GRAFFITI PREVENTION ACT 2007 - SECT 7 Possessing a prescribed graffiti implement

GRAFFITI PREVENTION ACT 2007 - SECT 7

    (1)     A person must not, without lawful excuse, possess a prescribed graffiti implement—

        (a)     on property of a transport company; or

        (b)     in an adjacent public place; or

        (c)     in a place where the person is trespassing or has entered without invitation.

Penalty:     25 penalty units.

    (2)     It is a lawful excuse for the purposes of subsection (1) that the person is in possession of a prescribed graffiti implement in the course of engaging in, or carrying out any functions in relation to, his or her employment, occupation, business, trade or profession.

S. 7(3) amended by Nos 43/2011 s. 23(1), 37/2014 s. 10(Sch. item 75.3(a)).

    (3)     If a police officer or a protective services officer may exercise powers under Division 2 of Part IV of the Drugs, Poisons and Controlled Substances Act 1981 in respect of a person under 18 years of age—

S. 7(3)(a) amended by Nos 43/2011 s. 23(2), 37/2014 s. 10(Sch. item 75.3(b)).

        (a)     the police officer or protective services officer must deal with the person in the manner set out in that Division; and

        (b)     the person does not commit an offence against subsection (1).