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IMPORTANT INFORMATION CONCERNING THE PROHIBITION OF THE PUBLIC
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IMPORTANT INFORMATION CONCERNING THE PROHIBITION OF THE PUBLIC SALE OF
SPRAY PAINT TO MINORS (PERSONS AGED UNDER 18 YEARS) IN QUEENSLAND THAT
COMMENCES FROM MONDAY 3 SEPTEMBER 2007
TABLE OF CONTENTS
Pages Parts and information
1 Part 1: Background
1 Part 2: Commencement date for the new laws
2 Part 3: What employers are required to do before 3 September 2007
2 Part 4: Mandatory display of prohibition signs from 3 September 2007
3-5 Part 5: Relevant amendments to the Summary Offences Act 2005
5 Part 6: Internet link to the Department of Communities’ Website containing information
for retailers in relation to the sale of potentially harmful things
Part 1: Background:
1. On 16 February 2007, the Summary Offences and Other Acts Amendment Act 2007 (Act
No 1 of 2007) received assent. It contains amendments to the Summary Offences Act
2005 and to the Police Powers and Responsibilities Act 2000 to strengthen existing anti-
graffiti laws in Queensland by prohibiting the public sale of spray paint to minors who are
persons under 18 years of age. These amendments will commence on Monday, 3
September 2007.
2. Spray paint is defined to include any liquid or other substance in a spray can that, if
applied to a surface of a thing by using a spray can, is designed to colour, stain, mark or
corrode the surface of the thing. Spray can is defined to include a thing that is made or
adapted for use for emitting paint by the operation of air, gas or vapour pressure on the
contents of the thing.
3. The primary purpose of the new laws is to prohibit the public sale to minors of spray paint
in aerosol spray cans.
4. The amendments to the Summary Offences Act 2005 cover sellers of spray paint generally
and also sellers who are employers and their employees in specific circumstances.
5. Part 5 of this Information Sheet sets out the major amendments to the Summary Offences
Act 2005. All of the amendments are set out in full in the Summary Offences and Other
Acts Amendment Act 2007 that may be accessed on the Internet Website:
http://www.legislation.qld.gov.au/legisltn/acts/2007/07ac001.pdf
Part 2: Commencement date for the new laws
6. Monday, 3 September 2007.
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Part 3: What employers are required to do before 3 September 2007
7. Before 3 September 2007, sellers of spray paint who are employers must take prevention
measures in relation to each of their employees who will sell spray paint to the public from
that date to conform to the new section 23A(3)(a)-(c) of the Summary Offences Act 2005,
namely:
(a) instruct each employee--
(i) not to sell spray paint to minors in any circumstances, even if the sale is for, or
claimed to be for, an adult; and
(ii) to sight acceptable evidence of age for a person before selling spray paint to
the person, unless satisfied the person is an adult; and
(b) warn each employee that if the employee disregards the instructions mentioned in
paragraph (a) and sells spray paint to minors, the employee commits an offence
against the new section 23C of the Summary Offences Act 2005; and
(c) obtain written acknowledgement by each employee that the employee received the
instructions and warning mentioned in paragraphs (a) and (b).
8. Section 23B(5) of the Summary Offences Act 2005 defines acceptable evidence of age,
for a person, to mean a document that:
(a) is a *driver licence, **proof of age card or an Australian or foreign passport; and
(b) bears a photograph of the person; and
(c) indicates by reference to the person’s date of birth or otherwise that the person has
attained a particular age.
* “driver licence” applies to any licence or permit issued under the law of Queensland or under the
law of another Australian State or Territory or under the law of another country that authorises a
person to drive a motor vehicle on a public road.
** “proof of age card” applies to a document issued to a person by a department or entity under the
law of Queensland (e.g. a proof of age card mentioned in the Liquor Act 1992) and to a similar
document issued under the law of another Australian State or Territory or under the law of another
country.
Part 4: Mandatory display of prohibition signs from 3 September 2007
9. From Monday 3 September 2007, sellers of spray paint who employ persons to sell spray
paint to the public must conform to the new section 23D of the Summary Offences Act
2005, namely to display, as prescribed under a regulation, a prohibition sign at each point
of sale at their retail outlet. The prescribed specifications for the prohibition sign that will be
included in the Summary Offences Regulation 2006 are that it must be at least 210 millimetres by
148 millimetres in size and display only the following words that must be at least 8mm high in black
on a white background in the following order in a way that can be easily read - “The supply by sale
of spray paint to minors is prohibited. Penalties apply. Acceptable evidence of age may be
required.”
Note: A prohibition sign is now available for printing from the link
http://www.police.qld.gov.au/News+and+Alerts/campaigns/spraypaint/ on this Web site for
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display at each point of sale from Monday, 3 September 2007. The Queensland Police
Service logo may be displayed either in colour or in black and white on the prohibition sign.
Part 5: Relevant amendments to the Summary Offences Act 2005
10. The following amendments in relation to the prohibition of the public sale of spray paint to
minors have been extracted from section 5 “Insertion of new ss 23A-23E” of the Summary
Offences and Other Acts Amendment Act 2007 (Act No.1, 2007).
11. Schedule 2 “Dictionary” of the Summary Offences Act 2005 is amended to include the
following definitions:
• “employee”, of a seller, means a person who sells, or may sell, spray paint in the course of
the person’s employment.
• “sell” includes:
(a) sell by wholesale, retail or auction; and
(b) supply in trade or commerce or under an arrangement; and
(c) agree, attempt or offer to sell; and
(d) keep or expose for sale; and
(e) cause or permit to be sold.
Note: Section 23E “Provision about definition of sell for ss 23A–23D” that is inserted into
the Summary Offences Act 2005 states:
(1) This section applies for the application of the definition sell in the dictionary to
sections 23A to 23D.
(2) A seller does not keep or expose for sale or offer to sell spray paint to a minor
only because the seller keeps or exposes for sale or offers to sell spray paint
to the public generally.
• “seller”, of potentially harmful things or of spray paint, means a person who, in trade or
commerce, sells potentially harmful things or spray paint to the public, and includes an
employee of a seller.
• “spray paint” includes:
(a) any liquid or other substance in a spray can that, if applied to a surface of a thing by
using a spray can, is designed to colour, stain, mark or corrode the surface of the
thing; and
(b) the spray can.
• “spray can” includes a thing that is made or adapted for use for emitting paint by the
operation of air, gas or vapour pressure on the contents of the thing.
12. The Summary Offences Act 2005 is further amended to include the following provisions:
• section 23A “Seller must take prevention measures in relation to spray paint”
(1) This section applies in relation to selling spray paint.
(2) A seller who is an employer must take prevention measures in relation to each
employee of the seller.
Maximum penalty – 40 penalty units.
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(3) The seller takes prevention measures for subsection (2) in relation to an employee if
the seller-
(a) instructs the employee -
(i) not to sell spray paint to minors in any circumstances, even if the sale is
for, or claimed to be for, an adult; and
(ii) to sight acceptable evidence of age for a person before selling spray
paint to the person, unless satisfied the person is an adult; and
(b) warns the employee that if the employee disregards the instructions mentioned
in paragraph (a) and sells spray paint to minors, the employee commits an
offence against section 23C; and
(c) obtains written acknowledgement by the employee that the employee received
the instructions and warning mentioned in paragraphs (a) and (b).
(4) In this section -
acceptable evidence of age see section 23B.
• Section 23B “Sale of spray paint to minors”
(1) A seller of spray paint must not sell spray paint to a minor.
Maximum penalty—
(a) for a first offence—140 penalty units; or
(b) for a second offence—280 penalty units; or
(c) for a third or later offence—420 penalty units.
(2) An employee who sells spray paint to a minor in the course of the employment can
not be prosecuted under this section.
Note—
See section 23C for when an employee is liable for selling spray paint to a minor.
(3) It is a defence to a charge of an offence against subsection (1) for the seller to
prove—
(a) that the seller, or an employee of the seller, required a person to produce
acceptable evidence of age; and
(b) the person produced acceptable evidence of age showing the person was not
a minor; and
(c) the seller or employee had no reason to believe the evidence was false.
(4) Also, for the purposes of the Anti-Discrimination Act 1991, section 46, a seller is not
to be taken to discriminate against a person only because the seller refuses to sell
spray paint to the person because of subsection (1).
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(5) In this section-
acceptable evidence of age, for a person, means a document that—
(a) is a driver licence, proof of age card or an Australian or foreign passport; and
(b) bears a photograph of the person; and
(c) indicates by reference to the person’s date of birth or otherwise that the person
has attained a particular age.
• 23C When employee of seller liable
(1) This section applies if a seller has, in relation to an employee of the seller, taken the
prevention measures mentioned in section 23A(3).
(2) The employee of the seller must not, in the course of the employee’s employment,
sell spray paint to a minor.
Maximum penalty—
(a) for a first offence—20 penalty units; or
(b) for a second or later offence—40 penalty units.
(3) For deciding whether a person has committed a second or later offence for
subsection (2), it does not matter whether the prevention measures taken in relation
to the employee were taken by the same or a different employer.
• 23D Seller of spray paint must display prohibition sign
(1) A seller of spray paint who is an employer must display, as prescribed under a
regulation, a prohibition sign at each point of sale at the seller’s retail outlet.
Maximum penalty—20 penalty units.
(2) In this section—
point of sale means a counter or similar fixture where spray paint may be sold.
prohibition sign means a sign about the supply of spray paint to minors complying
with the requirements prescribed under a regulation.
retail outlet means premises where spray paint is available for sale to the public.
Part 6: Internet link to the Department of Communities’ Website containing information
for retailers in relation to the sale of potentially harmful things
13. The Department of Communities has produced a fact sheet and a poster for reference and
display by retailers and by other relevant persons in connection with section 23 “Sale of
potentially harmful things” of the Summary Offences Act 2005 for the purpose of further
minimising volatile substance misuse in Queensland. The term “potentially harmful thing”
is defined in section 23(3) of the Summary Offences Act 2005. The fact sheet and poster
may be accessed on the Internet Website:
http://www.communities.qld.gov.au/community/volatile-substances/retailers.html
