Sub Navigation

Return to normal view

Deterring Graffiti Offenders

Legislation

An important aim of the Graffiti Prevention Act 2007 is to deter graffiti offenders.To achieve this, the Act created several new and specific graffiti offences for:

  • marking graffiti
  • possessing a prescribed graffiti implement
  • possessing a graffiti implement with the intent of using it to mark graffiti
  • advertising for sale a prescribed graffiti implement for sale.

Each of the offences assist police in detecting and prosecuting graffiti offenders. The offences carry substantial penalties including:

  • up to two years imprisonment and a fine of up to $28,036.80 for marking graffiti and offensive graffiti
  • maximum fines up to $2,920.50 for the possession-related offences. 

The Act also restricts the sale of spray paint cans to persons under 18 years of age unless they can provide evidence (a letter or statutory declaration from their employer) that they require the spray paint for employment purposes. This measure will help limit minors' access to spray paint cans as statistics show this group is most likely to be apprehended for graffiti offences.

The Act also introduces a procedure facilitating the removal of graffiti on private property by local councils. Rapid removal is a strong deterrent against repeat graffiti attacks.

These new offences are supported by enhanced police search and seizure powers relating to the commission, or suspected commission, of graffiti-type offences.  

Graffiti removal program for offenders

The Victorian Government's Community Correctional Services Graffiti Removal Program puts offenders on community-based orders to work to clean-up graffiti from council, community and public assets. The program encourages offenders to take pride in the work they undertake as compensation for their offences, while providing them with opportunities to contribute to the beautification of local communities.

The program was expanded in 2007-08 with the addition of six new purpose-built trailers. This brought the total to 14 trailers across the state, and provided increased access for program partners (up to 26 including 18 local councils) to the clean-up crews. From July 2009, the number of program partners will increase again and the program will deliver 30 operational days per week, every week of the year.

From November 2005 to July 2009 the CCS Graffiti Removal Program has delivered the following outcomes:

  • cleaned up 500,000 square metres of graffiti
  • provided around 10,000 offenders with the opportunity to make reparation for their crimes
  • provided over 178,000 hours of unpaid community work.

The 500,000 square metres of graffiti that has been cleaned up equates to an area the size of:

  • almost 25 Melbourne Cricket Ground playing fields
  • 1,900 tennis courts.