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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 $28,000 and up to two years prison time. The aim is to discourage the marking of graffiti and provide significant penalties for offending. Graffiti 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, aim to 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.

Increased police investigative powers and procedures for councils to remove graffiti from private property are also part of the Graffiti Prevention Act 2007.

The graffiti legislation is complemented by initiatives under the Victorian Government’s Graffiti Prevention and Removal Strategy, including the CCS Graffiti Removal Program and an annual Graffiti Clean-up Community Grants program for council/community partnership projects (see State Government Graffiti Clean-up Initiatives in the right-hand menu for further information about these two graffiti removal programs).

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.

Since April 2008, when an advertising and information campaign ran for up to four months, a number of information resources have been available to raise awareness amongst Victorians affected by the graffiti legislation.

An information postcard with key information about the Graffiti Prevention Act 2007is available by emailing graffiti@justice.vic.gov.au. Bulk copies are also available. Do not forget to include your postal contact details.

A Retailer’s Kit includes: 

• Information sheets  Three information sheets (‘Graffiti Laws & Graffiti Management’; ‘Information for employees’; and ‘Information for retailers’) provide background information about the graffiti laws, the offences and penalties and what retailers and their employees need to do to comply with the legislation. The information sheets are available in English, Arabic, Cantonese, Mandarin and Vietnamese and can be downloaded from this website. See Information Sheets for Local Councils in the right-hand menus for downloads.
• Decals  These can be placed in shop windows and doors to advise potential customers of the sales restriction on spray paint cans.
• Signage  More detailed information about the sales restriction can be attached to shelves displaying spray paint cans.
• Point-of-sale information  A postcard provides customers with further information about the graffiti legislation, the key offences and penalties, and what is involved with the increased police powers of search and seizure.

Copies of the Retailer’s Kit can be obtained (bulk copies are available) by emailing the following details to graffiti@justice.vic.gov.au:

• your full name
• trading name
• postal address
• daytime phone number
• the number of copies you want.

Disclaimer

This website is provided for general information only. The information provided on this website does not constitute legal advice. The State of Victoria does not represent or warrant that this website is accurate, authentic or complete. You should assess whether the information is accurate, authentic or complete and where appropriate, seek independent professional advice.