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Restrictions on the Advertising of Spray Paint Cans

Advertising spray paint cans

Under the Graffiti Prevention Act 2007 retailers commit an offence if they advertise the sale of a prescribed graffiti implement (ie. spray paint cans) in a manner that is likely to incite or promote illegal graffiti. This law aims to prevent rogue retailers profiting from the criminal behaviour of graffiti vandals.

The provision will not affect the advertising of spray paint where it is clear that the advertisement advocates the use of the product for legitimate purposes.

If an advertisement for the sale of spray paint cans in any publication or website contains images of illegal graffiti (eg. photographs of graffiti on Melbourne trains), this will be taken as evidence of inciting or promoting illegal graffiti.

Advertising a prescribed graffiti implement for sale, if the advertisement is likely to, or the person intends it to, incite or promote unlawful graffiti may attract a fine of up to $5,841.00.

Resources for retailers

The Victorian Government has developed a Retailer’s Kit to help retailers who sell and advertise spray paint cans to understand and comply with the Graffiti Prevention Act 2007.

The 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.