New South Wales Consolidated Acts

GRAFFITI CONTROL ACT 2008 - SECT 9

9 Confiscation of spray paint cans from minors

(1) A police officer may seize a spray paint can in the possession of a person in a public place if the officer suspects on reasonable grounds that the person is under the age of 18 years, unless the person satisfies the officer that the person has the spray paint can in his or her possession for a purpose that is not unlawful.

(2) A spray paint can may be seized from a person under this section whether or not the person has been or is to be charged with any offence in connection with the person’s possession of the spray paint can.

(3) A spray paint can seized under this section is forfeited to the Crown.

(4) The regulations may make provision for or with respect to:

(a) the procedure to be followed as regards the seizure of spray paint cans under this section and the procedure to be followed after their seizure, and

(b) without limiting paragraph (a), prescribing the circumstances in which and the procedure by which spray paint cans seized under this section are to be returned and providing for the jurisdiction of a court to order their return.

(5) In this section:
"public place" means:

(a) a place (whether or not covered by water), or

(b) a part of premises,

that is open to the public, or is used by the public whether or not on payment of money or other consideration, whether or not the place or part is ordinarily so open or used and whether or not the public to whom it is open consists only of a limited class of persons, but does not include the premises of a school or other educational establishment.