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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Graffiti Control (Sale of Graffiti Implements) Amendment
Bill 2007
A BILL FOR
An Act to amend the Graffiti Control Act 2001.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Graffiti Control
Act 2001
4 Amendment of section
3—Interpretation
5 Amendment of heading to Part 2
6 Amendment of
section 4—Cans of spray paint and wide-tipped marker pens to be
secured
7 Insertion of section 4A
4A Cans of spray paint
must have serial number
8 Amendment of section 5—Sale of cans of
spray paint and wide-tipped marker pens to minors
9 Amendment of section
6—Notices to be displayed
10 Insertion of section
6A
6A Registers required to be kept
11 Amendment of
section 7—Appointment and powers of authorised persons
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Graffiti Control (Sale of Graffiti
Implements) Amendment Act 2007.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Graffiti Control
Act 2001
4—Amendment of
section 3—Interpretation
Section 3—after the definition of sell
insert:
wide-tipped marker pen means a marker pen that is designed to
produce a mark that—
(a) is not readily removable by wiping or by use of water or detergent;
and
(b) is more than 5 millimetres wide,
but does not include a pen designed to be used as a highlighter.
5—Amendment of
heading to Part 2
Heading to Part 2—after "spray paint" insert:
and wide-tipped marker pens
6—Amendment of
section 4—Cans of spray paint and wide-tipped marker pens to be
secured
(1) Section 4(1)—after "paint" insert:
or wide-tipped marker pens
(2) Section 4(1)—after "cans" second and third occurring
insert:
or pens
(3) Section 4(2)—after "paint" insert:
or wide-tipped marker pens
After section 4 insert:
4A—Cans of spray paint must have serial
number
A person must not sell a can of spray paint unless the can is marked
with—
(a) a serial number; and
(b) any other particulars prescribed by regulation.
Maximum penalty: $1 250.
Expiation fee: $160.
8—Amendment of
section 5—Sale of cans of spray paint and wide-tipped marker pens to
minors
Section 5(1)—after "paint" insert:
or a wide-tipped marker pen
9—Amendment of
section 6—Notices to be displayed
(1) Section 6(1)—delete subsection (1) and substitute:
(1) A notice containing the following words must be displayed in a
prominent position in premises from which cans of spray paint are
sold:
IT IS UNLAWFUL TO SELL A CAN OF SPRAY PAINT TO A PERSON UNDER 18.
PURCHASERS OF CANS OF SPRAY PAINT MAY BE REQUIRED TO PRODUCE EVIDENCE OF AGE AND
WILL BE REQUIRED TO PRODUCE EVIDENCE OF IDENTITY. DETAILS OF PURCHASERS WILL BE
RECORDED.
(1a) A notice containing the following words must be displayed in a
prominent position in premises from which wide-tipped marker pens are
sold:
IT IS UNLAWFUL TO SELL A WIDE-TIPPED MARKER PEN TO A PERSON UNDER 18.
PURCHASERS OF WIDE-TIPPED MARKER PENS MAY BE REQUIRED TO PRODUCE EVIDENCE OF AGE
AND WILL BE REQUIRED TO PRODUCE EVIDENCE OF IDENTITY. DETAILS OF PURCHASERS WILL
BE RECORDED.
(2) Section 6(2)—after "subsection (1)" insert:
or (1a)
(3) Section 6(3)—after "paint" insert:
or wide-tipped marker pens
After section 6 insert:
6A—Registers required to be
kept
(1) A person must not sell or distribute for sale a can of spray paint or
a wide-tipped marker pen unless—
(a) the person to whom it is sold or distributed produces evidence of
identity; and
(b) the identity of the person to whom it is sold or distributed and any
other prescribed particulars relating to that person or to the sale or
distribution are recorded in a register maintained by the seller or distributor
in accordance with the regulations.
Maximum penalty: $1 250.
Expiation fee: $160.
(2) A person who maintains a register under this section
must—
(a) at the request of an authorised person, produce the register to the
authorised person for inspection; and
(b) keep the information contained in the register for a period of
2 years from the date on which the information is entered, or for such
longer period as requested in writing by an authorised person.
Maximum penalty: $1 250.
Expiation fee: $160.
(3) A person who maintains a register under this section must, within
21 days after the end of each period prescribed by regulation (the
return period), furnish the Minister and the Commissioner of
Police with a statement setting out the particulars recorded in the register
during the return period.
Maximum penalty: $1 250.
Expiation fee: $160.
(4) A person who has, or has had, access to a register maintained under
this section must not divulge personal information recorded in the register
except—
(a) as authorised by or under this Act; or
(b) with the consent of the person from whom the information was obtained
or to whom the information relates; or
(c) in connection with the administration or enforcement of this Act;
or
(d) for the purpose of any legal proceedings arising out of the
administration or enforcement of this Act.
Maximum penalty: $5 000.
(5) Subsection (3) does not prevent a person from divulging
statistical or other data that could not reasonably be expected to lead to the
identification of any person to whom it relates.
11—Amendment of
section 7—Appointment and powers of authorised
persons
(1) Section 7(2)—after "paint" insert:
or wide-tipped marker pens
(2) Section 7(3)—delete subsection (3) and substitute:
(3) An authorised person who enters premises under this section may
investigate whether the provisions of this Part that the person is authorised to
enforce are being or have been complied with and for that purpose
may—
(a) seize and retain anything found on the premises that the authorised
person reasonably believes may afford evidence relevant to the matters under
investigation; or
(b) require any person who has possession of documents or records relevant
to the matters under investigation to produce those documents or records for
inspection, including written records that reproduce in a readily understandable
form information kept by computer, microfilm or other process; or
(c) inspect any documents or records produced to the authorised person and
retain them for such reasonable period as the authorised person thinks fit, and
make copies of the documents or records; or
(d) require any person who is in a position to provide information
relevant to the matters under investigation to answer any question put by the
authorised person in relation to those matters; or
(e) take photographs, films or video or audio recordings.
(3) Section 7(6)—delete subsection (6) and substitute:
(6) A person who—
(a) hinders or obstructs an authorised person in the exercise of powers
under this section; or
(b) uses abusive, threatening or insulting language to an authorised
person; or
(c) refuses or fails to comply with a requirement of an authorised person
under this Act; or
(d) when required by an authorised person to answer a question, refuses or
fails to answer the question to the best of the person's knowledge, information
and belief; or
(e) falsely represents, by words or conduct, that he or she is an
authorised person,
is guilty of an offence.
Maximum penalty: $5 000.