New laws to ‘clean up’ Graffiti as existing laws cut offences

Police Minister Judy Spence today introduced a Bill to allow council officers to remove graffiti from public places to enhance the feeling of safety for all Queenslanders.

The Minister also reported to Parliament on the success of previous measures to tackle graffiti.

Ms Spence said: “These previous measures include a ban on the sale of spray-paint cans to people under the age of 18 and making shops have proof of age before selling spray paint.

“From July to December 2006 there were 9202 reported graffiti offences with a clear up rate of 35 percent.

“After the introduction of the paint sale ban, from July to December 2007 there were 5546 reported graffiti offences and a clear up rate of 44 percent.

“These figures show the Government’s tough stance on graffiti is working.

“We have restricted the sale of graffiti implements, our police prosecute those responsible for graffiti related offences, and now we are going one step further, and that is, removing the damage that has been caused by graffiti offenders.

“Today’s legislation, the Summary Offences (Graffiti Removal Powers) Amendment Bill, allows authorised government and council officers to remove graffiti that is in a public place or readily visible from a public place.

“Research indicates that graffiti in a particular area can cause residents to be more fearful of crime and encourage offenders to commit further crimes.

“Addressing the graffiti issue through these amendments will enhance the feeling of safety for members of our community.

“Graffiti offences nearly always involve considerable damage being done to the property of innocent people

“The delinquents who consider their ‘tag’ and scrawlings to be a work of art can expect to see a freshly painted space where their rubbish once appeared.

“As graffiti is often done on industrial sites and at deserted properties, making contact with owners can be extremely difficult.

“A number of local councils and Queensland Rail have raised concerns about their inability to contact occupiers of these premises to obtain consent for entry.

“In recognition of these problems, I have extended the application of graffiti removal powers to any graffiti readily accessible from a public place including graffiti at non-residential private premises.

“These provisions will allow graffiti removal officers to provide a free graffiti removal service to the community and remove a public eyesore.

“Graffiti removal officers will not have authorisation to enter the actual premises associated with a graffiti offence, unless seeking consent or leaving a notice with the owner.

“A graffiti removal officer will enter the private land to make contact with the owner of the premises or give a graffiti removal notice to the owner of the place.

“The notice will inform the owner of any proposed action, prior to removing the graffiti.

“The owner will then have the opportunity to respond and raise an objection to the graffiti removal.

“Should no objection be raised, it is deemed that the owner’s consent was given and a graffiti removal officer may then enter the private land to remove the graffiti.

“It must be stressed that these powers do not allow a graffiti removal officer to enter the yard of a dwelling or residence to remove graffiti without the owner’s express consent.

“If a person doesn’t want an eyesore in the form of graffiti removed, then it can remain where it is.

“Graffiti removal officers will be afforded protection through the introduction of an offence, making it illegal to obstruct, intimidate, hinder or prevent an authorised officer from removing visible graffiti.

“This Bill will ensure that the fight against graffiti crime is effective and the negative perception created by graffiti-related offences among the Queensland community is minimised,” Ms Spence said.

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