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Enforce Graffiti Laws

The State Government's Graffiti Prevention Act 2007 recognises graffiti as a crime. It emphasises its potential severity through tough new penalties with offences attracting maximum fines of more than $27,000 and up to two years prison time. The aim is to discourage graffiti and provide significant penalties for offending which can result in property damage in the tens of thousands of dollars.

According to Victoria Police crime statistics, under 19 years-olds represented nearly 80 per cent of all alleged offenders apprehended for graffiti-related offences in 2006–07. Restrictions on the sale of prescribed graffiti tools, such as spray paint cans, will limit young people's access to these implements, while allowing them to access spray paint cans for employment purposes.

In an effort to prevent rogue retailers profiting from the criminal behaviour of graffiti offenders, retailers face significant fines if they advertise the sale of spray paint cans in a manner that is likely to incite or promote illegal graffiti.

The Graffiti Prevention Act 2007 aims to:

• reduce the significant financial and social costs of graffiti to the Victorian community
• provide a strong deterrent to perpetrators of graffiti and promote the accountability of those perpetrators for their actions
• reduce the incidence of graffiti in Victoria.

New police investigative powers and procedures for councils that want to remove graffiti from private property are also included in the Graffiti Prevention Act 2007.

The graffiti legislation is complemented by the expansion of existing and the development of new graffiti prevention and removal initiatives.

Commencement of the Act

The Act commenced in two stages:

• on 17 April 2008 all of the Act commenced except those provisions establishing the restriction on the sale of spray paint cans to minors
• on 30 June 2008 the restriction on the sale of spray paint cans to minors (ss. 10, 11(2) and 11(5)) commenced.

From mid-April 2008, advertising and information campaigns were put in place to raise awareness amongst groups and individuals affected by the commencement of the new legislation.

 

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