A WA parliamentary question seeks clarification on local government powers to remove graffiti from private property and restrictions on aerosol paint sales to minors. The answer clarifies local government bylaw powers and a voluntary code of conduct restricting sales to under 18s.

AnsweredQoN 2863Legislative Assembly
Asked
1 June 2004
Portfolio
Police and Emergency Services

QuestionView source ↗

(1) Which law grants permission for a Local Government authority to remove graffiti from walls or other structures that are privately owned without the prior permission of the private owner?
(2) Is there a minimum age limit below which young people cannot buy aerosol spray cans of paint as are commonly used to create graffiti?

AnswerView source ↗

Answered
17 August 2004
Responded by
Minister for Police and Emergency Services
Response time
77 days
(1) The Police Service advise Local Governments are able to make bylaws governing their localities and it is recommended that advice be sought from the Minister for Local Government. (2) The Police Service advise that during 1999 the Police Service, in partnership with retail groups and the paint industry, helped to instigate a code of conduct restricting juvenile access to aerosol paint cans. This code places an emphasis on restricting supply of aerosol paints to person under the age of 18 years where the retailer has belief the product may be misused. Retailers such as Bunnings and Kmart have embraced the code and taken the additional step of securing aerosol paints behind lock and key within their stores to discourage access to the product by minors.

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