2002
2002
2004-07-06
act
publicspecial
act.reprint
allinforce
2002-11-15
2004-07-05
act-2004-055
none
act-2002-118
17dc80cc-bf61-4f81-b33d-5c50029b02b3
be3a4293-8181-4903-94af-5af65c945aa6
Note—
The Act was repealed by the Statute Law (Miscellaneous Provisions) Act 2004
No 55, Sch 3 with effect from 6.7.2004.
An Act to amend the Summary Offences Act 1988 to provide for
an offence of selling spray paint cans to persons under 18 years of
age.
1Name of
Act
This Act is the Summary Offences
Amendment (Spray Paint Cans) Act
2002.
2Commencement
(1)
This Act commences on a day or days to be
appointed by proclamation.
(2)
A day appointed under this section must not be
earlier than 6 months after the date of assent.
3Amendment of Summary Offences Act 1988 No
25
The Summary Offences
Act 1988 is amended as set out in Schedule
1.
Schedule 1Amendments
(Section 3)
[1]Section
10C
Insert after section 10B:
10CSale of spray paint cans to
persons under 18
(1)
A person who sells 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 selling the spray paint can) to a prosecution for an offence under this
section that the person selling the spray paint can believed on reasonable
grounds that the person to whom the spray paint can was sold was of or above
the age of 18 years.
(3)
If an employee contravenes subsection (1), the
employer is taken to have contravened that subsection, whether or not the
employee contravened the provision without the employer’s authority or
contrary to the employer’s orders or instructions.
(4)
It is a defence to a prosecution against an
employer for such a contravention if it is proved:
(a)
that the employer had no knowledge of the
contravention, and
(b)
that the employer could not, by the exercise of
due diligence, have prevented the contravention.
(5)
An employer may be proceeded against and
convicted under subsection (1) by virtue of subsection (3) whether or not the
employee has been proceeded against or convicted under subsection
(1).
(6)
The regulations may provide that this section
does not apply to or in relation to any specified class or description of
spray paint can.
(7)
In this section:
spray
paint can means a spray can that contains spray
paint.
[2]Section 29A Penalty notices:
sections 10C, 11C and 28F
Omit “section 11C or 28F” wherever
occurring.
Insert instead “section 10C, 11C or
28F”.
[3]Section 29A
(6)
Insert “in respect of an alleged offence
under section 11C” after “to a
person”.
Historical
notes
Table of amending
instruments
Summary Offences
Amendment (Spray Paint Cans) Act 2002 No 118. Second
reading speech made: Legislative Assembly, 15.11.2002; Legislative Council,
3.12.2002. Assented to 12.12.2002. Date of commencement, 1.9.2003, sec 2 and
GG No 132 of 29.8.2003, p 8247.