GRAFFITI CONTROL (MISCELLANEOUS) AMENDMENT BILL

Final Stages

The Legislative Council agreed not to insist on its amendments Nos 8, 9 and 11 to which the House of Assembly had disagreed; and in lieu of its amendments Nos 1 and 4, to which the House of Assembly had disagreed, made the alternative amendments indicated by the following schedule. The Legislative Council insisted on its amendments Nos 2, 3, 5 to 7, 10 and 12.

Legislative Council's alternative amendment to its Amendment No. 1

No. 1. Clause 4, page 3, lines 1 and 2 [clause 4(2)]—Delete subclause (2) and substitute:

(2) Section 3—after the definition of minor insert:

prescribed graffiti implement means—

(a) a can of spray paint; or

(b) a pen, marker pen, or similar implement that—

(i) has a tip that is more than 6 mm wide; and

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

Legislative Council's alternative amendment to its Amendment No. 4

No 4. Clause 8, page 3, line 27 [clause 8, inserted section 5(1)]—Delete subclause (1) and substitute:

(1) A person must not sell a prescribed graffiti implement to a minor.

Maximum penalty: $5 000.

(1a) However, subsection (1) does not apply in relation to the sale of prescribed graffiti implements of a type excluded from the operation of subsection (1) by the regulations.