Return to normal view

Restrictions on the Sale of Spray Paint Cans

Selling spray paint cans

The Graffiti Prevention Act 2007 restricts the sale of spray paint cans to people under 18 years of age, unless they can prove they need the cans for employment purposes. Research indicates that graffiti offending is evolutionary in nature, with offenders following a developmental cycle that commences with tagging in early adolescence. The Act aims to reduce the incidence of graffiti vandalism by making it more difficult for people under 18 year old, the largest group of apprehended graffiti offenders, to access the most common and preferred graffiti implement.

Since 30 June 2008, retailers are obliged to ask any customer they think may be  under 18 years of age who wants to purchase spray paint cans for proof of their age.

If the customer is under 18 years old, they must then provide proof from their employer (a letter or statutory declaration) that they need the spray paint cans for employment purposes. The retailer is not expected to keep copies of evidence shown for proof of age or employment.

Proof of age

Evidence of proof of age may include one of the following documents:

• a proof-of-age card or a card that has been issued in Victoria or another Australian state/territory that is the equivalent of a proof-of-age card
• a driver's licence or a licence that has been issued in Victoria or another Australian state/territory that is the equivalent of a driver's licence
• an Australian or foreign passport
• a document issued by a person, or on behalf of a government department or agency, approved by the Minister that includes a photograph of the cardholder and enables that person's age to be determined.

Proof a spray paint can is required for work

A customer under 18 years old must provide proof the spray paint can is for employment purposes. The Act requires the person must produce a letter or a statutory declaration from their employer stating the person requires the spray paint for employment purposes.

Selling spray paint cans to a minor carries a maximum fine of $2,336.40. Councils are responsible for enforcing this restriction and can issue on-the-spot infringement notices ($233.64) to the person selling a spray paint can to someone under 18 years of age without citing proof of it being for employment purposes.

In addition, employers can also be fined up to $2,336.40 if they do not take reasonable precautions to prevent their employees and/or agents from selling spray paint cans to under 18 year-olds without proof that it is required for employment purposes.

If you are concerned about the sale of spray paint cans to minors in your neighbourhood, contact your local council (see Find Your Local Council in right-hand menus for council contacts).

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.