LAW10010 Introduction to Australian law and statutory interpretation

Question 1: What provisions of the Graffiti Prevention Act 2007, if any, may jay have contravened? 

Using IRAC Method 

ISSUE – define issue clearly 

Jay is a high school teacher employed by the local government who is passionate about promoting the use of renewable energy sources and fighting against climate change. A climate justice club at the school is run by jay and lauren, who is another teacher. They had encouraged and assisted the children in taking part in several school strikes for climate initiatives, as well as actively writing letters to local businesses and council members, and among other things. Following a recent meeting in their climate justice group, the students received news of one of their role models being sentenced to eight months in prison for her recent climate protest on the Sydney Harbour Bridge. 

Given that they are not legally permitted to vote and have no other means of speaking out, the students expressed that they felt discouraged about the continuing their protest. Jay decided to demonstrate to the pupils that they could express their opinions. He to make his way towards Melbourne’s St Paul’s Cathedral after grabbing some chalk and two hairspray cans. It is significant to note that a mixture of chalk and hairspray can be diffuclt to remove from concrete and may even be permanent. However, he soon realised as he arrived that he had brought a spray paint can and a hairspray can. 

Jay was thinking of things to write on the wall when two policemen came up to him. When questioned about what he was doing, he stated that he was simply trying to make a statement to show his students that they can still have their voices heard and he felt he had a responsibility to motivate his students. Jay, however, was told by the police to move on, otherwise, he would be charged with violating the Grafitti Prevention Act 2007. 

The Graffiti Prevention Act of 2007 may have been invoked numerous times against Jay as a result of his desire to champion the usage of renewable energy sources and serve as an inspiration to his climate justice group at the local government high school where he teaches. 

RULE- Identify and state the relevant law 

Graffiti Prevention Act 2007 

PART 1- PRELIMINARY 

• Graffiti implement means an implement of substance that is capable of being used to mark graffiti; 
• Graffiti offence means ---- (a) an offence against this Act 
• Mark Graffiti means write, draw, mark, scratch or otherwise deface property by any means so that the defacement is not readily removeable by wiping with a dry cloth; 
• Prescribed Graffiti implement means --- (a) an aerosol paint container

PART 2- OFFENCES 

5 Marking graffiti 

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. 

Penalty: Level 7 imprisonment 

7 possessing a prescribed graffiti implement 

1. A person must not, without lawful excuse, posses a prescribed graffiti implement- (b) in an adjacent public place Penalty 25 penalty Units
2. It is a lawful excuse for the purposes of subsection (1) that the person is in possession of a prescribed graffiti implement in the course of engaging in, or carrying out any functions in relation to, his or her employment, occupation, business, trade or profession 8 Possessing a graffiti implement with intent to mark graffiti 

A person must not possess a graffiti implement with the intention of using it to contravene section 5 or 6 Penalty 25 pentalty units. Apply the law to the facts, arguing both sides where appropriate. Put forward a conclusion and justify it.

Question 2: What provisions of the Graffiti Prevention Act 2007, if any, may lauren have contravened? 

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