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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Summary Offences Amendment (Spray
Paint Cans) Bill 2002
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Summary Offences Act 1988 No 25 2
Schedule 1 Amendments 3
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2002
New South Wales
Summary Offences Amendment (Spray
Paint Cans) Bill 2002
Act No , 2002
An Act to amend the Summary Offences Act 1988 to provide for an offence of
selling spray paint cans to persons under 18 years of age.
I have examined this Bill, and find it to correspond in all respects with the Bill as
finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Summary Offences Amendment (Spray Paint Cans) Bill 2002
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Summary Offences Amendment (Spray Paint Cans)
Act 2002.
2 Commencement
(1) This Act commences on a day or days to be appointed by
proclamation.
(2) A day appointed under this section must not be earlier than 6 months
after the date of assent.
3 Amendment of Summary Offences Act 1988 No 25
The Summary Offences Act 1988 is amended as set out in Schedule 1.
Page 2
Summary Offences Amendment (Spray Paint Cans) Bill 2002
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 10C
Insert after section 10B:
10C Sale of spray paint cans to persons under 18
(1) A person who sells a spray paint can to a person under the age
of 18 years is guilty of an offence.
Maximum penalty: 10 penalty units.
(2) It is a defence (proof of which lies on the person selling the
spray paint can) to a prosecution for an offence under this
section that the person selling the spray paint can believed on
reasonable grounds that the person to whom the spray paint can
was sold was of or above the age of 18 years.
(3) If an employee contravenes subsection (1), the employer is
taken to have contravened that subsection, whether or not the
employee contravened the provision without the employer's
authority or contrary to the employer's orders or instructions.
(4) It is a defence to a prosecution against an employer for such a
contravention if it is proved:
(a) that the employer had no knowledge of the
contravention, and
(b) that the employer could not, by the exercise of due
diligence, have prevented the contravention.
(5) An employer may be proceeded against and convicted under
subsection (1) by virtue of subsection (3) whether or not the
employee has been proceeded against or convicted under
subsection (1).
(6) The regulations may provide that this section does not apply to
or in relation to any specified class or description of spray paint
can.
(7) In this section:
spray paint can means a spray can that contains spray paint.
Page 3
Summary Offences Amendment (Spray Paint Cans) Bill 2002
Schedule 1 Amendments
[2] Section 29A Penalty notices: sections 10C, 11C and 28F
Omit "section 11C or 28F" wherever occurring.
Insert instead "section 10C, 11C or 28F".
[3] Section 29A (6)
Insert "in respect of an alleged offence under section 11C" after "to a
person".
Page 4
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