It is a sufficient defence to a prosecution for an offence under this Act if the defendant satisfies the court that the act complained of in the information for the offence was done with lawful authority.
16 Penalty notices for offences relating to sale or display of spray paint cans
(1) An authorised officer may serve a penalty notice on a person if it appears to the officer that the person has committed an offence under section 7 (Sale of spray paint cans to persons under 18) or 8 (Unsecured display by retailers of spray paint cans).(2) A penalty notice is a notice to the effect that, if the person served does not wish to have the matter determined by a court, the person can pay, within the time and to the person specified in the notice, the amount of the penalty prescribed by the regulations for the offence if dealt with under this section.(3) A penalty notice may be served personally or by post.(4) If the amount prescribed by the regulations for an alleged offence under section 7 or 8 is paid under this section, no person is liable to any further proceedings for the alleged offence.(5) Any such amount prescribed by the regulations for an offence under section 7 or 8 is not to exceed the maximum amount of penalty that could be imposed for the offence by a court.(6) Payment under this section is not to be regarded as an admission of liability for the purpose of, and does not in any way affect or prejudice, any civil claim, action or proceeding arising out of the same occurrence.(7) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.(8) In this section, authorised officer means:(a) a police officer, or(b) a person of a class prescribed by the regulations as a class of person who may issue penalty notices under this section.
17 Particulars to be furnished
(1) If a defendant charged with an offence under this Act:(a) has requested the informant to furnish to the defendant reasonable particulars of the behaviour or conduct the subject of the charge, and(b) the informant, or some person on his or her behalf, has not so furnished those particulars,the court before which the defendant is charged is to adjourn the charge pending the furnishing of those particulars or may dismiss the charge.(2) If, at the hearing of a charge for an offence referred to in subsection (1):(a) the evidence discloses behaviour or conduct that constitutes such an offence, and(b) that behaviour or conduct is different from the behaviour or conduct of which particulars have been given to the defendant under subsection (1),the court may, on the application of the defendant and if it is of the opinion that the defendant was deceived by those particulars, adjourn the hearing on such terms as it thinks fit.
18 Payment towards cost of repairing damage
A person convicted of an offence under this Act is liable to pay such amount not exceeding an amount equal to 20 penalty units as the court may order as the cost of, or contribution to, the repair or restoration of any damage caused by the action which resulted in the conviction.
The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
Proceedings for an offence under this Act may be dealt with summarily before the Local Court.
21 Savings, transitional and other provisions
Schedule 1 has effect.
(1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.(2) The review is to be undertaken as soon as possible after the period of 3 years from the date of assent to this Act.(3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 3 years.