Prosecution

Council will work with the NSW Police Service to identify and apprehend perpetrators of graffiti.

The placement of graffiti on public or private property without consent is illegal in NSW. This includes defacing by means of chalk, paint, felt tip markers or other materials.

Offenses

Under the Graffiti Control Act 2008:

  • A person must not intentionally damage or deface a property by means of any graffiti implement (maximum penalty six months imprisonment for serial offenders)

  • A person must not have any graffiti implement in their possession with the intent to damage or deface a property (maximum penalty 3 months imprisonment for serial offenders).

  • A person must not put up a bill or paper, or mark a property by means of chalk, paint or other material without the owner's consent.

Spray cans & Retailers

The Graffiti Control Act prohibits the sale of spray paint cans to people under the age of 18 years, and requires retailers to keep spray paint secure.

For further information about Graffiti laws visit the NSW Attorney General’s Crime Prevention Division graffiti website