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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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.