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Offences under the Graffiti Prevention Act 2007

The State Government's legislative response to graffiti is concerned with illegal graffiti that is marked on property without the owner's consent and is identified as a crime.

Graffiti is a form of property damage which cost an estimated $300 million in 2003 to clean-up nationwide. There are a number of other concerns graffiti raises including:

• Community perceptions of safety  The Australian Bureau of Statistics' 2005 household survey on crime showed that 26 per cent of Victorians identified graffiti and vandalism as a problem in their neighbourhood – after dangerous driving and theft from homes.
• Community perceptions of social decline  'Broken windows theory' states graffiti in a neighbourhood signals that the authorities (eg. the police and local council) and residents are not in control or concerned about the area. This encourages further criminal activity which leads to economic decline and social instability in the area.
• Potential harm to graffiti offenders  Graffiti offenders are potentially exposed to noxious chemicals through their use of aerosol paint, especially if personal safety measures are not taken. The quest to mark graffiti on hard-to-reach locations, including moving trains, drains and the exteriors of buildings, exposes them to injury and even death.

Graffiti Prevention Act 2007 offences

The Graffiti Prevention Act 2007 aims to deter graffiti offending and address offending behaviour through the provision of tough fines and imprisonment. Other offences aim to ensure retailers cannot profit from the criminal behaviour of graffiti offenders and to reduce the incidence of graffiti offending by limiting access to the most common and preferred graffiti implement, spray paint cans.

The offences (and penalties) under the Graffiti Prevention Act 2007 are:

• marking publicly visible graffiti on property without the owner's consent – up to two years imprisonment (level seven imprisonment) and a fine of up to 240 penalty units ($28,036.80)
• marking publicly visible graffiti that would offend a reasonable person – up to two years imprisonment (level seven imprisonment) and a fine of up to 240 penalty units ($28,036.80)
• possessing, without lawful excuse, a spray paint can while on or adjacent to public transport property or infrastructure, or where the person is trespassing – a fine of up to 25 penalty units ($2,920.50) or an on-the-spot infringement penalty of up to five penalty units ($584.10)
• possessing a graffiti implement with the intention of marking unlawful graffiti – a fine of up to 25 penalty units ($2,920.50)
• advertising a prescribed graffiti implement for sale, if the advertisement is likely to, or the person intends it to, incite or promote unlawful graffiti – a fine of up to 50 penalty units ($5,841.00)
• selling a spray paint can to a minor other than in circumstances where the person can demonstrate that they need the paint for employment purposes – a fine of up to 20 penalty units ($2,336.40) or an on-the-spot infringement penalty of up to two penalty units ($233.64)
• an employer or principal not taking reasonable precautions to prevent an employee or agent from selling a spray paint can to a minor for any purpose other than their employment – a fine of up to 20 penalty units ($2,336.40).

Offences under other Acts

Previously, graffiti offenders were charged with property damage under the Summary Offences Act 1966 and wilful damage under the Crimes Act 1958. These offences can still be used for graffiti offending, especially in the case of minor or more serious property damage as a result of graffiti.

Summary Offences Act 1966 (s9, s10):

• Wilful injury or damage to any property (whether private or public) under the value of $500 – up to six months imprisonment or a fine of up to 25 penalty units ($2,920.50)
• Posting of any placard bill sticker or other document on or writes or paints on any property – up to three months imprisonment or a fine of up to 15 penalty units ($1,752.30).

Crimes Act 1958 (s197):

• Intentionally and without lawful excuse destroying or damaging any property belonging to another, or to themself and another – up to 10 years imprisonment (level five imprisonment).