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GRAFFITI CONTROL ACT 2008 - SECT 8
Unsecured display by retailers of spray paint cans
(1) The occupier of any shop from which spray paint cans are sold must not
display any such can in any part of the shop to which members of the public
are permitted access unless the can is properly secured in accordance with
subsection (2). Maximum penalty: 10 penalty units.
(2) A spray paint can is
properly secured if it is displayed: (a) in a locked cabinet, or
(b) within
or behind a counter in such a manner that members of the public are not able
to gain access to the can without the assistance of the occupier or an
employee or agent of the occupier, or
(c) in any other manner prescribed by
the regulations.
(3) The regulations may provide that this section does not
apply to or in relation to any specified class or description of
spray paint can.
(4) The Minister is to review the operation of this section
(including the corresponding provision of the Summary Offences Act 1988 as in
force before its repeal by this Act) as soon as possible after the period of
12 months following the date of commencement of this section. Note : The
corresponding provision of the Summary Offences Act 1988 , before its repeal
by this Act, was section 10D.
(5) In this section:
"display" includes store or keep.
"occupier" , in relation to a shop, means: (a) a person who has the right to
occupy the shop to the exclusion of the owner, or
(b) the person who is the
owner of the shop if there is no person with a right to occupy the shop to the
exclusion of the owner.
"sell" includes offer for sale or expose for sale.
"shop" includes any retail premises.
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