Section 8A of the Graffiti Control Act 2008 (NSW) is Supply of Spray Paint to Under 18s and is extracted below.
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8A Supply of spray paint cans to persons under 18
(1) A person who supplies a spray paint can to a person under the age of 18 years is guilty of an offence. Maximum penalty: 10 penalty units.
(2) It is a defence (proof of which lies on the person supplying the spray paint can) to a prosecution for an offence under this section that:
(a) the person believed on reasonable grounds that the recipient intended to use the spray paint can for a defined lawful purpose, being the lawful pursuit of an occupation, education or training, or
(b) the supply occurred in a public place and the person believed on reasonable grounds that the recipient intended to use the spray paint can at or in the immediate vicinity of the place where the supply occurred for another defined lawful purpose, or
(c) the supply occurred in a private place and the person believed on reasonable grounds that the recipient intended to use the spray paint can at or in the immediate vicinity of the place where the supply occurred for an activity that does not constitute an offence against this Act or any other law.
(3) In this section, a “defined lawful purpose” is:
(a) the lawful pursuit of an occupation, education or training, or
(b) any artistic activity that does not constitute an offence against this Act or any other law, or
(c) any construction, renovation, restoration or maintenance activity that does not constitute an offence against this Act or any other law, or
(d) any other purpose authorised by the regulations.
(4) The regulations may provide that this section does not apply to or in relation to any specified class or description of spray paint can.
(5) In this section:“private place” means any place that is not a public place.“public place” means:
(a) a place (whether or not covered by water), or
(b) a part of premises,
that is open to the public, or is used by the public whether or not on payment of money or other consideration, whether or not the place or part is ordinarily so open or used and whether or not the public to whom it is open consists only of a limited class of persons, but does not include the premises of a school or other educational establishment.
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