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House of Assembly - Fifty-Second Parliament, First Session (52-1)
2010-07-22 Daily Xml
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GRAFFITI CONTROL (MISCELLANEOUS) AMENDMENT BILL

Introduction and First Reading

The Hon. R.B. SUCH (Fisher) (10:48): Obtained leave to introduce a bill to amend the Graffiti Control Act 2001; and to make a related amendment to the Criminal Law Consolidation Act 1935.

Second Reading

The Hon. R.B. SUCH (Fisher) (10:48): I move:

That this bill be now read a second time.

Members would know that this has been an issue I have been interested in and involved in for a long time—not doing the graffiti but trying to deal with it. Graffiti is still a significant issue in our community, costing millions of dollars in the metropolitan area. I have tried over the years several times to bring about some change in the way the law is administered; In fact, it stretches back almost 10 years where I have tried to introduce various bills.

The LGA supports the objects of the bill. The bill has been based on input from the Police Association in New South Wales, which provided considerable input, as have other groups and agencies. In essence, the bill seeks to prohibit the onselling or gifting of spray cans to minors (which, I believe, is a deficiency in the current law), it makes it compulsory for offenders to pay compensation and it requires offenders to participate in graffiti removal programs.

The government has got some programs, but I am basically beefing that up to require offenders to participate. Also, through this bill, I am seeking a register of offenders and purchasers of graffiti-type materials to provide ID and to allow for expiation fines for carrying graffiti implements without reasonable excuse in a prescribed area between 10pm and 6am, which would be areas such as schools and which gives another avenue for police to enforce this. It also allows for courts to disqualify offenders from holding or obtaining a driver's licence for a period of one to six months if the court deemed that appropriate. It gives greater power to the police to search suspects and their vehicles if they are in a prescribed area at a prescribed time, for example, in or around schools between 10pm and 6am, on railway tracks or transport corridors, areas like that.

I am particularly keen for this parliament to get serious about graffiti. Some people say it is not as bad as robbing a bank. That is a silly argument; you can apply that to a whole lot of behaviours. There is no justification for ignoring the vandalism that occurs through graffiti. I think generally our parliament and governments have been too lenient in terms of dealing with vandals, whether they be graffiti vandals or other vandals, and I think it is time we took tougher action against those who offend. Previously, governments have said that I am too tough, it is too difficult, or whatever. If the government wants to amend this, I welcome that. If it has an alternative proposal, I would like to see that, but we cannot keep turning a blind eye, because graffiti vandalism is just as costly as someone stealing something.

If it is harmless, then I suggest that those who do it, do it on their own property, if it is such a good thing. I do not have a problem with aerosol art if it is done in a legal place and it is done with permission, but I do have a problem with the ongoing vandalism which is costing my local council and therefore the ratepayers of the City of Onkaparinga over half a million dollars a year just in that one council area. What does that money achieve? All it does is return the buildings back to the status quo. It does not provide any new facilities or anything for young people or anyone else in the area. I think this is a reasonable bill. If anyone in here has a better proposal, or can amend it, or has any ideas about amending it, then I would urge them to do so. I commend this bill to the house.

Debate adjourned on motion of Mrs Geraghty.

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