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GRAFFITI CONTROL ACT 2008 - SECT 8A
Supply of spray paint cans to persons under 18
8A Supply of spray paint cans to persons under 18
(1) A person who supplies a spray paint can to a person under the age of 18
years is guilty of an offence. Maximum penalty: 10 penalty units.
(2) It is a
defence (proof of which lies on the person supplying the spray paint can) to a
prosecution for an offence under this section that: (a) the person believed on
reasonable grounds that the recipient intended to use the spray paint can for
a defined lawful purpose, being the lawful pursuit of an occupation, education
or training, or
(b) the supply occurred in a public place and the person
believed on reasonable grounds that the recipient intended to use the
spray paint can at or in the immediate vicinity of the place where the supply
occurred for another defined lawful purpose, or
(c) the supply occurred in a
private place and the person believed on reasonable grounds that the recipient
intended to use the spray paint can at or in the immediate vicinity of the
place where the supply occurred for an activity that does not constitute an
offence against this Act or any other law.
(3) In this section, a
"defined lawful purpose" is: (a) the lawful pursuit of an occupation,
education or training, or
(b) any artistic activity that does not constitute
an offence against this Act or any other law, or
(c) any construction,
renovation, restoration or maintenance activity that does not constitute an
offence against this Act or any other law, or
(d) any other purpose
authorised by the regulations.
(4) The regulations may provide that this
section does not apply to or in relation to any specified class or description
of spray paint can.
(5) In this section:
"private place" means any place that is not a public place.
"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.
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