Criminal Code Amendment (Graffiti) Act 2009 (WA)

Western Australia

Criminal Code Amendment (Graffiti) Act 2009

Western Australia

Criminal Code Amendment (Graffiti) Act 2009

CONTENTS

1.	Short title	2
2.	Commencement	2
3.	The Criminal Code amended	2
4.	Chapter XXIV inserted	2
Chapter XXIV — Miscellaneous offences

216. Selling graffiti implements to children 2

5. Section 445 amended 3

Western Australia

Criminal Code Amendment (Graffiti) Act 2009

No. 26 of 2009

An Act to amend The Criminal Code.

[Assented to 17 November 2009]

The Parliament of Western Australia enacts as follows:

Criminal Code Amendment (Graffiti) Act 2009

s. 1

1.             Short title

This is the Criminal Code Amendment (Graffiti) Act 2009.

2.             Commencement

This Act comes into operation as follows —

(a)	sections 1 and 2 — on the day on which this Act receives the Royal Assent;
(b)	the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.

3. The Criminal Code amended

This Act amends The Criminal Code.

4.             Chapter XXIV inserted

After section 215 insert:

Chapter XXIV — Miscellaneous offences

216.         Selling graffiti implements to children

(1) In this section —

graffiti implement means any of these —

(a)	a can of spray paint;
(b)	a pen, marker pen, or similar implement, that —

(i)      has a tip over 6 mm wide; and

(ii)      contains a fluid that is not water soluble and that is capable of marking a surface.

(2)

A person who sells a graffiti implement to a child

commits an offence and is liable —

(a)	for a first offence, to a fine of $6 000;
(b)	for a subsequent offence, to a fine of $12 000.

Criminal Code Amendment (Graffiti) Act 2009

s. 5

(3)

It is a defence to a charge of an offence under

subsection (2) to prove the accused, or a person acting

on behalf of the accused, believed on reasonable

grounds that the person to whom the implement was

sold had reached 18 years of age.

5.             Section 445 amended

In section 445 delete “12 months and a fine of $12 000.” and

insert:

2 years and a fine of $24 000.