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GRAFFITI CONTROL ACT 2008 - SECT 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's possession of the spray paint can does not constitute an
offence under this Act.
(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.
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