and Answers5
GPA purpose (GPA) - ANSWERS-reduce incidence of graffiti by a) creating graffiti-related
offences, b) providing search & seizure power for police officers, and c) providing power for a
Council to enter private property for the purpose of removing graffiti
graffiti implement (GPA) - ANSWERS-implement or substance that is capable of being used to
mark graffiti
mark graffiti (GPA) - ANSWERS-write, draw, mark, scratch or otherwise deface property by any
means so that the defacement is not readily removable by wiping with a dry cloth
marking graffiti (GPA) - ANSWERS-a person must not mark graffiti on property if the graffiti is
visible from a public place unless the person has first obtained the express consent of the
owner, or an agent of the owner, of the property to do so
marking offensive graffiti (GPA) - ANSWERS-a person must not mark graffiti that is visible from a
public place if the graffiti, or any part of the graffiti, would offend a reasonable person; unless
graffiti is a reasonable political comment
possessing a prescribed graffiti implement (GPA) - ANSWERS-a person must not, without lawful
excuse, possess a prescribed graffiti implement on property of a transport company, in an
adjacent public place, or in a place trespassing; unless required for employment
section 5 (GPA) - ANSWERS-marking graffiti
section 6 (GPA) - ANSWERS-marking offensive graffiti
, section 7 (GPA) - ANSWERS-possessing a prescribed graffiti implement
section 8 (GPA) - ANSWERS-possessing a graffiti implement with intent to mark graffiti
section 9 (GPA) - ANSWERS-advertising for sale a prescribed graffiti implement
section 10 (GPA) - ANSWERS-sale of aerosol container to person under 18 years of age
possessing a graffiti implement with intent to mark graffiti (GPA) - ANSWERS-a person must not
possess a graffiti implement with the intention of using it to contravene section 5 or 6
advertising for sale a prescribed graffiti implement (GPA) - ANSWERS-a person must not
advertise for sale a prescribed graffiti implement if that advertisement is likely to incite or
promote unlawful graffiti and the person intends the advertisement to do so; evidence from
publication or Internet site is admissible
section 13 (GPA) - ANSWERS-search without warrant
search without warrant (GPA) - ANSWERS-if a police officer has reasonable grounds for
suspecting that a) a person has in their possessoin a prescribed graffiti implement on property
referred to in section 7(1), b) relevant evidence is likely to be lost or destroyed if search is
delayed until warrant is obtained, AND c) the person is 14 years of age or more, the officer may,
without warrant, search the person and any vehicle, package or thing in their possession.
Reasonable grounds for suspecting - person is near location with high incidence of graffiti or
recently marked with graffiti. Officer must inform person of name, place of duty, provide
identification for inspection, request person to produce graffiti implement
section 14 (GPA) - ANSWERS-search of persons under 18 years of age