Graffiti Control Regulations 2013 (SA)

South Australia

Graffiti Control Regulations 2013

under the Graffiti Control Act 2001

1Short title

These regulations may be cited as the Graffiti Control Regulations 2013.

2Commencement

These regulations will come into operation on the day on which the Graffiti Control (Miscellaneous) Amendment Act 2013 comes into operation.

3Interpretation

In these regulations—

Act means the Graffiti Control Act 2001.

4Graffiti implements (section 3)

For the purposes of the definition of graffiti implement in section 3 of the Act, an indelible marker or pen with a tip of 8 millimetres or greater is prescribed.

5Supply to minor of prescribed class of graffiti implement (section 5)

For the purposes of section 5(2) of the Act, a spray paint can is a graffiti implement of a prescribed class.

6Prescribed requirements for notice (section 6)

For the purposes of section 6(1) of the Act, a notice displayed in premises from which graffiti implements are sold must comply with the following requirements:

1. (a)

   the notice must display the following words:

IT IS UNLAWFUL TO SELL GRAFFITI IMPLEMENTS TO PERSONS UNDER THE AGE OF 18 YEARS. PERSONS MAY BE REQUIRED TO PRODUCE EVIDENCE OF AGE WHEN MAKING A PURCHASE;

1. (b)

   the words required to be displayed must appear on the notice in legible letters or numerals not less than 15 millimetres in height and be of a colour that contrasts with the background colour of the notice.

7Carrying prescribed class of graffiti implement (section 10)

For the purposes of section 10(1)(b) of the Act, the following classes of graffiti implement are prescribed:

1. (a)

   graffiti implements capable of spraying paint or a similar substance;

2. (b)

   graffiti implements designed or modified to produce a mark that—

   1. (i)

      is not readily removable by wiping or by use of water or detergent; and

   2. (ii)

      is more than 15 millimetres wide.

8Seizure, forfeiture and return of prescribed graffiti implement (section 10C)

1. (1)

   For the purposes of section 10C of the Act, a spray paint can is a graffiti implement of a prescribed class.

2. (2)

   The following procedures are prescribed in relation to the seizure of a graffiti implement from a person under section 10C:

   1. (a)

      if the police officer seizing the implement determines that the implement is of no apparent marketable value (whether because part of its contents have been used or for any other reason), the police officer may advise the person of that determination and the implement is, by force of this regulation, forfeited to the Crown (and may be dealt with in any manner a police officer thinks fit);

   2. (b)

      if the seized graffiti implement is not dealt with in accordance with paragraph (a), the following provisions apply:

      1. (i)

         the police officer seizing the implement must—

         1. (A)

            advise the person that—

            • •

              it will be held at a specified police station for the next 7 days (the holding period); and

            • •

              he or she may make a claim for its return at that police station during the holding period (at a time during which that police station is open to the public); and

         2. (B)

            issue the person with a receipt for the implement;

      2. (ii)

         if, on the expiration of the holding period, the implement has not been claimed in accordance with subregulation (3), the implement is, by force of this regulation, forfeited to the Crown (and may be dealt with in any manner a police officer thinks fit).

3. (3)

   A person may only make a claim for the return of a seized graffiti implement if the person satisfies a police officer that he or she had a lawful excuse for the possession of the seized graffiti implement.

Schedule 1—Revocation of Graffiti Control Regulations 2002

The Graffiti Control Regulations 2002 are revoked.

Legislative history

Notes

• •

  For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or regulations

  Year	No	Reference	Commencement
  2013	178	Gazette 4.7.2013 p2979	3.8.2013: r 2