Tagging and Graffiti Vandalism
4 July 2008

The Summary Offences (Tagging and Graffiti Vandalism) Amendment Bill amending the Summary Offences Act 1981 has been passed in to law and creates specific offences to deal with graffiti vandalism, tagging and defacing.

A person who damages or defaces any building, structure, road, tree, property, or other thing by writing, drawing, painting, spraying, or etching on it, or otherwise marking it is now liable to a community-based sentence or a fine not exceeding $2,000, or to both.

A person can be sentenced to community work or fined up to $500 for possession of a graffiti instrument in circumstances where the intention to use it can be inferred.

A person who supplies a spray can to a person under 18 years of age can be fined up to $1,500.

Shop keepers who fail to restrict access to spray cans in shops can be fined up to $1,500. This part of the Amendment Act does not come into force until 26 September 2008. It doesn’t mean that the spray cans have to be locked away but it does mean that the public can’t help themselves and have to ask for assistance.