(1)  A person must not, without lawful excuse, mark graffiti.

Penalty:  Fine not exceeding 20 penalty units.

(2)  .  .  .  .  .  .  .  .  

(3)  A person must not, without lawful excuse, distribute, supply or sell graffiti equipment to a youth.

Penalty:  Fine not exceeding 20 penalty units.

(4)  A person must not, without lawful excuse, have possession of, or carry or use, graffiti equipment in a public place.

Penalty:  Fine not exceeding 20 penalty units.

(5)  Subsection (4) does not apply to –

(a) a police officer acting in the performance of his or her duties; or

(b) a person, or group of persons, excluded in writing by the Commissioner from the application of that subsection.

(6)  A police officer may stop, detain and search, without a warrant, any person in a public place who the police officer reasonably believes has possession of, or is carrying, any graffiti equipment without lawful excuse and may stop, detain and search, without a warrant, the person's vehicle.

(7)  A police officer may seize and retain any graffiti equipment found.

(8)  For the purposes of this section, a lawful excuse includes the following:

(a) the pursuit of a lawful occupation, duty or activity using that graffiti equipment;

(b) the participation in a lawful sport, recreation or entertainment using that graffiti equipment.

(9)  If a person is convicted or found guilty of an offence under this section, the graffiti equipment to which the offence relates is forfeited and is to be disposed of as the court orders.

(10)  For the purposes of this section, a person who is in a motor vehicle in a public place is taken to be in the public place.