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| The new Victorian graffiti laws have been passed. (April 2008). There are new offences (see below). The police have new search powers (see below). You might want to look at our fact sheets on fines. If you can’t pay the fine you will have to go to court and you may get a criminal record. Come and see us or go to a local legal centre (see below). We would like to hear of any complaints about the new search powers –ie how you are approached, searched and charged. Before these new laws you could be charged with criminal damage but now there are new graffiti offences and a power for police to search anyone from 14 up near public transport to find spray paint cans. NEW OFFENCES Possessing a graffiti implement (section 8) You can be charged with the offence if: • You’ve got something that can be used to graffiti • ‘Graffiti implement’ can be anything used to graffiti. • The police must have a reasonable suspicion you intend to graffiti. Penalty –maximum 25 penalty units ($2,750) Marking graffiti (section 5) You CANNOT graffiti on property visible in public places unless you have permission of the property owner. This includes writing, drawing, scratching or anything that can’t be removed with a dry cloth. Penalty: maximum 2 years imprisonment Offensive graffiti (section 6) Even with permission of an owner you CANNOT graffiti on property visible in public places if it is offensive. Penalty: maximum 2 years imprisonment Possessing a ‘prescribed graffiti implement (section 7). This means a spray paint can. You CAN be charged with this offence: • If you are near or on public transport. • You have a spray paint can on you or in your bag, car etc. • It’s no excuse that you weren’t going to graffiti. • It is an excuse if you are using it for a job or trade but you’ll have to prove it. On-the-spot fine of $550 or more OR maximum fine of 25 penalty points |
