Criminal Code Amendment (Graffiti) Bill 2009
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.
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You can access the full bill here: www.parliament.wa.gov.au
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Read the Bill's introductory speech by Mr C.C. Porter (Attorney General)
Download : Hansard, Legislative Assembly, Wednesday, 19 August 2009 (.pdf) - Page 3
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So What's Banned?
If this bill were passed as is currently worded, people selling the following products to people under 18 would commit a crimnal act:
- Crayons
- Fabric Markers
- Oil Pastels
- Graphic Markers
- Calligraphy Pens
- Spray Paint
- Permanent Markers
