Graffiti

Is graffiti illegal?

It is possible to create graffiti legally. For example, if it is on private property and you have the consent of the owner or it is a space designated as legal graffiti space. Check with your local council about these spaces.

However, it is against the law to intentionally create graffiti on any property, including public property, unless you have permission from the owner.

It is also against the law to stick or post any kind of signs, poster, paper on any part of building, wall, vehicle, structure or even a tree so that the sign or paper able to be seen from a public place, unless you first get the permission of the owner.

What about possessing a graffiti tool?

It is against the law for anyone to possess any graffiti tool if you intend to damage or make marks on someone’s property. This includes spray paint or spray can, a marker pen or any other thing that you could use to make a mark on something which is not easy to wipe off, or remove with water or detergent.

If you are under 18 it is against the law to have a spray paint can in your possession, even if you do not intend to use it for graffiti. However, if you can show that you have the spray paint can for a lawful purpose, such as it is necessary for your job or education or training, then it is not against the law.

What happens if the Police catch you?

Depending on the circumstances, the police may:

a) Give you a warning;

b) Issue a notice of caution;

c) Require you to attend a Youth Justice Conference, where the police and others meet with you to discuss the crime and its consequences.  The group agrees on the most appropriate outcome;

d) Charge you with an offence.

For more information about warnings, cautions, youth justice conferences and being charged with an offence, see our page Youth Justice and Criminal Law.

Can the Police stop you and take your spray paint?

If you are under 18, the police may confiscate your spray can unless you can show you have it for a legal reason (such as you need it for your job, education or training). However, the Police must explain to you their reasons for confiscating your spray can. They may also charge you with possession of a graffiti implement.

If the Police do take your spray can they are allowed to throw it away if it is partly used or of very little value. If they do not throw it away, the police will keep it at the police station for seven days. You can make a claim for a return of the spray can from that police station if you are over 18 or you can prove that you had the spray can for a legal reason.

What if the police see you putting a poster on the wall of someone’s building?

If the Police catch you putting a poster, paper or something similar to someone’s wall, or you are caught marking a wall or building or something without the owner’s permission, and you are found guilty of the offence, you might have to pay up to $440.

If I am guilty of a graffiti offence, what are the penalties?

If you are found guilty, then depending on the case a court can:

a) Issue a notice of caution;

b) Require you to clean up the graffiti instead of paying the fine;

c) Order you to pay for the cost of repairing the damage you have caused up to an amount of $2,200;

d) Order you to attend a graffiti prevention program;

e) Require you to perform community service work;

f) Require you to attend Youth Justice Conferencing;

g) Fine you. The amount of the fine will depend on the circumstances;

h) Send you to prison. However, the court will only send you to jail if you have been found guilty of committing acts of graffiti so many times that you are a repeat and serious graffiti offender and it thinks you are likely to do it again.

For more information about types of orders the Court can make, see Children’s Court.

Can I buy spray paint?

If you are under 18, it is against the law for anyone to sell or supply a spray can to you. They may be fined up to $1,100. This means that a shop assistant can ask you for identification to prove you are over 18 if you want to buy spray paint. If you cannot produce identification the shop assistant may refuse to sell you spray paint.

It is not against the law for you to buy spray paint if it is for a legal purpose, such as if you need it for your job or for your school work or training.

 

This information was last updated 16 July 2010.