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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Criminal Code Amendment (Sale of Spray
Paint Cans) Bill 2007
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Amendments to The
Criminal Code
3. The Act amended 3
4. Section 1 amended 3
5. Sections 447 and 448 inserted 3
447. Sale of spray paint cans to a child 3
448. Unsecured display by retailers of spray
paint cans 4
248--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
(Introduced by Mr Sprigg, MLA)
Criminal Code Amendment (Sale of Spray
Paint Cans) Bill 2007
A Bill for
An Act to amend The Criminal Code 1913.
The Parliament of Western Australia enacts as follows:
page 1
Criminal Code Amendment (Sale of Spray Paint Cans) Bill 2007
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Criminal Code Amendment (Sale
of Spray Paint Cans) Act 2007.
5 2. Commencement
This Act comes into operation on the day on which it receives
the Royal Assent.
page 2
Criminal Code Amendment (Sale of Spray Paint Cans) Bill 2007
s. 3
Part 2 -- Amendments to The Criminal Code
3. The Act amended
The amendments in this Part are to The Criminal Code*.
5 [* Reprint 12 as at 1 June 2005 (see the Schedule to the
Criminal Code Act 1913 appearing as Appendix B to the
Criminal Code Compilation Act 1913)].
4. Section 1 amended
Section 1 is amended by inserting after the definition of
10 "ship" --
"
The term "spray paint can" means a spray can that contains
spray paint;
".
15 5. Sections 447 and 448 inserted
After section 446 the following sections are inserted --
"
447. Sale of spray paint cans to a child
(1) A person who sells a spray paint can to a child is guilty
20 of an offence and is liable to a fine of $1,100.
(2) It is a defence (proof of which lies on the person selling
the spray paint can) to a prosecution for an offence
under this section that the person selling the spray paint
can believed on reasonable grounds that the person to
25 whom the spray paint can was sold was not a child.
(3) If an employee contravenes subsection (1), the
employer is taken to have contravened that subsection,
whether or not the employee contravened the provision
without the employer's authority or contrary to the
30 employer's orders or instructions.
page 3
Criminal Code Amendment (Sale of Spray Paint Cans) Bill 2007
s. 5
(4) It is a defence to a prosecution against an employer for
such a contravention if it is proved --
(a) that the employer had no knowledge of the
contravention; and
5 (b) that the employer could not, by the exercise of
due diligence, have prevented the
contravention.
(5) An employer may be proceeded against and convicted
under subsection (1) by virtue of subsection (3)
10 whether or not the employee has been proceeded
against or convicted under subsection (1).
448. Unsecured display by retailers of spray paint cans
(1) An occupier of any shop from which spray paint cans
are sold who --
15 (a) displays any such can in any part of the shop to
which members of the public are permitted
access; and
(b) fails to properly secure the can in accordance
with subsection (2),
20 is guilty of an offence and is liable to a fine of $1,100.
(2) A spray can is properly secured if it is displayed --
(a) in a locked cabinet with restricted key access;
or
(b) on a shelf of a height of 2.1 metres or more; or
25 (c) within or behind a counter in such a manner
that members of the public are not able to gain
access to the can without the assistance of the
occupier or an employee or agent of the
occupier.
30 ".
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