Queensland Consolidated Acts

SUMMARY OFFENCES ACT 2005 - SECT 28

28 Graffiti removal power

(1) A graffiti removal officer may remove public graffiti from any place.

(2) In removing public graffiti from property owned by someone other than the State or a local government, a graffiti removal officer must take reasonable steps to leave the property in the condition it would be in if the graffiti had not been placed on the property.

(3) If it is not practicable to leave the property in the condition mentioned in subsection (2) , it is sufficient for the subsection for the graffiti removal officer to leave the property in a state that is reasonably acceptable in all the circumstances.

Example for subsection (3)—

Graffiti is placed on part of a wall. Reinstating the wall requires the whole wall to be freshly painted. However, painting over the graffiti only may leave the wall in a state that is reasonably acceptable in all the circumstances.

(4) This section applies subject to the limitations imposed under this division on the powers of a graffiti removal officer to enter the place.