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On 10 December 2012 the Graffiti Legislation Amendment Act 2012 (‘the Amending Act’) commenced. The Amending Act amended a number of Acts including the Graffiti Control Act 2008 (‘the Graffiti Act’), the Young Offenders Act 1997 (‘the YO Act’) and the Road Transport (Drivers Licensing) Act 1998 (‘RT (DL) Act’).

 

Warning, cautions and conferences no longer available to police for graffiti offences

 

The YO Act is amended with respect to a graffiti offence as follows:

· police can no longer issue a warning (s 13), give a caution (s 18), or refer a child to a conference administrator for a conference (s 37 & s 38)

· the DPP can no longer refer a child to a conference administrator for a conference (s 40(1)) and

· a court may still issue a caution (s 31(1)(a) ) or refer a child to a conference administrator for a conference (s 40(1A)).

 

Additional penalties – graffiti clean up and driver licence orders

 

The Amending Act provides additional penalties for offenders who commit an offence against section 4 or section 5 of the Graffiti Act. A court may:

· instead of imposing a fine, for an offence against section 4 or section 5 of the Graffiti Act, make a community service order directing the person to perform community service work (graffiti clean up conditions) (s13B ), and / or

· in addition to imposing a fine, sentence or any other order, make a driver licence order (s 13C(b)).

 

What is a driver licence order?

 

A driver licence order is:

· if the person is a holder of a learner or provisional licence – an order extending the person’s learner licence period or provisional licence period for 6 months or less, commencing from the date of expiry of the licence, or

· an order requiring the person not to incur 4 demerit points or more for a period of 6 months or less, commencing on the day the order is made (graffiti licence order period) (s 13C).

 

Graffiti cleanup orders

 

The Children (Community Service Orders) Act 1987 and the Crimes (Sentencing Procedure) Act 1999 are amended to provide that if a court imposes a community service order (‘CSO’) for a graffiti offence, it must, unless it is not practicable in the circumstances, contain graffiti cleanup conditions. These conditions may require the offender to undertake the following work:

· remove graffiti from buildings, vehicles, vessels and places,

· restore the appearance of buildings, vehicles, vessels and places consequent on removing graffiti from them.

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Cool piece, but I'm reading it as SOKE-II because the original SOKE killed it - hangouts galore back when doors could be popped (one of the most dangerous hits in the history of graffiti), lines in southern Sydney killed for kilometres, hits everywhere from Sydenham to anywhere south. SOKE 'n' PICK will last in my memory forever...

 

No diss to this SOKE though, but he should be SOKE-II in my mind.

 

Edit: some tags can be taken over without fuss but, with all due respect to this SOKE, I would argue for the original SOKE til the sun comes up, and I never met or knew anyone connected with him (for the purposes of being transparent).

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Cool piece, but I'm reading it as SOKE-II because the original SOKE killed it - hangouts galore back when doors could be popped (one of the most dangerous hits in the history of graffiti), lines in southern Sydney killed for kilometres, hits everywhere from Sydenham to anywhere south. SOKE 'n' PICK will last in my memory forever...

 

No diss to this SOKE though, but he should be SOKE-II in my mind.

 

Edit: some tags can be taken over without fuss but, with all due respect to this SOKE, I would argue for the original SOKE til the sun comes up, and I never met or knew anyone connected with him (for the purposes of being transparent).

 

Soke Pick Swis had heaps going on.

there is an old(ish) Pick Tag just near Sydenham station on the electrical boxes in the park next to the lines.

I assume it's the same one....maybe not

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