Graffiti vandalism is a problem which costs the NSW community tens of millions of dollars each year. Much of this vandalism is carried out using stolen spray paint cans.

Age restrictions

It is illegal for retailers to sell spray paint to anyone under the age of 18 years.

A retailer has the right to ask a person who wishes to buy spray paint cans for proof of age. Forms of proof of age include:

• a Roads and Traffic Authority (RTA) Proof of Age card
• driver licence
• passport
• birth certificate, or
• other official document with the customer’s name and age or date of birth.

A person who is 18 years or older may buy spray paint cans on behalf of a minor if the product is to be used for a legitimate purpose.

A retailer has the right to question customers about how they intend to use the products they are buying, and to refuse to sell products to a person of any age if they suspect that they will be used for graffiti.

Penalties for graffiti vandalism

The following penalties apply to graffiti vandalism offences:

• a maximum fine of $2,200 or imprisonment for 6 months for damaging or defacing property using spray paint
• a maximum fine of $1,100 or imprisonment for 3 months for possessing a spray can, marker pen or etching implement with intent to damage or deface property
• a maximum penalty of imprisonment for 5 years for malicious damage involving graffiti.

A court can order an offender to undertake community service work instead of imposing a fine or prison sentence. The court can require the offender to remove the graffiti and restore the appearance of the property.

Storing spray paint cans

Retailers who sell spray paint cans are required by law to keep those cans either:

• in a locked cabinet
• in or behind a counter in such a way that customers cannot gain access to the cans without the assistance of shop staff, or
• on a shelf 2.1 metres or higher.

Spray paints which are colourless and transparent are exempt from the law.

NSW Government anti graffiti strategy

The Summary Offences Amendment (Display of Spray Paint Cans) Act 2006 forms part of the NSW Government’s comprehensive strategy to drive down the incidence of graffiti on trains, public transport infrastructure and other community facilities.

The Government’s anti-graffiti strategy also includes:

• establishment of an Anti-Graffiti Action Team, which brings together experts from Government agencies, retailers and the paint industry in order to co-ordinate and implement new graffiti initiatives
• increasing use of Community Service Orders to make offenders repair the damage caused by graffiti vandalism
• identifying graffiti ‘hot spots’ and stepping up enforcement and surveillance, especially through CCTV
• assisting councils and government utilities to develop Graffiti Management Plans targeting high graffiti environments
• local councils accrediting community groups and volunteers to remove graffiti
• continuing the work of Operation Chalk, which involves covert operations on RailCorp property, including railway stations, stabling yards, commuter carparks and the rail corridor.

If you witness or are aware of breaches in the law regarding graffiti or vandalism, you can call Crime Stoppers on 1800 333 000.