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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Graffiti Control (Spray Paint Can
Display) Bill 2001
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Definitions 2
4 Offence: unsecured display by sellers of spray cans
containing spray paint 2
5 Penalty notices 3
6 Proceedings for offences 3
7 Regulations 4
b95-421-p01.801
New South Wales
Graffiti Control (Spray Paint Can
Display) Bill 2001
No , 2001
A Bill for
An Act to prevent the unsecured display for sale of spray paint cans.
Clause 1 Graffiti Control (Spray Paint Can Display) Bill 2001
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Graffiti Control (Spray Paint Can Display) Act 2001. 3
2 Commencement 4
This Act commences on the day occurring 3 months after the date of 5
assent unless commenced sooner by proclamation. 6
3 Definitions 7
In this Act: 8
authorised officer means a police officer or a person belonging to a 9
class of persons prescribed by the regulations. 10
publicly display means to place or leave in the view of members of the 11
public so as to be readily accessible to them. 12
sell includes offer for sale or expose for sale. 13
spray paint includes any liquid or other substance that is designed to 14
stain, mark or corrode and is designed to be applied from a spray can. 15
spray paint can includes anything that is made or adapted for use for 16
emitting spray paint and that operates by means of air, gas or vapour 17
pressure. 18
4 Offence: unsecured display by sellers of spray cans containing spray 19
paint 20
(1) A person must not, in the course of any business in which spray paint 21
is sold, publicly display any spray paint can containing spray paint 22
unless the can is properly secured in accordance with subsection (2). 23
Maximum penalty: 3 penalty units. 24
(2) A spray paint can is properly secured if it is displayed: 25
(a) in a locked cage or other locked display cabinet, or 26
(b) within or behind any counter that is attended by the owner of 27
the business or by any member of the staff of the business, or 28
(c) in any other manner prescribed by the regulations. 29
Page 2
Graffiti Control (Spray Paint Can Display) Bill 2001 Clause 4
(3) Nothing in this section: 1
(a) prevents any person from selling a spray can containing spray 2
paint to another person, or 3
(b) prevents the display for promotional purposes of an empty 4
spray can. 5
5 Penalty notices 6
(1) An authorised officer may serve a penalty notice on a person if it 7
appears to the officer that the person has committed an offence against 8
this Act. 9
(2) A penalty notice is a notice to the effect that, if the person served does 10
not wish to have the matter determined by a court, the person may pay, 11
within the time and to the person specified in the notice, the penalty 12
prescribed by the regulations for the offence if dealt with under this 13
section. 14
(3) A penalty notice may be served personally or by post. 15
(4) If the amount of the penalty prescribed for an alleged offence is paid 16
under this section, no person is liable to any further proceedings for the 17
alleged offence. 18
(5) Payment under this section is not an admission of liability for the 19
purposes of, and does not affect or prejudice, any civil claim, action or 20
proceeding arising out of the same occurrence. 21
(6) The amount of penalty prescribed under this section for an offence 22
may not exceed the maximum amount of penalty which could be 23
imposed for the offence by a court. 24
(7) This section does not limit the operation of any other provision of, or 25
provision made under, this or any other Act relating to proceedings 26
which may be taken in respect of offences. 27
6 Proceedings for offences 28
Proceedings for an offence under this Act are to be dealt with 29
summarily before a Local Court constituted by a Magistrate sitting 30
alone. 31
Page 3
Clause 7 Graffiti Control (Spray Paint Can Display) Bill 2001
7 Regulations 1
The Governor may make regulations, not inconsistent with this Act, 2
for or with respect to any matter that by this Act is required or 3
permitted to be prescribed or that is necessary or convenient to be 4
prescribed for carrying out or giving effect to this Act. 5
Page 4
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