An Act to amend the Local Government Act 1993 in relation to the powers of local councils with respect to the removal of graffiti.

1   Name of Act

This Act is the Local Government Amendment (Graffiti Removal) Act 2001.

2   Commencement

This Act commences on a day or days to be appointed by proclamation.

3   Amendment of Local Government Act 1993 No 30

The Local Government Act 1993 is amended as set out in Schedule 1.

Schedule 1 Amendments

(Section 3)

[1]   Section 12 What information is publicly available?

Insert at the end of section 12 (1):

  

•  the register of graffiti removal work kept in accordance with section 67A.

[2]   Section 67 Private works

Insert after section 67 (5):

  

(6)  This section does not apply to any graffiti removal work carried out by a council in accordance with section 67A.

[3]   Section 67A

Insert after section 67:

  

67A   Graffiti removal works

(1)  A council may, by agreement with the owner or occupier of any private land, carry out graffiti removal work on the land.

(2)  The council must keep a register of graffiti removal work carried out in accordance with any agreements made under this section. The register is to specify in respect of each incidence of graffiti removal work carried out:

(a)  the person for whom the work was carried out, and

(b)  the nature of the work, and

(c)  an estimate of the cost of carrying out the work at current market rates, and

(d)  the actual amount charged for carrying out the work.

[4]   Section 356 Can a council financially assist others?

Insert after section 356 (3):

  

(4)  Public notice is also not required if the financial assistance is part of a program of graffiti removal on private land.

Note. Section 67A of the Act deals with graffiti removal work on private land.

Historical notes

The following abbreviations are used in the Historical notes:

Table of amending instruments

Local Government Amendment (Graffiti Removal) Act 2001 No 19. Minister’s second reading speech made: Legislative Assembly, 4.4.2001; Legislative Council, 29.5.2001. Assented to 19.6.2001. Date of commencement, 1.7.2001, sec 2 and GG No 103 of 29.6.2001, p 4443.