Summary Offences Amendment (Spray
Paint Cans) Bill 2002
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to amend the Summary Offences Act 1988:

(a) to make it an offence to sell a spray paint can to a person under the age of 18
years, and

(b) to authorise police officers to issue penalty notices in respect of that offence.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on a day or days to
be appointed by proclamation. Commencement cannot be earlier than 6 months
after the date of assent.

Clause 3 is a formal provision giving effect to the amendments to the Summary
Offences Act 1988 set out in Schedule 1.

Schedule 1 Amendments
Schedule 1 [1] creates the offence of selling a spray paint can to a person under the
age of 18 years. There is a defence for an offender who establishes that he or she
believed on reasonable grounds that the person was of or above the age of 18 years.

If an employee contravenes the provision, his or her employer is taken to have
contravened it also (with a defence for an employer who had no knowledge of the
contravention where due diligence would not have prevented the contravention).

Schedule 1 [2] and [3] amend an existing provision for the issue of penalty notices
to authorise the issue of penalty notices by police officers for the proposed new
offence. The penalty under a penalty notice will be fixed by the regulations.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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