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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Criminal Code Amendment (Graffiti) Bill 2009
CONTENTS
1. Short title 2
2. Commencement 2
3. The Criminal Code amended 2
4. Chapter XXIV inserted 2
Chapter XXIV -- Miscellaneous offences
216. Selling graffiti implements to children 2
5. Section 445 amended 3
068--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Criminal Code Amendment (Graffiti) Bill 2009
A Bill for
An Act to amend the The Criminal Code.
The Parliament of Western Australia enacts as follows:
page 1
Criminal Code Amendment (Graffiti) Bill 2009
s. 1
1 1. Short title
2 This is the Criminal Code Amendment (Graffiti) Act 2009.
3 2. Commencement
4 This Act comes into operation as follows --
5 (a) sections 1 and 2 -- on the day on which this Act
6 receives the Royal Assent;
7 (b) the rest of the Act -- on a day fixed by proclamation,
8 and different days may be fixed for different provisions.
9 3. The Criminal Code amended
10 This Act amends The Criminal Code.
11 4. Chapter XXIV inserted
12 After section 215 insert:
13
14 Chapter XXIV -- Miscellaneous offences
15 216. Selling graffiti implements to children
16 (1) In this section --
17 graffiti implement means any of these --
18 (a) a can of spray paint;
19 (b) a pen, marker pen, or similar implement,
20 that --
21 (i) has a tip over 6 mm wide; and
22 (ii) contains a fluid that is not water soluble
23 and that is capable of marking a surface.
24 (2) A person who sells a graffiti implement to a child
25 commits an offence and is liable --
26 (a) for a first offence, to a fine of $6 000;
27 (b) for a subsequent offence, to a fine of $12 000.
page 2
Criminal Code Amendment (Graffiti) Bill 2009
s. 5
1 (3) It is a defence to a charge of an offence under
2 subsection (2) to prove the accused, or a person acting
3 on behalf of the accused, believed on reasonable
4 grounds that the person to whom the implement was
5 sold had reached 18 years of age.
6
7 5. Section 445 amended
8 In section 445 delete "12 months and a fine of $12 000." and
9 insert:
10
11 2 years and a fine of $24 000.
12
13
page 3
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