Other Criminal Offences – VIC

Welcome to the VIC Posting bills and defacing property article page. Everything you need to know about Posting bills and defacing property according to VIC law.

What the Law States according to VIC Law for Posting bills and defacing property

According to VIC Law for the charge of Posting bills and defacing property,

Summary Offences Act 1966 – SECT 10
Posting bills etc. and defacing property

10. Posting bills etc. and defacing property

(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.

(2) Upon any proceedings for an offence against subsection (1)-

(a) the burden of proving any consent aforesaid shall be upon the defendant; 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).

(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.

(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.

(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 defendant.

(6) The court before which any person is convicted for an offence against this section may, in addition to imposing any penalty, order the defendant 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.

The Maximum Penalty – Posting bills and defacing property

According to VIC Law for the charge of Posting bills and defacing property:

For an offence under s 10(1): 3 months imprisonment or 15 penalty units
For an offence under s 10(4): 5 penalty units or imprisonment for six months

What the Police must prove according to VIC Law for Posting bills and defacing property

For an offence under s 10(1):

1. The accused posted a placard, bill, sticker or other document, or wrote, painted or otherwise defaced any road, bridge, footpath, house, building, hoarding, wall, fence, gate, tree, tree-guard, post, pillar, hydrant, fire-alarm, petrol pump, or other structure.

For an offence under section 10(4):

1. The accused posted a placard, bill, sticker, poster, or document on a 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.

2. The accused did not have 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.

Possible Defences under VIC Law – Posting bills and defacing property

For an offence under subsection 10(1):
(1) Consent of the owner or occupier of the premises concerned
(2) Factual dispute

In VIC which court will hear the matter – Posting bills and defacing property

Magistrates’ Court

 

Date: 09/01/2009