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Graffiti laws
Victoria’s Graffiti Prevention Act 2007 (link below) sets out very serious penalties, including large fines and imprisonment, for making or intending to make graffiti.
Graffiti includes defacing, writing, scratching or drawing on or property so that the marks can’t be removed easily with a dry cloth. This includes stencil art and engraving.
It is an offence to mark graffiti on property that can be seen by the public unless the owner has given you permission. It is a more serious offence if the graffiti would offend a reasonable person. Political comments are an exception to this, if they are reasonable.
Possessing graffiti tools
It is an offence to carry tools that could be used to mark graffiti in particular areas without a good reason, such as needing to carry these tools because of your work. This includes spray paint, gouging tool or even a texta.
The places where carrying graffiti tools is an offence are:
- on property that belongs to a transport company (for example bus shelters, buses and trains)
- an adjacent place (near to or able to be seen from public transport property)
- if you are trespassing (on private property without permission from the owner).
Power to search
Police can search you if they suspect that you are carrying something that can be used to make graffiti. They can only do this if they reasonably suspect you are aged 14 or older.
Police may also search your car or anything you are carrying. The police do not need a search warrant if they suspect that evidence may be lost while they apply for the warrant.
The suspicion that police form must be reasonable. If you are near an area with a lot of graffiti or with recently marked graffiti the police can use this to justify their search.
Police will have to prove that you possessed a graffiti tool and that you intended to use it to make graffiti.
Public transport inspectors cannot search you.
Confiscating graffiti tools
Police may take anything that they believe may be used to make graffiti. These tools may be returned if police decide not to take you to court or if you are found not guilty.
Advertising bans
It is also now an offence to advertise graffiti tools (like spray paint) in a way that is likely to encourage the tools to be used to make unlawful graffiti.
More information
Youth issues – Young people & the police
Related publications
Your rights: police powers in Victoria
Related websites
Department of Justice – Offences under the Graffiti Prevention Act 2007 (new window)
Related legislation
Graffiti Prevention Act 2007 (new window)
How we can help
Call Victoria Legal Aid’s (VLA) Legal Information Service for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.
To find out more about any of our legal services see What we do.
Who else can help?
Your local community legal centre (CLC) can give you legal information and advice. Most CLC services are free. See the Community Law website (new window) for more information and CLC contact details.