offenders Act 1997 to remove the power for investigating
officials and specialist youth officers to deal with young offenders who have committed graffiti offences by way of caution, warning or youth justice
conference instead of court proceedings,

(d) to make various other consequential amendments.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on a day or days to be
appointed by proclamation.

Schedule 1 Amendment of Acts and Regulation
Amendments to Children (Community Service Orders) Act 1987
The Children (Community Service Orders) Act 1987 (the 1987 Act) applies to a
person who has pleaded guilty to an offence in, or has been found guilty or convicted
of an offence by, a court and who was a child when the offence was committed and
was under the age of 21 years when charged with the offence. Section 5 of the 1987
Act enables a court to make a community service order requiring such a person to
perform community service work instead of imposing a sentence of imprisonment
on, or making an order under the Children (Criminal Proceedings) Act 1987 in
respect of, the person. Section 11 of the 1987 Act provides that the court may impose
conditions on any community service order made by it. Schedule 1.1 [4] amends
section 11 to require a court that makes such a community service order in respect of
a person who has committed an offence under the Graffiti Control Act 2008 to
impose a condition that the work to be performed by the person include the removal
of graffiti from buildings, vehicles, vessels and places and the restoration of the
appearance of buildings, vehicles, vessels and places consequent on the removal of
graffiti from them unless it is not reasonably practicable for such work to be
performed by the person. Schedule 1.1 [1]-[3] contain consequential provisions.

Schedule 1.1 [5] and [6] enable the making of savings and transitional regulations
and contain a savings provision.

Amendments to Crimes (Sentencing Procedure) Act 1999
Section 8 of the Crimes (Sentencing Procedure) Act 1999 enables a court to make a
community service order directing an offender other than one to whom the Children
(Community Service Orders) Act 1987 applies to perform community service work
instead of imposing a sentence of imprisonment on the offender. Section 90 of the
Crimes (Sentencing Procedure) Act 1999 provides that a court may impose such
conditions on any order made by it as it considers appropriate. Schedule 1.2 [2]
amends section 90 to require a court that makes such a community service order in
respect of a person who has committed an offence under the Graffiti Control Act
2008 to impose a condition that the work to be performed by the offender include the
removal or obliteration of graffiti from buildings, vehicles, vessels and places and the
restoration of the appearance of buildings, vehicles, vessels and places consequent on the removal or obliteration of graffiti from them unless it is not reasonably
practicable for such work to be performed by the offender. Schedule 1.2 [1] and
[3]-[5] contain consequential, savings and transitional provisions.

Amendments to Fines Act 1996
Schedule 1.3 amends the Fines Act 1996 as a consequence of the amendments to the
Children (Community Service Orders) Act 1987 described above (section 11 of that
Act extends to certain community service orders made under the Fines Act 1996).

Amendments to Graffiti Control Act 2008
Section 4 of the Graffiti Control Act 2008 makes it an offence to intentionally
damage or deface any premises or other property by means of a graffiti implement
(that is, spray paint, a marker pen or any implement designed or modified to produce
a mark that is not readily removable by wiping or by use of water or detergent).

Section 5 of that Act makes it an offence to possess a graffiti implement with the
intention that it be used to damage or deface premises or other property. Section 15
of that Act provides that a court may, instead of imposing a fine or sentencing a
person to imprisonment for such an offence, impose a community service order
recommending that the work to be performed by the offender include the removal or
obliteration of graffiti from buildings, vehicles, vessels and places and the restoration
of the appearance of buildings, vehicles, vessels and places consequent on the
removal or obliteration of graffiti from them. Schedule 1.4 [2] omits section 15 from
the Graffiti Control Act 2008, and Schedule 1.4 [1] inserts Part 4A into that Act to
provide the court with an additional power to make an order extending the period of
the offender's learner or provisional licence for a period of 6 months (or a lesser
period specified in the order), suspending the offender's driver licence for a period
of 6 months (or a lesser period specified in the order) or, as an alternative to
suspension of an unrestricted licence, requiring the driver not to equal or exceed a
specified threshold number of demerit points for an equivalent period (a driver
licence order). Schedule 1.4 [3] and [4] enable the making of savings and
transitional regulations and contain savings provisions.

Amendments to Road Transport (Driver Licensing) Act 1998
Schedule 1.5 [1] inserts section 16AB into the Act. The proposed section provides
for the suspension of the unrestricted licence of a person who is subject to a driver
licence order made under proposed section 13C (1) (c) of the Graffiti Control Act
2008 if the person equals or exceeds a specified threshold number of demerit points
during the period the order has effect. Schedule 1.5 [2] amends section 20 of the
Road Transport (Driver Licensing) Act 1998 to enable the making of regulations
with respect to driver licences the subject of the proposed driver licence orders.

Amendment to Road Transport (Driver Licensing) Regulation 2008
Schedule 1.6 amends clause 31C (7) of the Regulation to make it clear that the
subclause does not apply to extensions of provisional licence periods by a driver
licence order.

Amendments to Young Offenders Act 1997
The Young Offenders Act 1997 provides an alternative process to court proceedings
for children alleged to have committed offences through the use of formal cautions,
warnings and youth justice conferences. Schedule 1.7 [2], [3] and [5] amend
sections 13, 18 and 31, respectively, of that Act so that formal cautions (other than
cautions by courts) and warnings cannot be used in relation to offences against the
Graffiti Control Act 2008. Schedule 1.7 [4] and [6] make consequential
amendments. Schedule 1.7 [7] amends section 37 to ensure that a child who is
alleged to have committed a graffiti offence has no entitlement to be dealt with by
conference before criminal proceedings are commenced. Schedule 1.7 [8]-[10]
amend section 38 to make it clear that a specialist youth officer cannot refer a child
who is alleged to have committed a graffiti offence to a conference or for caution.

Schedule 1.7 [11] amends section 40 of that Act so that a court will continue to be
able to refer a matter involving a child who is alleged to have committed such an
offence to a conference administrator for a youth justice conference. Schedule
1.7 [1] is a consequential provision that inserts a definition of graffiti offence.

Schedule 1.7 [12] and [13] enable the making of savings and transitional regulations
and contain savings provisions.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

---

[Index] [Search] [Download] [Bill] [Help]