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:

  • Create graffiti on property if the graffiti is visible from a public place, unless you have the owner’s consent.
  • Create graffiti on property if the graffiti is visible from a public place, unless you have the owner’s consent.
  • Create offensive graffiti that is visible from a public place if that graffiti would offend a reasonable person.
  • Stick or post any kind of signs, poster, sticker, paper on any part of building, wall, vehicle, structure or even a tree, unless you first get the permission of the owner.
  • Encourage others to make graffiti, for example by publishing an advertisement in a publication or on the Internet.

What about possessing a graffiti tool?

It is illegal to:

  • Posses a graffiti tool (which is anything that can make a permanent mark that can’t be wiped away, such as spray paint or a texta) if you have the intention of making graffiti.
  • Possess a graffiti tool either on public transport, in a public place near public transport, or in a private place where you are trespassing.

However, it will not be against the law for you to possess a graffiti tool if you have it for the purposes of your job.

What happens if the Police catch you?

If the police find you in possession of a graffiti tool near public transport or while you are trespassing on private land, they can give you an infringement notice, which means you will have to pay a fine up to around $590.

If you are caught doing any of the other graffiti offences above, the police may warn you not to do it again, give you a caution or decide to charge you with an offence.

For more information about warnings, cautions 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 are under 14, the police are not allowed to search you for a graffiti implement without a warrant.

If you are 14 or older, the Police may search you without having a warrant if they have reasonable grounds to suspect that you have in your possession a graffiti implement, and that you are likely to destroy or get rid of the graffiti implement before they can get a search warrant. If you are in an area where there is a lot of graffiti, or it seems like the area that you are in has recently been marked with graffiti, this may give the police reasonable grounds for suspicion. See our page Police searches for more information. If the police find a graffiti tool, they can take it.

If the Police have taken your spray paint, and you are found guilty by the court any graffiti crime, you will not be able to get your graffiti instrument back.

However, if you are not charged and not given a fine, you can apply to have the graffiti tool given back to you within 7 days of the item being taken. The police must give you notice that you can do this. You will then be able to collect your item at the police station where it is kept. However, if you are under 18, your parent or guardian will have to accompany you to the police station before the police can return it to you.

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

If you are under the age of 10 you cannot be charged with an offence.

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

  • Dismiss the charge, but make you or your parents give an undertaking, for example, to promise that you will stop making graffiti;
  • Put you on a good behaviour bond for up to 12 months;
  • Make an order requiring you to be placed under supervision;
  • Require you to pay the cost of removing the graffiti or poster;
  • Send you to group conferencing where the police and others meet with you to discuss the crime and its consequences. The group agrees on the most appropriate outcome;
  • Make an order requiring you to report regularly to the authorities;
  • Require you to attend a youth residential centre or youth justice centre (depending on your age and the seriousness of the offence);
  • Give you a fine. The amount of the fine will depend on the circumstances;
  • Send you to prison. This will be a last resort for serious cases. You may also be ordered to pay for the cost of repairing the damage you have caused up to $1000.

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 illegal for a shop assistant to sell you aerosol paint, unless you have a statutory declaration (a certain kind of official letter) from your employer, saying that you require the spray paint for your job. The shop can face a fine of almost $2,340.

This information was last updated 22 July 2010.