Victorian Current Acts Victorian Current ActsS. 10(1) amended by No. 9554 s. 2(2)(Sch. 2 item 307).
(1) Any person who posts any placard bill sticker or other document on or writes or paints on or otherwise defaces any road bridge or footpath or any house building hoarding wall fence gate tree tree-guard post pillar hydrant fire-alarm petrol pump or other structure whatsoever without the consent of the occupier or owner of the premises concerned or of any person or body having authority to give such consent shall be guilty of an offence.
Penalty: 15 penalty units or imprisonment for three months.
S. 10(2) substituted by No. 8075 s. 2.
(2) Upon any proceedings for an offence against subsection (1)—
S. 10(2)(a) amended by No. 68/2009 s. 97(Sch. item 115.3).
(a) the burden of proving any consent aforesaid shall be upon the accused; and
(b) in the case of any placard, bill, sticker, poster, or other document containing an advertisement of a commercial nature any person who appears to the satisfaction of the court to have authorized the publication thereof or to be in any manner concerned in the promotion or management of any business or entertainment or any sport, game, exhibition, or other event of a commercial nature whatsoever referred to therein shall, unless he satisfies the court that he did not post such placard, bill, sticker, poster, or document or authorize the posting thereof and that otherwise he had no knowledge of such posting, be deemed to have posted such placard, bill, sticker, poster, or document (as the case may be).
S. 10(3) inserted by No. 8075 s. 2.
(3) Nothing in subsection (2) shall affect the liability under subsection (1) of any person who actually posts any such placard, bill, sticker, poster, or other document and the conviction of any other person in relation thereto shall not exonerate from any penalty under this section any person who actually so posts any such placard, bill, sticker, poster, or document.
S. 10(4) inserted by No. 8075 s. 2, amended by No. 10/2004 s. 15(Sch. 1 item 30).
(4) Any person who without the authority of the publisher of a placard, bill, sticker, poster, or other document containing an advertisement of a commercial nature or of some person concerned in the promotion or management of any business, entertainment, sport, game, exhibition, or other event referred to therein posts the placard, bill, sticker, poster, or document in contravention of the provisions of subsection (1) shall be liable upon conviction for an offence against that subsection to a penalty of not more than 5 penalty units or to imprisonment for a term of not more than six months.
S. 10(5) inserted by No. 8075 s. 2, amended by No. 68/2009 s. 97(Sch. item 115.3).
(5) Upon any proceedings for an offence against subsection (1) the burden of proving the authority referred to in subsection (4) shall be upon the accused.
S. 10(6) inserted by No. 8075 s. 2, amended by No. 68/2009 s. 97(Sch. item 115.3).
(6) The court before which any person is convicted for an offence against this section may, in addition to imposing any penalty, order the accused to pay to any person named in the order the cost of removing or obliterating any thing written posted or painted without such consent as aforesaid and making good any damage done thereby and every amount so ordered to be paid shall for the purpose of enforcing the payment thereof be regarded as part of the penalty and be recoverable accordingly.
Fire
No. 6337 s. 21.
S. 11 amended by Nos 7854 s. 2, 7877 s. 2(2), S.R. No. 137/1974 reg. 2(b)(c), Nos 9019 s. 2(1)(Sch. item 213), 9554 s. 2(2)(Sch. 2 item 308), substituted by No. 50/1989 s. 51.