Prosecution

The placement of graffiti on public or private property without consent is illegal.

Waverley Council works with NSW Police to identify and apprehend perpetrators of graffiti.

What is a graffiti related offence?

Under the Graffiti Control Act 2008 graffiti related offences include:

  • Damaging or defacing property by means of a graffiti implement
  • Possession of a graffiti implement including the following:
  • Spray paint
  • Marker pens
  • Any implement designed or modified to produce a mark that is not readily removable by use of water or detergent
  • Posting bills and other marking offences.

Sale and confiscation of spray paint cans

It is also against the law to:

  • Sell spray paint cans to persons under the age of 18 years.
  • Have unsecured spray paint cans in retail premises.

A police officer may seize a spray paint can in the possession of a person in a public place if the officer suspects on reasonable grounds that the person is under the age of 18 years, unless the person satisfies the officer that the person’s possession of the spray paint can does not constitute an offence under the Graffiti Control Act 2008.

For more information about graffiti laws visit the NSW Attorney General and Justice Crime Prevention Division website.

Contact:

Michael Simmons
Community Safety Development Officer
Email: Michael.Simmons@waverley.nsw.gov.au