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Graffiti Laws
Graffiti is a crime
Stringent penalties in the Crimes Act 1900 and in the Summary Offences Act 1988 have been introduced to deal with graffiti crime.
Under section 195 of the Crimes Act 1900 a person who maliciously destroys or damages property belonging to another is liable to a maximum penalty of imprisonment for 5 years, and section 200 allows for imprisonment of three years for being in possession of a non-explosive article, with an intent to deface or damage premises or property.
In the Summary Offences Act 1998 the penalties for graffiti offences are:
- Section 7 - damaging fountains erected in a public place, maximum penalty $440.
- Section 8 - damaging or desecrating protected places, maximum penalty $2200.
- Section 9 - wilfully marking, by means of chalk, paint or other material, any premises, where the marking is within view from a public place unless the consent of the occupier or person in charge of the premises is first obtained. The maximum penalty is $440.
- Section 10A - damaging and defacing property by means of spray paint, maximum penalty $2200 or imprisonment for 6 months, or a period of community service work.
- Section 10B - possession of spray paint, maximum penalty $1100 or imprisonment for 3 months, or a period of community service work.
In addition:
- The Anzac Memorial Act allows a fine of up to $2,200 (20 penalty points) for damage to the Anzac Memorial;
- The Transport Administration Act 1998 allows for a maximum fine of $220 (two penalty points) for possessing anything, with the intent to damage property;
Where a young person commits an offence involving graffiti or vandalism and that young person appears before the Children’s Court, the Court is able to make an Order under section 5 of the Children (Community Services Orders) Act 1987 requiring the person to perform community service work. The Order may also require the young person to:
- Remove graffiti from buildings, vehicles, vessels and places; and
- Restore the appearance of buildings, vehicles, vessels and places after removal of the graffiti contact your local council
The Government also implemented legislation to restrict the sale of aerosol spray paints in NSW. Section 10C of the Summary Offences Act bans the sale of spray paints to young people under the age of 18 years and carries a maximum penalty of $1100.
In May 2006, the Government introduced new legislation to restrict access to spray cans at retailer shops in the Summary Offences Amendment (Display of Spray Paint Cans) Act 2006. Retailers who sell spray paint cans are required to properly secure them if they are displayed in areas where the public has access.
Under the new law, a spray paint can is properly secured if it is displayed:
- In a locked cabinet, or
- In or behind a counter so that customers cannot gain access to the can without the assistance of shop staff, or
- On a shelf of height 2.1 metres or more, or
- In any other manner prescribed by the regulations
Spray paints which are colourless and transparent when applied to a surface are exempt from the new law
This new legislation came into effect on 1 November 2006. A maximum fine of $1,100 is payable by a retailer who fails to properly secure spray paint cans in accordance with the new law.
A ‘grace period’has been provided until 1 February 2007. During the grace period the Office of Fair Trading will focus on providing retailers with education and assistance to help them comply with the legislation, rather than on enforcement action.
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