Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to amend the Summary Offences Act 1988 to authorise a
police officer to confiscate a spray paint can from a person in a public place who is
under 18 years of age, unless the officer is satisfied that the person has possession of
the spray paint can for a purpose that is not unlawful.

The Bill also amends the regulations under that Act to provide for police procedures
in connection with the seizure of spray paint cans and procedures for the making of
application for the return of seized spray paint cans.

Confiscated spray paint cans are forfeited to the Crown (subject to any provision of
the regulations for their return).

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on the date of assent
to the proposed Act.

Clause 3 is a formal provision that gives effect to the amendments to the Summary
Offences Act 1988 set out in Schedule 1.

Clause 4 is a formal provision that gives effect to the amendments to the Summary
Offences Regulation 2005 set out in Schedule 2.

Clause 5 provides for the repeal of the proposed Act after all the amendments made
by the proposed Act have commenced. Once the amendments have commenced the
proposed Act will be spent and section 30 of the Interpretation Act 1987 provides
that the repeal of an amending Act does not affect the amendments made by that Act.

Schedule 1 Amendment of Summary Offences Act
1988
Schedule 1 [4] makes the amendments to the Summary Offences Act 1988 referred
to in the Overview. Schedule 1 [1]–[3] make consequential amendments.

Schedule 2 Amendment of Summary Offences
Regulation 2005
Schedule 2 makes the amendments to the Summary Offences Regulation 2005
referred to in the Overview.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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