New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Summary Offences Amendment
(Display of Spray Paint Cans) Bill 2006
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Summary Offences Act 1988 No 25 2
4 Repeal of Act 2
Schedule 1 Amendment 3
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2006
New South Wales
Summary Offences Amendment
(Display of Spray Paint Cans) Bill 2006
Act No , 2006
An Act to amend the Summary Offences Act 1988 to regulate the display of spray
paint cans in shops.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Summary Offences Amendment (Display of Spray Paint Cans) Bill 2006
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Summary Offences Amendment (Display of Spray Paint
Cans) Act 2006.
2 Commencement
This Act commences on a day to be appointed by proclamation.
3 Amendment of Summary Offences Act 1988 No 25
The Summary Offences Act 1988 is amended as set out in Schedule 1.
4 Repeal of Act
(1) This Act is repealed on the day following the day on which this Act
commences.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
Summary Offences Amendment (Display of Spray Paint Cans) Bill 2006
Amendment Schedule 1
Schedule 1 Amendment
(Section 3)
Section 10D
Insert after section 10C:
10D 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 as soon as
possible after the period of 2 years following the date of
commencement of this section.
(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
Page 3
Summary Offences Amendment (Display of Spray Paint Cans) Bill 2006
Schedule 1 Amendment
(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.
spray paint can means a spray can that contains spray paint.
Page 4
[Index] [Search] [Download] [Related Items] [Help]