Summary Offences (Tagging and Graffiti Vandalism) Amendment Act 2008

6 New section 14B inserted
  • (1) The following section is inserted after section 14A (as inserted by section 5):

    14B Access to spraycans in shops to be restricted
    • (1) This subsection applies to a spraycan if—

      • (a) it is kept for sale in a part of a shop to which members of the public have access; and

      • (b) it is not—

        • (i) under the physical control of the occupier of the shop, or an agent or employee of the occupier; or

        • (ii) under the physical control of a potential buyer who is being directly supervised by the occupier of the shop, or an agent or employee of the occupier; and

      • (c) the shop is open to the public.

      (2) The occupier of a shop must ensure that every spraycan in the shop to which subsection (1) applies is stored in such a way that members of the public cannot obtain possession of it without the help of the occupier, or an agent or employee of the occupier.

      (3) The occupier of a shop who fails or refuses to comply with subsection (2) is liable to a fine not exceeding $1,500.

    (2) Section 2(1) is amended by inserting the following definition after the definition of serious drug offence:

    shop means a building, place, or part of a building or place, where goods are sold by retail, or kept or offered for sale by retail; and—

    • (a) includes—

      • (i) an auction mart; and

      • (ii) a barrow, stall, or other subdivision of a market; but

    • (b) does not include a building, place, or part of a building or place, where the only business carried on is that of selling goods to people who are dealers, and buy the goods to sell them again.