New graffiti laws and sale of aerosol paint containers
New graffiti laws (Police Offences Act 1935)
It is now illegal to:
- distribute, sell or supply graffiti equipment (such as aerosol paint containers) to a person who is under 18 years
- mark graffiti (such as marking, drawing, writing or otherwise defacing property)
- possess, carry or use graffiti equipment (such as aerosol paint containers) in a public place
without a lawful excuse.
What happens if you get caught?
If you are in a public place, police can stop, detain and search you or your vehicle if they have a reasonable belief that you possess or carry graffiti equipment without a lawful excuse. Police do not need a warrant to do this.
If you are found guilty a court may impose a fine, and/or a community service order.
What is a lawful excuse?
A lawful excuse includes, the pursuit of a lawful occupation, duty or activity, or participation in a lawful sport, recreation or entertainment environment.
Carrying written proof, for example a business card, statutory declaration, letter or membership card may help you prove that you have a lawful excuse.
The Commissioner of Police has the authority to exempt people from the offence provisions.