New South Wales Consolidated Acts

GRAFFITI CONTROL ACT 2008 - SECT 16

16 Penalty notices for offences relating to sale or display of spray paint cans

(1) An authorised officer may serve a penalty notice on a person if it appears to the officer that the person has committed an offence under section 7 (Sale of spray paint cans to persons under 18) or 8 (Unsecured display by retailers of spray paint cans).

(2) A penalty notice is a notice to the effect that, if the person served does not wish to have the matter determined by a court, the person can pay, within the time and to the person specified in the notice, the amount of the penalty prescribed by the regulations for the offence if dealt with under this section.

(3) A penalty notice may be served personally or by post.

(4) If the amount prescribed by the regulations for an alleged offence under section 7 or 8 is paid under this section, no person is liable to any further proceedings for the alleged offence.

(5) Any such amount prescribed by the regulations for an offence under section 7 or 8 is not to exceed the maximum amount of penalty that could be imposed for the offence by a court.

(6) Payment under this section is not to be regarded as an admission of liability for the purpose of, and does not in any way affect or prejudice, any civil claim, action or proceeding arising out of the same occurrence.

(7) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.

(8) In this section, "authorised officer" means:

(a) a police officer, or

(b) a person of a class prescribed by the regulations as a class of person who may issue penalty notices under this section.