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:
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.
(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.
