New WA anti-graffiti laws
By Sean Martin-Iverson
PERTH — The state Liberal government has moved to make WA's already draconian anti-graffiti laws even harsher.
The existing legislation, which allows for penalties of 200 hours of community service and large fines, is the harshest in the country. Fines of several hundred dollars are common, with the highest on record being a massive $11,000.
The new laws trample over the presumption of innocence, making it illegal to carry cans of spray paint or other possible "graffiti implements", unless convince police can be convinced there is a "lawful" reason for possession.
Mike Daube, who heads the government's anti-graffiti program committee, said, "The police are moving to a tougher line, with fewer cautions and more referrals to juvenile justice teams". He described graffiti artists as "mindless vandals".
"This legislation is an invitation for increased police harassment of youth", Sarah Stephen, an activist with the socialist group Resistance, told Green Left Weekly. "Graffiti is one of the only forms of artistic and political expression open to young people, who are marginalised in the mainstream media."
Roberto Jorquera, from Action Against Racism, believes the new laws have a hidden, racist content: "When police are given huge discretionary powers, combined with their history of targeting Aboriginal people, it's pretty obvious that Aboriginal youth are going to be hardest hit by this legislation. We're going to see more young Aboriginal people entering the judicial system for nothing more than painting on walls."
Rather than condemning the government's proposals, the Labor opposition is putting forward its own "law and order" scheme, involving a curfew on carrying spray cans.