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Graffiti Prevention Act 2007 - Key Definitions

The following definitions are from the Graffiti Prevention Act 2007:

Mark graffiti

means 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.

Graffiti implement

means an implement or substance that is capable of being used to mark graffiti.

Prescribed graffiti implement

(a)    an aerosol paint container, or

(b)   a graffiti implement, or an implement belonging to a class of graffiti implement, that is prescribed by the regulations.

Possession

(a)    actual physical possession

(b)   custody or control, or

(c)    having and exercising access, either solely or in common with others.

Transport company

(a)    a passenger transport company within the meaning of section 2(1) of the Transport Act 1983

(b)   a bus company within the meaning of section 2(1) of the Transport Act 1983

(c)    a rail freight operator within the meaning of section 2(1) of the Transport Act 1983, or

(d)   a rail corporation within the meaning of section 3(1) of the Rail Corporations Act 1996.

Property of a transport company

(a)    any land, premises or other property owned or occupied by the transport company

(b)   any equipment installed by or on behalf of the transport company on any land or premises of the company

(c)    any tram, train or bus that is owned by the transport company or operated by it, under contract to it or on its behalf, and

(d)   any shelter provided for the use of passengers of any transport company that are owned by the transport company or operated by it, under contract to it or on its behalf.

 Public place

The Act uses the same definition as the Summary Offences Act 1966, and which includes:

(a)     any public highway road street bridge footway footpath court alley passage or thoroughfare notwithstanding that it may be formed on private property

(b)     any park, garden, reserve, or other place of public recreation or resort

(c)     any railway station platform or carriage

(d)     any wharf pier or jetty, 

and

(j)       any market.

Adjacent public place

Under the Act, adjacent public place means a public place as referred to above, that is near to or visible from—

(a)     trains operated on property of a transport company

(b)     railway stations or bus depots on property of a transport company, or

(c)     property of a transport company on any part of which trains or buses are operated—

whether or not the public place adjoins that property.