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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Summary Offences (Spray Cans) Act 2002
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 1
3. Principal Act 2
4. New sections 16A-16F inserted 2
Sale of Spray Cans to Minors 2
16A. Definitions 2
16B. Notice to be displayed 3
16C. Sale of spray cans to minors 4
16D. Offences by minors 4
16E. Powers of authorised persons 5
16F. Regulations 6
ENDNOTES 7
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PARLIAMENT OF VICTORIA
Initiated in Council 24 April 2002 by the Hon. N. B. Lucas
A BILL
for the purpose of limiting the sale of certain spray cans to minors, to
amend the Summary Offences Act 1966 and for other purposes.
Summary Offences (Spray Cans) Act
2002
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to limit the sale of spray
cans containing paint or certain other substances
to minors in order to reduce the incidence of
5 substance abuse.
2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
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Summary Offences (Spray Cans) Act 2002
s. 3
Act No.
3. Principal Act
See:
In this Act, the Summary Offences Act 1966 is Act No. 7405.
called the Principal Act. Reprint No. 7
as at 6 August
1998 and
amending
Act Nos.
41/1999,
74/2000,
80/2001 and
84/2001.
4. New sections 16A-16F inserted
5 After section 16 of the Principal Act, insert--
'Sale of Spray Cans to Minors
16A. Definitions
In this section and in sections 16B, 16C, 16D
and 16E--
10 "authorised person" means a member of
the police force;
"driver licence" means a licence issued
under the Road Safety Act 1986;
"evidence of age document" means--
15 (a) a proof of age card or a card
issued in another State or a
Territory that is the equivalent of a
proof of age card; or
(b) a driver licence or a licence issued
20 in another State or Territory that is
the equivalent of a driver licence;
or
(c) an Australian or foreign passport;
or
25 (d) a document issued by a person, or
on behalf of a government
department or agency, approved
by the Minister that bears a
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Summary Offences (Spray Cans) Act 2002
s. 4
Act No.
photograph of the person to whom
it is issued and enables that
person's age to be determined;
"proof of age card" means a document
5 issued by the Director of Liquor
Licensing under section 176 of the
Liquor Control Reform Act 1998;
"sell" includes offer for sale;
"spray can" means a spray can containing
10 paint or a substance prescribed by
regulations made under section 16F.
16B. Notice to be displayed
(1) A notice containing the following words
must be displayed in a prominent position in
15 premises from which spray cans are sold:
IT IS UNLAWFUL TO SELL CERTAIN
SPRAY CANS TO PERSONS UNDER 18.
PERSONS MAY BE REQUIRED TO
PRODUCE EVIDENCE OF AGE WHEN
20 PURCHASING CERTAIN SPRAY CANS.
(2) The words required to be displayed on a
notice under sub-section (1) must appear on
the notice in legible letters or numerals not
less than 15 mm in height and of a colour
25 that contrasts with the background colour of
the notice.
(3) A person selling spray cans from premises
must ensure that the requirements of this
section are complied with.
30 Penalty applying to this sub-section:
10 penalty units.
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Summary Offences (Spray Cans) Act 2002
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Act No.
16C. Sale of spray cans to minors
(1) A person must not sell a spray can to a
person under the age of 18 years.
Penalty: 15 penalty units
5 (2) It is a defence to a charge of an offence
against sub-section (1) to prove--
(a) that the defendant, or a person acting on
behalf of the defendant, required the
person to produce evidence of age
10 and--
(i) the person made a false statement,
or produced false evidence, in
response to that requirement; and
(ii) in consequence the defendant
15 reasonably assumed that, at the
time of the sale, the person was of
or over the age of 18 years; or
(b) that at the time of the alleged offence,
the defendant had seen an evidence of
20 age document of the person whose age
is material to the offence, indicating
that the person is of or over the age of
18 years.
16D. Offences by minors
25 (1) A person under the age of 18 years must not
purchase a spray can.
Penalty: 5 penalty units.
(2) A person must not falsely represent himself
or herself to be of or over the age of 18 years
30 for the purpose of avoiding being found to be
in contravention of sub-section (1).
Penalty: 5 penalty units.
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Summary Offences (Spray Cans) Act 2002
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Act No.
(3) It is a defence to a charge of an offence
against sub-section (1) or (2) to prove that, at
the time of the purchase, a notice complying
with section 16B was not displayed in a
5 prominent position in the premises from
which the spray can was purchased.
16E. Powers of authorised persons
(1) An authorised person may, as reasonably
required for the purposes of enforcing a
10 provision of section 16B, 16C or 16D, enter
and remain in any premises from which the
person reasonably believes spray cans are
being or have been sold.
(2) An authorised person who enters premises
15 under this section--
(a) may investigate whether the provisions
of sections 16B, 16C and 16D are being
or have been complied with;
(b) may take photographs or make films or
20 other recordings in the premises.
(3) An authorised person may only exercise
powers under this section in relation to
premises during the usual business hours of
the premises.
25 (4) A person must not--
(a) without reasonable excuse, hinder or
obstruct an authorised person in the
exercise of powers under this section;
or
30 (b) use abusive, threatening or insulting
language to an authorised person.
Penalty: 5 penalty units.
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Summary Offences (Spray Cans) Act 2002
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Act No.
(5) An authorised person in, or in connection
with, the exercise of powers under this
section--
(a) must not address offensive language to
5 any other person; and
(b) must not, without lawful authority,
hinder or obstruct or use or threaten to
use force in relation to any other
person.
10 Penalty applying to this sub-section:
5 penalty units.
16F. Regulations
The Governor in Council may make
regulations for or with respect to any matter
15 or thing required or permitted to be
prescribed or necessary to be prescribed to
give effect to sections 16A, 16B, 16C, 16D
and 16E.'.
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Summary Offences (Spray Cans) Act 2002
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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