5Possession of graffiti implement

#### 5 Possession of graffiti implement 5 Possession of graffiti implement > > (1) A person must not have any graffiti implement in the person’s possession with the intention that it be used to commit an offence under section 4 (2). > > > > Maximum penalty—10 penalty units or imprisonment for 6 months. > > > (2) A court that convicts a person of an offence under this section must not sentence the person to imprisonment unless the person has previously been convicted of an offence under this section or section 4 (2) (or under section 10A or 10B of the [Summary Offences Act 1988](/view/html/inforce/current/act-1988-025) as in force before their repeal by this Act) on so many occasions that the court is satisfied that the person is a serious and persistent offender and is likely to commit such an offence again. > > > (3) If a person is convicted of an offence under this section, the court may, in addition to any other penalty it may impose, make an order that the graffiti implement be forfeited to the Crown, and the graffiti implement is forfeited accordingly. > > **s 5:** Am 2009 No 94, Sch 1 \[3\]; 2014 No 11, Sch 1 \[2\] \[3\].