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Stacks/The Law Firm - Media
‘TAGGING’ GRAFFITI VANDALS
11/05/2011
Next Sunday is Graffiti Action Day. It’s a bit like Clean-Up Australia Day but targeting graffiti instead of rubbish (no doubt some would consider it the same thing).
Feelings about graffiti are often mixed. Some see it as a form of artistic expression, to be applauded. Of course, it depends whether the graffiti in question is a pictorial work of art or a rude comment; and on its location.
Some may confess to having left their mark on the back of a public toilet door in former teen days; a quiet rebellion against ‘authority’ or a public demonstration of affection (“X is hot!”). As adults though, coming home to find the wall of your home has been ‘tagged’ is a rude shock. It’s irritating. Invasive. And it costs time and money to clean up. Often yours.
The main legislation targeting graffiti crime in NSW is the Graffiti Control Act. The maximum sentence for damaging or defacing property by way of graffiti is $2,200, or 12 months jail time for re-offenders. And attaching a sign or paper to any premises could land you a $440 fine.
The definition of ‘graffiti implements’ in the Act now includes marker pens, along with spray paint cans and anything else designed to leave a mark that’s not easily wiped away.
If you’re under 18 you’re not allowed to have a spray paint can unless you can prove it’s for a lawful purpose, such as an educational one. And if you’re a retailer you’re not allowed to sell spray paint cans to minors, or display them in your shop unless they’re ‘secured’ (eg. locked in a cabinet). Those offences come with $1,100 fines.
Courts can opt to give graffiti vandals ‘community clean up’ orders in place of fines, along with participation in a graffiti prevention program.
One law that might please some people is that councils are allowed to remove graffiti from your house without your permission if the graffiti’s visible to the public, at their expense. (Perhaps not so pleasing if it was your own artistic expression!)
For really serious acts of property damage the Crimes Act prescribes a 5 year jail sentence.
And NSW laws may get even tougher with graffiti firmly scribbled on the new government’s agenda. It wants to give courts the power to suspend offenders’ drivers licenses or extend the time they have to stay on their ‘L’s or ‘P’s. And make it a requirement that junior graffiti vandals have to physically front up to court instead of just getting a warning; receiving license-related penalties or clean-up orders.
There are also plans to set up a hotline for reporting graffiti and having it removed.
Time will tell whether the state government’s proposals make their intended ‘mark’.
