Other summary Offences- GP Act Flashcards
under GP Act what is the meaning of
- Adjacent to public place
- Graffiti implement
- Mark graffiti
- Prescribed graffiti implement
Adjacent to public place: SPECIFIC public places that are near to & VISIBLE from public transport facilities
Graffiti implement: implement or substance that is capable of being used to mark graffiti
Mark graffiti: write draw mark or scratch or otherwise deface property. The defacement is not readily removed by wiping with a dry cloth
Prescribed graffiti implement: aerosol paint container
what does the Gaffiti Prevention Act provide
provides offences for marking graffiti that can be seen from a public place
& extra sanctions if the graffiti is offensive.
it is also an offence to posses aerosol paint container without lawful excuse
on or near public transport property or
on property where person is trespassing
what is the defence for “Marking Graffiti”
person has first obtained the expressed consent of the owner of the property to do so
what does s7(1) GP Act state regarding possessing an aerosol paint container
person must not possess aerosol paint container on
- property of transport company or
- in an adjacent public place or
- where the person is trespassing without invitation
what is s12 GP Act
search warrant for any premises including vehicle for evidence of an offence against the Act
if a search without warrant is performed what form is required to be submitted
Form L19C
what does s13 GP Act state can you do if there is not enough time to obtain a search warrant before evidence would be lost or destroyed.
what are the points of proof
on the spot power of search for persons 14 years or older.
- person has in possession prescribed graffiti implement
- relevant evidence is likely to be lost or destroyed if search is delayed
under s13(3) GP Act what does the MOPF must do
- inform the person your name rank & place of duty
- if requested by person provide in writing
- unless in uniform, produce your ID for inspection
- request the person to produce graffiti implement
under s14(1) GP Act can you search a person who appears to be under 14
No
what is the time line for an application of forfeiture of exhibits to be made
3 months
