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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Summary Offences Amendment (Spray
Paint Cans) Bill 2007
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Summary Offences Act 1988 No 25 2
4 Amendment of Summary Offences Regulation 2005 2
5 Repeal of Act 2
Schedule 1 Amendment of Summary Offences Act 1988 3
Schedule 2 Amendment of Summary Offences Regulation 2005 4
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, , 2007
New South Wales
Summary Offences Amendment (Spray
Paint Cans) Bill 2007
Act No , 2007
An Act to amend the Summary Offences Act 1988 and the Summary Offences
Regulation 2005 to provide for the confiscation of spray paint cans from minors in
public places.
I have examined this bill and find it to correspond in all respects with the bill as
finally passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Clause 1 Summary Offences Amendment (Spray Paint Cans) Bill 2007
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Summary Offences Amendment (Spray Paint Cans)
Act 2007.
2 Commencement
This Act commences on the date of assent to this Act.
3 Amendment of Summary Offences Act 1988 No 25
The Summary Offences Act 1988 is amended as set out in Schedule 1.
4 Amendment of Summary Offences Regulation 2005
The Summary Offences Regulation 2005 is amended as set out in
Schedule 2.
5 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(1) This Act is repealed on the day following the day on which this Act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 (Spray Paint Cans) Bill 2007
Amendment of Summary Offences Act 1988 Schedule 1
Schedule 1 Amendment of Summary Offences Act
1988
(Section 3)
[1] Section 3 Definitions
Insert in alphabetical order in section 3 (1):
spray paint can means a spray can that contains spray paint.
[2] Section 10C Sale of spray paint cans to persons under 18
Omit section 10C (7).
[3] Section 10D Unsecured display by retailers of spray paint cans
Omit the definition of spray paint can from section 10D (5).
[4] Section 10E
Insert after section 10D:
10E Confiscation of spray paint cans from minors
(1) A police officer may seize a spray paint can in the possession of
a person in a public place if the officer suspects on reasonable
grounds that the person is under the age of 18 years, unless the
person satisfies the officer that the person has the spray paint can
in his or her possession for a purpose that is not unlawful.
(2) A spray paint can may be seized from a person under this section
whether or not the person has been or is to be charged with any
offence in connection with the person's possession of the spray
paint can.
(3) A spray paint can seized under this section is forfeited to the
Crown.
(4) The regulations may make provision for or with respect to:
(a) the procedure to be followed as regards the seizure of spray
paint cans under this section and the procedure to be
followed after their seizure, and
(b) without limiting paragraph (a), prescribing the
circumstances in which and the procedure by which spray
paint cans seized under this section are to be returned and
providing for the jurisdiction of a court to order their
return.
Page 3
Summary Offences Amendment (Spray Paint Cans) Bill 2007
Schedule 2 Amendment of Summary Offences Regulation 2005
Schedule 2 Amendment of Summary Offences
Regulation 2005
(Section 4)
Part 2A
Insert after Part 2:
Part 2A Seized spray paint cans
10A Reasons for seizure
(1) When seizing a spray paint can under section 10E of the Act
(referred to in this Part as a seized spray paint can), a police
officer must give reasons for the seizure.
(2) For that purpose, the police officer must tell the person from
whom the spray paint can is seized that the police officer:
(a) suspects that the person is under the age of 18 years, and
(b) is not satisfied that the person has the spray paint can in his
or her possession for a purpose that is not unlawful.
10B Disposal of seized spray paint cans
A seized spray paint can may be disposed of immediately if:
(a) part of the contents of the can have been used, or
(b) it is otherwise of negligible value.
10C Information as to custody of seized spray paint can
(1) If a seized spray paint can is not to be disposed of immediately,
the police officer concerned must inform the person from whom
the spray paint can is seized:
(a) that the spray paint can will be taken to a specified police
station and kept there for at least 7 days, and
(b) that a claim for return of the spray paint can may be made
at that police station.
(2) A receipt specifying details of the seized spray paint can must be
issued to that person:
(a) at the time of seizure, by the police officer concerned, or
Page 4
Summary Offences Amendment (Spray Paint Cans) Bill 2007
Amendment of Summary Offences Regulation 2005 Schedule 2
(b) at the time the spray paint can is taken to a police station,
by any police officer there.
10D Seized spray paint can to be kept at police station
(1) A seized spray paint can that is not disposed of immediately must
be taken to the appropriate police station and kept there for at
least 7 days.
(2) The appropriate police station is the one to which the person from
whom the spray paint can was seized was informed it would be
taken.
(3) A seized spray paint can kept at a police station may be disposed
of if a claim for its return under clause 10E is not made within 7
days after the spray paint can was seized.
10E Claim for seized spray paint can
(1) A seized spray paint can kept at a police station may be claimed
by, and if claimed must be returned to, the person from whom it
was seized if:
(a) the person establishes that the person was at least 18 years
of age at the time of the seizure, or
(b) the person establishes that the person had the spray paint
can in his or her possession for a purpose that is not
unlawful (being a purpose of which the police officer who
seized the spray paint can was informed at the time of its
seizure).
(2) If a claim for a seized spray paint can is rejected, the spray paint
can must be kept for at least another 7 days (to allow for an
application to be made to a court under clause 10F) and may be
disposed of if an application under that clause is not made within
7 days after the claim is rejected.
(3) If an application under clause 10F is made before the seized spray
paint can is disposed of, the spray paint can must be kept until the
application is determined.
Page 5
Summary Offences Amendment (Spray Paint Cans) Bill 2007
Schedule 2 Amendment of Summary Offences Regulation 2005
10F Application to court for return of seized spray paint can
A court may, on application by a person from whom a seized
spray paint can was seized, make an order that the seized spray
paint can be returned to the person if the court is satisfied that the
person had the seized spray paint can in his or her possession at
the time of its seizure for a purpose that was not unlawful (being
a purpose of which the police officer who seized the spray paint
can was informed at the time of its seizure).
Page 6
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