Graffiti Prevention Act 2007 Introduced In Victoria

The recently introduced Graffiti Prevention Act 2007 will restrict the sale and advertising of spray paint cans in Victoria in an effort to tackle the graffiti problem. The Act commenced on April 17, 2008, with restrictions on spray paint cans coming in on June 30, 2008. Under the Act, Victorian retailers have must adhere to new obligations when selling spray paint cans to the public.

Obligations for Victorian retailers:

1. Spray paint cans cannot be advertised for sale in any way that encourages illegal graffiti. They can only be advertised for legitimate purposes like craft, work, auto body repairs etc.

2. It is an offence to sell a spray paint can to a minor for any purposes other than their employment.

3. An employer or principal can be fined for not taking reasonable precautions to prevent an employee or agent from selling a spray paint can to a minor for any purpose other than their employment.

Retailer employees who sell spray paint cans to minors also have an obligation under the law. They risk receiving an on-the spot fine of $226, a fine of up to $2,268, or even prosecution, if they do not comply. Retailers should also ensure that they are aware of proof of age regulations, and that minors purchasing spray paint cans for employment purposes show the authorised personnel either a letter or a statutory declaration from their employer stating that they require spray paint cans for work purposes.

Enforcing sales restriction

Councils are responsible for enforcing the restriction on the sale of spray paint cans. Authorised council officers are responsible for issuing fines and initiating prosecutions.

Retailers Kit

The Victorian Government has distributed a Retailers Kit to all Victorian retailers selling spray paint cans. The kit contains information for owners and staff about the new graffiti laws. The Retailers Kit includes shelf and point-of-sale signage about the sales restriction on spray paint cans, information sheets on new graffiti laws, and further information for employers and employees.

Email ebaney.price@nullretail.org.au or graffiti@nulljustice.vic.gov.au to obtain a copy.