Section 8 Graffiti Control Act | Unsecured Display of Spray Paint Cans


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The Legislation

Section 8 of the Graffiti Control Act 2008 (NSW) is Unsecured Display of Spray Paint Cans and is extracted below.

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8 Unsecured display by retailers of spray paint cans

(1) The occupier of any shop from which spray paint cans are sold must not display any such can in any part of the shop to which members of the public are permitted access unless the can is properly secured in accordance with subsection (2). Maximum penalty: 10 penalty units.

(2) A spray paint can is properly secured if it is displayed:

(a) in a locked cabinet, or
(b) 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, or
(c) in any other manner prescribed by the regulations.

(3) The regulations may provide that this section does not apply to or in relation to any specified class or description of spray paint can.

(4) The Minister is to review the operation of this section (including the corresponding provision of the Summary Offences Act 1988 as in force before its repeal by this Act) as soon as possible after the period of 12 months following the date of commencement of this section. The corresponding provision of the Summary Offences Act 1988, before its repeal by this Act, was section 10D.

(5) In this section:“display” includes store or keep.“occupier”, in relation to a shop, means:

(a) a person who has the right to occupy the shop to the exclusion of the owner, or
(b) the person who is the owner of the shop if there is no person with a right to occupy the shop to the exclusion of the owner.
“sell” includes offer for sale or expose for sale.”shop” includes any retail premises.