Part 5 Miscellaneous
14 General defence
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
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
(3) A penalty notice may be served personally or by
(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
(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
(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
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,
(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
(2) If, at the hearing of a charge for an offence referred to in
(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
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
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.
20 Proceedings for offences
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.
23 Review of Act
(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
(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