Criminal Legislations

Section 8B Graffiti Control Act | Possessing Spray Cans by Under 18s


Section 8B of the Graffiti Control Act 2008 (NSW) is Possessing Spray Cans by Under 18s and is extracted below.

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The Legislation

8B Possession of spray paint cans by persons under 18

(1) A person under the age of 18 years who is in possession of a spray paint can in a public place is guilty of an offence. Maximum penalty: 10 penalty units or imprisonment for 6 months.

(2) It is a defence (proof of which lies on the person in possession of the spray paint can) to a prosecution for an offence under this section that the person:

(a) had the spray paint can in his or her possession for a defined lawful purpose, being the lawful pursuit of an occupation, education or training, or
(b) had the spray paint can in his or her possession for another defined lawful purpose and was at or in the immediate vicinity of the place where the spray paint can was being used or intended to be used for that defined lawful purpose.

(3) In this section, a “defined lawful purpose” is:

(a) the lawful pursuit of an occupation, education or training, or
(b) any artistic activity that does not constitute an offence against this Act or any other law, or
(c) any construction, renovation, restoration or maintenance activity that does not constitute an offence against this Act or any other law, or
(d) any other purpose authorised by the regulations.

(4) The regulations may provide that this section does not apply to or in relation to any specified class or description of spray paint can.

(5) A court that convicts a person of an offence under this section must not sentence the person to imprisonment unless the person has previously been convicted of an offence under this section, or under section 4 or 5 (or under a repealed provision of the Summary Offences Act 1988 that corresponded to section 4 or 5), on so many occasions that the court is satisfied that the person is a serious and persistent offender and is likely to commit such an offence again. The corresponding provisions of the Summary Offences Act 1988 to sections 4 and 5, before their repeal by this Act, were sections 10A and 10B.

(6) In this section:“public place” means:

(a) a place (whether or not covered by water), or
(b) a part of premises,
that is open to the public, or is used by the public whether or not on payment of money or other consideration, whether or not the place or part is ordinarily so open or used and whether or not the public to whom it is open consists only of a limited class of persons, but does not include the premises of a school or other educational establishment.

Section 8A Graffiti Control Act | Supply of Spray Paint to Under 18s


Section 8A of the Graffiti Control Act 2008 (NSW) is Supply of Spray Paint to Under 18s and is extracted below.

Call Sydney Criminal Lawyers today on (02) 9261 8881 and let one of our experienced criminal lawyers advise and assist you.

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The Legislation

8A Supply of spray paint cans to persons under 18

(1) A person who supplies a spray paint can to a person under the age of 18 years is guilty of an offence. Maximum penalty: 10 penalty units.

(2) It is a defence (proof of which lies on the person supplying the spray paint can) to a prosecution for an offence under this section that:

(a) the person believed on reasonable grounds that the recipient intended to use the spray paint can for a defined lawful purpose, being the lawful pursuit of an occupation, education or training, or
(b) the supply occurred in a public place and the person believed on reasonable grounds that the recipient intended to use the spray paint can at or in the immediate vicinity of the place where the supply occurred for another defined lawful purpose, or
(c) the supply occurred in a private place and the person believed on reasonable grounds that the recipient intended to use the spray paint can at or in the immediate vicinity of the place where the supply occurred for an activity that does not constitute an offence against this Act or any other law.

(3) In this section, a “defined lawful purpose” is:

(a) the lawful pursuit of an occupation, education or training, or
(b) any artistic activity that does not constitute an offence against this Act or any other law, or
(c) any construction, renovation, restoration or maintenance activity that does not constitute an offence against this Act or any other law, or
(d) any other purpose authorised by the regulations.

(4) The regulations may provide that this section does not apply to or in relation to any specified class or description of spray paint can.

(5) In this section:“private place” means any place that is not a public place.“public place” means:

(a) a place (whether or not covered by water), or
(b) a part of premises,
that is open to the public, or is used by the public whether or not on payment of money or other consideration, whether or not the place or part is ordinarily so open or used and whether or not the public to whom it is open consists only of a limited class of persons, but does not include the premises of a school or other educational establishment.

Section 8 Graffiti Control Act | Unsecured Display of Spray Paint Cans


Section 8 of the Graffiti Control Act 2008 (NSW) is Unsecured Display of Spray Paint Cans and is extracted below.

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The Legislation

8 Unsecured display by retailers of spray paint cans

(1) The occupier of any shop from which spray paint cans are sold must not display any such can in any part of the shop to which members of the public are permitted access unless the can is properly secured in accordance with subsection (2). Maximum penalty: 10 penalty units.

(2) A spray paint can is properly secured if it is displayed:

(a) in a locked cabinet, or
(b) within or behind a counter in such a manner that members of the public are not able to gain access to the can without the assistance of the occupier or an employee or agent of the occupier, or
(c) in any other manner prescribed by the regulations.

(3) The regulations may provide that this section does not apply to or in relation to any specified class or description of spray paint can.

(4) The Minister is to review the operation of this section (including the corresponding provision of the Summary Offences Act 1988 as in force before its repeal by this Act) as soon as possible after the period of 12 months following the date of commencement of this section. The corresponding provision of the Summary Offences Act 1988, before its repeal by this Act, was section 10D.

(5) In this section:“display” includes store or keep.“occupier”, in relation to a shop, means:

(a) a person who has the right to occupy the shop to the exclusion of the owner, or
(b) the person who is the owner of the shop if there is no person with a right to occupy the shop to the exclusion of the owner.
“sell” includes offer for sale or expose for sale.”shop” includes any retail premises.

Section 7 Graffiti Control Act | Sale of Spray Paint to Under 18s


Section 7 of the Graffiti Control Act 2008 (NSW) is Sale of Spray Paint to Under 18s and is extracted below.

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The Legislation

7 Sale of spray paint cans to persons under 18

(1) A person who sells a spray paint can to a person under the age of 18 years is guilty of an offence. Maximum penalty: 10 penalty units.

(2) It is a defence (proof of which lies on the person selling the spray paint can) to a prosecution for an offence under this section that the person selling the spray paint can believed on reasonable grounds that the person to whom the spray paint can was sold was of or above the age of 18 years.

(3) If an employee contravenes subsection (1), the employer is taken to have contravened that subsection, whether or not the employee contravened the provision without the employer’s authority or contrary to the employer’s orders or instructions.

(4) It is a defence to a prosecution against an employer for such a contravention if it is proved:

(a) that the employer had no knowledge of the contravention, and
(b) that the employer could not, by the exercise of due diligence, have prevented the contravention.

(5) An employer may be proceeded against and convicted under subsection (1) by virtue of subsection (3) whether or not the employee has been proceeded against or convicted under subsection (1).

(6) The regulations may provide that this section does not apply to or in relation to any specified class or description of spray paint can.

Section 6 Graffiti Control Act | Posting Bills and Marking


Section 6 of the Graffiti Control Act 2008 (NSW) is Posting Bills and Marking and is extracted below.

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The Legislation

6 Posting bills and other marking offences

A person must not:

(a) affix a placard or paper on any premises, or
(b) intentionally mark, by means of chalk, paint or other material, any premises,

so that the placard, paper or marking is within view from a public place, unless the person first obtained the consent, if the premises are occupied, of the occupier or person in charge of the premises or if the premises are unoccupied, of the owner or person in charge of the premises.

Maximum penalty: 4 penalty units.

Section 5 Graffiti Control Act | Possessing Graffiti Implement


Section 5 of the Graffiti Control Act 2008 (NSW) is Possessing Graffiti Implement and is extracted below.

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The Legislation

5 Possession of graffiti implement

(1) A person must not have any graffiti implement in the person’s possession with the intention that it be used to damage or deface premises or other property. Maximum penalty: 10 penalty units or imprisonment for 6 months.

(2) A court that convicts a person of an offence under this section must not sentence the person to imprisonment unless the person has previously been convicted of an offence under this section or section 4 (or under the corresponding provisions of the Summary Offences Act 1988 as in force before their repeal by this Act) on so many occasions that the court is satisfied that the person is a serious and persistent offender and is likely to commit such an offence again.

(3) If a person is convicted of an offence under this section, the court may, in addition to any other penalty it may impose, make an order that the graffiti implement be forfeited to the Crown, and the graffiti implement is forfeited accordingly.

Section 4 Graffiti Control Act | Damaging or defacing property by means of graffiti implement


Section 4 of the Graffiti Control Act 2008 (NSW) is Damaging or defacing property by means of graffiti implement and is extracted below.

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The Legislation

Damaging or defacing property by means of graffiti implement

(1) A person must not, without reasonable excuse (proof of which lies on the person), intentionally damage or deface any premises or other property by means of any graffiti implement. Maximum penalty: 20 penalty units or imprisonment for 12 months.

(2) A court that convicts a person of an offence under this section must not sentence the person to imprisonment unless the person has previously been convicted of an offence under this section or section 5 (or under the corresponding provisions of the Summary Offences Act 1988 as in force before their repeal by this Act) on so many occasions that the court is satisfied that the person is a serious and persistent offender and is likely to commit such an offence again. The corresponding provisions of the Summary Offences Act 1988, before their repeal by this Act, were sections 10A and 10B.

Graffiti Control Act 2008 (NSW) Sections


The Graffiti Control Act 2008 (NSW) introduces a range of offences associated with graffiti and possession of spray cans and other implements capable of causing graffiti.

If you are charged with a graffiti offence, it is important to obtain advice from criminal lawyers who are familiar with the legislation and can get you the best result.

Contact Sydney Criminal Lawyers today on (02) 9261 8881 for expert advice and outstanding representation for all Graffiti Control Act offences.

Free first appointment. All NSW Courts.

Section 4 Graffiti Control Act | Damaging or defacing property by means of graffiti implement

Section 5 Graffiti Control Act | Possessing Graffiti Implement

Section 6 Graffiti Control Act | Posting Bills and Marking

Section 7 Graffiti Control Act | Sale of Spray Paint to Under 18s

Section 8 Graffiti Control Act | Unsecured Display of Spray Paint Cans

Section 8A Graffiti Control Act | Supply of Spray Paint to Under 18s

Section 8B Graffiti Control Act | Possessing Spray Cans by Under 18s