GRAFFITI

A person must not sell a can of spray paint to a minor.

A person selling cans of spray paint from retail premises must ensure that cans are kept in a securely locked cabinet, such that members of the public are not able to gain access to the cans without assistance.

A person who marks graffiti is guilty of an offence.

A person who aids, abets, counsels or procure the commission of an offence of marking graffiti is liable to be prosecuted and punished as a principal offender.

A court finding a person guilty of an offence of marking graffiti must—

if the court is satisfied that it will be reasonably practicable for the person to take action, under the supervision of an appropriate authority, to remove or obliterate the graffiti—order that the person take that action and, in doing so, comply with all reasonable directions of the appropriate authority; or
in any other case—order that the person pay to the owner or occupier of the property in relation to which the offence was committed such compensation as the court thinks fit.

A person who carries a graffiti implement with the intention of using it to mark graffiti; or carries a graffiti implement without lawful excuse in a public place or a place on which the person is trespassing or has entered without invitation,is guilty of an offence.