{"id":"graffiti-control-act-2001","name":"Graffiti Control Act 2001","slug":"graffiti-control-act-2001","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":63151,"registerId":"sa-graffiti-control-act-2001-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Graffiti Control Act 2001","content":"South Australia\nGraffiti Control Act 2001\nAn Act to introduce measures for the minimisation of graffiti; to punish people responsible for graffiti; to provide for the removal of graffiti; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\n3A\tExtra‑territorial operation\nPart 2—Sale and supply of graffiti implements\n4\tGraffiti implements to be secured\n5\tSale or supply of graffiti implements to minors\n6\tNotice to be displayed\n6A\tAdvertising graffiti implements for sale\n7\tAppointment and powers of authorised persons\nPart 3—Graffiti offences\n8\tApplication of Part\n9\tMarking graffiti\n10\tCarrying graffiti implement\n10A\tCourt may make orders in relation to driver's licences\n10B\tDuty to produce driver's licence at court\n10C\tSeizure of prescribed graffiti implement\n11\tProof of lawful authority or excuse\nPart 4—Council powers in relation to graffiti\n12\tCouncil may remove or obliterate graffiti\nPart 5—Miscellaneous\n13\tRegulations\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Graffiti Control Act 2001.\n3—Interpretation\nIn this Act—\nauthorised person means a person appointed by a council in accordance with section 7 or a police officer;\ncarry includes to have about one's person;\ncouncil means a council within the meaning of the Local Government Act 1999;\ndriver's licence means a licence under the Motor Vehicles Act 1959 and includes a learner's permit;\ngraffiti implement means—\n\t(a)\ta can of spray paint, other than a can containing paint that—\n\t(i)\tdoes not contain a pigment; and\n\t(ii)\tis transparent when sprayed onto a surface; or\n\t(b)\tan implement of a kind prescribed by the regulations;\nmark graffiti includes deface property in any way;\nminor means a person under the age of 18 years;\nprivate property means property other than property of the Crown or an agency or instrumentality of the Crown;\nproperty includes a building, structure, road, paved surface or object of any kind;\npublic place means a place (including a place on private land) to which the public has access;\nsell includes offer for sale.\n3A—Extra‑territorial operation\nIt is the intention of the Parliament that this Act apply within the State and outside the State to the full extent of the extra‑territorial legislative capacity of the Parliament.\nPart 2—Sale and supply of graffiti implements\n4—Graffiti implements to be secured\n\t(1)\tA person selling graffiti implements from premises by retail must ensure that any such implements stored in a part of the premises to which members of the public are permitted access are kept—\n\t(a)\tin a securely locked cabinet; or\n\t(b)\tin a manner prescribed by regulation,\nsuch that members of the public are not able to gain access to the implements without the assistance of the person or an agent or employee of the person.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n\t(2)\tHowever, subsection (1) does not apply in relation to the sale of graffiti implements of a type prescribed by regulation.\n5—Sale or supply of graffiti implements to minors\n\t(1)\tA person must not sell a graffiti implement to a minor.\nMaximum penalty: $5 000.\n\t(2)\tA person must not supply to a minor a graffiti implement of a class prescribed for the purposes of this subsection.\nMaximum penalty: $2 500.\n\t(3)\tIt is a defence to a charge of an offence against subsection (1) or (2) to prove that—\n\t(a)\tthe defendant, or a person acting on behalf of the defendant, required the minor to produce evidence of age; and\n\t(b)\tthe minor made a false statement, or produced false evidence, in response to that requirement; and\n\t(c)\tin consequence the defendant reasonably assumed that, at the time of the sale, the minor was of or over the age of 18 years.\n\t(4)\tIt is a defence to a charge of an offence against subsection (2) to prove that the defendant believed on reasonable grounds that the minor intended to use the graffiti implement for a lawful purpose.\n\t(5)\tIn this section—\nlawful purpose means—\n\t(a)\tthe lawful pursuit of an occupation, education or training; or\n\t(b)\tany artistic activity that does not constitute an offence against this or any other Act; or\n\t(c)\tany construction, renovation, restoration or maintenance activity that does not constitute an offence against this or any other Act; or\n\t(d)\tany other purpose prescribed by regulation.\n6—Notice to be displayed\n\t(1)\tA notice that complies with the requirements prescribed by the regulations must be displayed in a prominent position in premises from which graffiti implements are sold.\n\t(3)\tA person selling graffiti implements from premises must ensure that the requirements of this section are complied with.\nMaximum penalty: $750.\nExpiation fee: $105.\n6A—Advertising graffiti implements for sale\nA person who advertises a graffiti implement for sale in a way that is likely to encourage or promote unlawful graffiti is guilty of an offence.\nMaximum penalty: $5 000.\n7—Appointment and powers of authorised persons\n\t(1)\tA council may appoint a person under section 260 of the Local Government Act 1999 as an authorised person for the purposes of the enforcement of this Part or provisions of this Part specified in the instrument of appointment.\n\t(2)\tSubject to any conditions specified in the instrument of appointment, an authorised person may, as reasonably required for the purposes of enforcing a provision of this Part that the person is authorised to enforce, enter and remain in any premises from which the authorised person reasonably believes graffiti implements are being or have been sold.\n\t(3)\tAn authorised person who enters premises under this section may—\n\t(a)\tinvestigate whether the provisions of this Part that the person is authorised to enforce are being or have been complied with;\n\t(b)\ttake photographs or make films or other recordings in the place.\n\t(4)\tAn authorised person may only exercise powers under this section in relation to premises during the usual business hours of the premises.\n\t(5)\tAn authorised person must, on demand by a person affected by an exercise or proposed exercise of a power under this section, produce, for inspection by that person—\n\t(a)\tif the authorised person is a police officer not in uniform—his or her warrant card; and\n\t(b)\tin any other case—the identity card issued to the authorised person under the Local Government Act 1999.\n\t(6)\tA person must not—\n\t(a)\twithout reasonable excuse, hinder or obstruct an authorised person in the exercise of powers under this section; or\n\t(b)\tuse abusive, threatening or insulting language to an authorised person.\nMaximum penalty: $5 000.\n\t(7)\tAn authorised person must not—\n\t(a)\taddress offensive language to any other person; or\n\t(b)\twithout lawful authority, hinder or obstruct or use or threaten to use force in relation to any other person.\nMaximum penalty: $5 000.\nPart 3—Graffiti offences\n8—Application of Part\nThis Part does not apply to the marking of graffiti with lawful authority.\n9—Marking graffiti\n\t(1)\tA person who marks graffiti is guilty of an offence.\nMaximum penalty: $5 000 or imprisonment for 12 months.\n\t(1a)\tA person who marks graffiti—\n\t(a)\twithin a cemetery; or\n\t(b)\ton or within a public memorial; or\n\t(c)\ton or within a place of public worship or religious practice,\nis guilty of an offence.\nMaximum penalty: $7 500 or 18 months imprisonment.\n\t(2)\tA person who aids, abets, counsels or procures the commission of an offence against subsection (1) is liable to be prosecuted and punished as a principal offender.\n\t(3)\tA court finding a person guilty of a prescribed graffiti offence must—\n\t(a)\tif the court is satisfied that a suitable program exists for the removal or obliteration, under the supervision of an appropriate authority, of graffiti on any property and that it will be reasonably practicable for the person to participate in that program—order that the person participate in that program (and, in doing so, comply with all reasonable directions of the appropriate authority); or\n\t(b)\tin any other case—order that the person pay such compensation as the court thinks fit to the owner or occupier of the property in relation to which the offence was committed.\n\t(3a)\tA court finding a person guilty of a prescribed graffiti offence may, in addition to making an order under subsection (3), in relation to an offence where the damage consists of—\n\t(a)\tgraffiti that is visible from a public place; or\n\t(b)\tgraffiti on public property,\norder that the person pay to any person who has removed or obliterated the graffiti, or caused the graffiti to be removed or obliterated, a reasonable amount for the removal or obliteration.\n\t(4)\tAn order under subsection (3)(a) may be enforced as if it were an order requiring the performance of community service (and in any enforcement proceedings the court may exercise any power that it could exercise in relation to an order requiring the performance of community service).\n\t(5)\tIn this section—\nappropriate authority means a State or local government authority;\nprescribed graffiti offence means—\n\t(a)\tan offence against this section; or\n\t(b)\tan offence against section 85 of the Criminal Law Consolidation Act 1935 where the conduct constituting the offence consists of, or includes, the marking of graffiti;\npublic memorial means a statue, structure or other property which is situated in a public place in honour, or in the memory, of a person or class of persons (whether alive or deceased);\npublic property means property owned by, vested in, or under the control or management of—\n\t(a)\tthe Crown, or an agent or instrumentality of the Crown; or\n\t(b)\ta body corporate established by an Act; or\n\t(c)\ta council within the meaning of the Local Government Act 1999.\n10—Carrying graffiti implement\n\t(1)\tA person who—\n\t(a)\tcarries an implement with the intention of using it to mark graffiti; or\n\t(b)\tcarries a graffiti implement of a class prescribed for the purposes of this paragraph without lawful excuse in a public place or a place on which the person is trespassing or has entered without invitation,\nis guilty of an offence.\nMaximum penalty: $5 000 or imprisonment for 12 months.\n10A—Court may make orders in relation to driver's licences\n\t(1)\tA court finding a person guilty of a prescribed graffiti offence that is not a first offence may, in addition to making any other order under this Part, order that the person be disqualified from holding or obtaining a driver's licence for a period (of whole months only) being not less than 1 month but not exceeding 6 months.\n\t(2)\tThe disqualification prescribed by subsection (1) cannot be reduced or mitigated in any way or be substituted by any other penalty or sentence.\n\t(3)\tIn determining whether an offence is a first offence for the purposes of subsection (1), any previous offence against—\n\t(a)\tthis Part; or\n\t(b)\tsection 85 of the Criminal Law Consolidation Act 1935 where the conduct constituting the offence consists of, or includes, the marking of graffiti,\nfor which the defendant has been convicted will be taken into account whether or not the offence is committed before or after the commencement of this section.\n\t(4)\tIn this section—\nprescribed graffiti offence means—\n\t(a)\tany offence against this Part; or\n\t(b)\tan offence against section 85 of the Criminal Law Consolidation Act 1935 where the conduct constituting the offence consists of, or includes, the marking of graffiti.\n10B—Duty to produce driver's licence at court\n\t(1)\tA person who holds a driver's licence and is charged with a prescribed graffiti offence that is not a first offence, must, if so required by the court, a police officer or the Registrar, produce his or her driver's licence to the court at the time of the hearing of the charge.\nMaximum penalty: $1 250.\n\t(2)\tIt is a defence to a charge under this section to prove that the defendant had a reasonable excuse for not producing the driver's licence.\n\t(3)\tIn determining whether an offence is a first offence for the purposes of subsection (1), any previous offence against—\n\t(a)\tthis Part; or\n\t(b)\tsection 85 of the Criminal Law Consolidation Act 1935 where the conduct constituting the offence consists of, or includes, the marking of graffiti,\nfor which the defendant has been convicted will be taken into account whether or not the offence is committed before or after the commencement of this section.\n\t(4)\tIn this section—\nprescribed graffiti offence means—\n\t(a)\tany offence against this Part; or\n\t(b)\tan offence against section 85 of the Criminal Law Consolidation Act 1935 where the conduct constituting the offence consists of, or includes, the marking of graffiti.\n10C—Seizure of prescribed graffiti implement\n\t(1)\tA police officer may seize a graffiti implement of a class prescribed for the purposes of this section that is in the possession of a person in a public place, if the police officer suspects on reasonable grounds that the implement has been or may be used in contravention of this Act.\n\t(2)\tA graffiti implement may be seized from a person under this section whether or not the person has been or is to be charged with an offence under this Act.\n\t(3)\tThe regulations may set out procedures relating to—\n\t(a)\tthe seizure of a graffiti implement; and\n\t(b)\tthe circumstances in which such a graffiti implement may be—\n\t(i)\treturned to any person; or\n\t(ii)\tforfeited to the Crown.\n11—Proof of lawful authority or excuse\nWhere this Part provides that an act done without lawful authority or lawful excuse constitutes an offence, the onus, in proceedings for such an offence, lies on the defendant to prove lawful authority or lawful excuse.\nPart 4—Council powers in relation to graffiti\n12—Council may remove or obliterate graffiti\n\t(1)\tA council may enter private property and take any action necessary to remove or obliterate graffiti on the property that is visible from a public place if—\n\t(a)\ta notice under this section was served on the owner or occupier of the property at least ten days prior to the action being taken; and\n\t(b)\tthe owner or occupier on whom the notice was served has not objected, in accordance with the notice, to the action being taken.\n\t(2)\tA notice served on an owner or occupier under this section must—\n\t(a)\tbe in writing; and\n\t(b)\tgive particulars of the action proposed to be taken by the council; and\n\t(c)\tspecify the day on which the council proposes to take the action; and\n\t(d)\tadvise the owner or occupier that—\n\t(i)\tthe owner or occupier may, prior to the specified day, object to the proposed action by notifying the council, or a specified agent of the council, in a manner specified in the notice; and\n\t(ii)\tif such an objection is made, the council will not take the proposed action.\n\t(3)\tIn taking action to remove or obliterate graffiti under this section, a council must—\n\t(a)\ttake reasonable steps to consult with the owner or occupier of the property in relation to the manner in which the action is to be taken; and\n\t(b)\tensure, as far as is practicable, that the work is carried out—\n\t(i)\texpeditiously and in such a way as to avoid unnecessary inconvenience or disruption to the owner or occupier of the property; and\n\t(ii)\twith reasonable care and to a reasonable standard.\n\t(4)\tAction to be taken by a council under this section may be taken on the council's behalf by an employee of the council or by another person authorised by the council for the purpose.\n\t(5)\tNo civil liability attaches to a council, an employee of a council, or a person acting under the authority of a council, for anything done by the council, employee, or person under this section.\n\t(6)\tNothing in this section imposes a duty on a council to remove or obliterate graffiti.\n\t(7)\tThis section—\n\t(a)\tdoes not derogate from a council's powers under Chapter 12 Part 2 of the Local Government Act 1999 or any other power of a council under that Act; and\n\t(b)\tis not to be taken to prevent or discourage a council from entering into agreements for the removal or obliteration of graffiti (whether for a fee or otherwise).\nPart 5—Miscellaneous\n13—Regulations\n\t(1)\tThe Governor may make regulations that are contemplated by, or are necessary or expedient for the purposes of, this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(a)\trequire persons selling graffiti implements or specified classes of graffiti implements to comply with a code of conduct or practice;\n\t(b)\timpose a penalty (not exceeding a fine of $1 250) for contravention of, or non-compliance with, a regulation.\n\t(3)\tRegulations under this Act—\n\t(a)\tmay be of general application or limited application;\n\t(b)\tmay make different provision according to the matters or circumstances to which they are expressed to apply;\n\t(c)\tmay provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister.\n\t(4)\tThe regulations may operate by reference to a specified code as in force at a specified time or as in force from time to time.\n\t(5)\tIf a code is referred to in the regulations—\n\t(a)\ta copy of the code must be kept available for inspection by members of the public, without charge and during normal office hours, at an office determined by the Minister; and\n\t(b)\tevidence of the contents of the code may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation amended by principal Act\nThe Graffiti Control Act 2001 amended the following:\nSummary Offences Act 1953\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n2001\n46\n Graffiti Control Act 2001\n11.10.2001\n1.2.2002 except s 4—1.4.2002 (Gazette 15.1.2002 p184)\n2013\n1\n Graffiti Control (Miscellaneous) Amendment Act 2013\n14.2.2013\n3.8.2013 (Gazette 4.7.2013 p2969)\n2013\n11\n Statutes Amendment (Attorney-General's Portfolio) Act 2013\n18.4.2013\nPt 7 (s 15)—3.8.2013 immediately after 1/2013 s 4 (Gazette 6.6.2013 p2498)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n\ns 3\n\n\ndriver's licence\ninserted by 1/2013 s 4(1)\n3.8.2013\ngraffiti implement\nsubstituted by 1/2013 s 4(2)\n3.8.2013\ns 3A\ninserted by 1/2013 s 5\n3.8.2013\nPt 2\n\n\nheading\nsubstituted by 1/2013 s 6\n3.8.2013\ns 4\n\n\ns 4(1)\namended by 1/2013 s 7(1)—(4)\n3.8.2013\ns 4(2)\namended by 1/2013 s 7(5)\n3.8.2013\ns 5\nsubstituted by 1/2013 s 8\n3.8.2013\ns 6\n\n\ns 6(1)\nsubstituted by 1/2013 s 9(1)\n3.8.2013\ns 6(2)\ndeleted by 1/2013 s 9(1)\n3.8.2013\ns 6(3)\namended by 1/2013 s 9(2)\n3.8.2013\ns 6A\ninserted by 1/2013 s 10\n3.8.2013\ns 7\n\n\ns 7(2)\namended by 11/2013 s 15(1)\n3.8.2013\ns 7(5)\nsubstituted by 11/2013 s 15(2)\n3.8.2013\nPt 3\n\n\ns 9\n\n\ns 9(1)\namended by 1/2013 s 11(1)\n3.8.2013\ns 9(1a)\ninserted by 1/2013 s 11(2)\n3.8.2013\ns 9(3)\nsubstituted by 1/2013 s 11(3)\n3.8.2013\ns 9(3a)\ninserted by 1/2013 s 11(3)\n3.8.2013\ns 9(5)\n\n\nprescribed graffiti offence\ninserted by 1/2013 s 11(4)\n3.8.2013\npublic memorial\ninserted by 1/2013 s 11(4)\n3.8.2013\npublic property\ninserted by 1/2013 s 11(4)\n3.8.2013\ns 10\n\n\ns 10(1)\namended by 1/2013 s 12(1)—(3)\n3.8.2013\ns 10(2)\ndeleted by 1/2013 s 12(4)\n3.8.2013\nss 10A—10C\ninserted by 1/2013 s 13\n3.8.2013\nPt 5\n\n\ns 14\nomitted under Legislation Revision and Publication Act 2002\n\nSch\nomitted under Legislation Revision and Publication Act 2002\n\nTransitional etc provisions associated with Act or amendments\nGraffiti Control (Miscellaneous) Amendment Act 2013\n14—Review by Legislative Review Committee\nAs soon as practicable after the expiration of 3 years from the commencement of this Act, the Legislative Review Committee must inquire into, consider and report to the Parliament on the operation and impact of this Act, including the effectiveness of sections 10A and 10B of the Graffiti Control Act 2001 (as enacted by this Act) in reducing offending for prescribed graffiti offences (within the meaning of those sections).","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 2001 Act focused primarily on retail controls and basic graffiti offences. The 2013 amendments significantly expanded scope by: (1) adding driver's licence sanctions for repeat offenders (sections 10A-10B) – a punitive measure unrelated to the original retail/ cleanup focus; (2) creating aggravated offences for cemeteries and memorials with higher penalties; (3) adding seizure powers for police (section 10C); and (4) introducing advertising restrictions (section 6A). The Act has evolved from a 'graffiti control' measure into a broader criminal justice tool incorporating traffic law sanctions."},"complexity_factors":["Multiple cross-references to other Acts (Local Government Act 1999, Motor Vehicles Act 1959, Criminal Law Consolidation Act 1935)","Nested definitions: 'graffiti implement' excludes transparent pigment-free paint; 'lawful purpose' has four sub-categories with a catch-all regulation power","Conditional logic in defences: section 5 has two separate defences with different elements (false ID defence vs lawful purpose belief)","Reverse onus provision in section 11 requiring defendants to prove lawful authority/excuse","Complex sentencing provisions with mandatory orders (section 9(3)) plus discretionary additional orders (section 9(3a))","Driver's licence disqualification scheme (sections 10A-10B) with 'first offence' calculation rules looking back to convictions before the section commenced","Extraterritorial operation clause (section 3A) asserting broad jurisdictional reach","Delegated legislative powers allowing regulations to prescribe: classes of implements, exempt sales, codes of conduct, and seizure procedures"],"plain_english_summary":"**What this law does:**\n\nThis is South Australia's main law targeting graffiti. It creates a multi-pronged approach: regulating who can buy spray paint and other graffiti tools, punishing people who create graffiti, and giving local councils power to clean it up.\n\n**Who it affects:**\n\n- **Retailers** – shops selling spray paint must lock it up, check IDs for under-18s, and display warning notices\n- **Young people** – it's illegal to sell graffiti tools to minors (under 18), with limited exceptions for lawful purposes like art classes or legitimate work\n- **Property owners** – councils can enter private property to remove visible graffiti (with 10 days notice)\n- **Offenders** – people caught marking graffiti face fines up to $7,500 or 18 months jail for serious cases (cemeteries, memorials, places of worship), plus mandatory community service or compensation orders. Repeat offenders can also lose their driver's licence for 1–6 months.\n\n**Key features:**\n\n- **Graffiti implements** mainly means spray paint cans (but excludes clear, pigment-free sprays)\n- **Authorised persons** (council officers or police) can inspect shops and seize suspected graffiti tools\n- **Driver's licence sanctions** – unusual feature where courts can suspend licences for graffiti repeat offenders\n- **Reverse onus** – if charged with carrying graffiti tools, the accused must prove they had a lawful excuse (the prosecution doesn't have to prove they didn't)\n\n**Why it matters:**\n\nThis law treats graffiti as both a retail regulation problem (controlling access to tools) and a criminal justice issue. The driver's licence disqualification for repeat offenders is a notable \"carrot and stick\" approach aimed at young offenders. The law also balances council cleanup powers with property owner rights through the 10-day notice requirement."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on general knowledge, the Act has remained broadly consistent with its original intent — controlling graffiti through criminal penalties, retail restrictions, and police powers. It has not dramatically expanded into unrelated areas, though minor amendments over the years may have adjusted penalties or enforcement mechanisms. A definitive assessment is not possible without access to the current consolidated text."},"complexity_factors":["The Act is relatively narrow and targeted in scope — focused on a single antisocial behaviour","Penalties involve a tiered structure (expiation notices vs court penalties) which adds some complexity","Restrictions on retail sales of spray paint introduce a secondary regulatory regime","Full text was unavailable for analysis, meaning complexity cannot be precisely confirmed","Amendments since 2001 may have added provisions not reflected in the original Act"],"plain_english_summary":"The Graffiti Control Act 2001 (SA) aims to prevent and penalise unauthorised writing, drawing or marking on others’ property by creating offences, penalties and powers to remove or require remediation of graffiti. \n\nIt affects anyone who tags property, property owners, retailers selling spray paint (with restrictions on sales to minors), and parents/guardians of young offenders — and matters because it empowers enforcement, fines and seizure to deter vandalism and protect public and private property."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's scope has been expanded since enactment by subsequent amendments that broadened definitions and enforcement tools. Notable additions include extra‑territorial application (s 3A), an offence for advertising likely to promote unlawful graffiti (s 6A), police seizure powers for prescribed implements (s 10C), court power to disqualify drivers' licences for repeat prescribed graffiti offences (s 10A) and duties to produce licences (s 10B), expanded authorised‑person inspection powers (s 7), and explicit council power to enter private property after notice to remove graffiti (s 12). Amendments also introduced higher penalties for graffiti at sensitive sites (s 9(1a)) and broadened regulatory discretion (s 13)."},"complexity_factors":["Multiple overlapping criminal offences with varied maximum penalties and possible imprisonment (see ss 9, 10).","Regulatory discretion to prescribe kinds of 'graffiti implements' and classes of conduct, producing regulatory complexity (ss 3 definition, 4(2), 13).","Enforcement powers for authorised council officers to enter retail premises during business hours and take recordings (s 7), including identity‑card requirements and offences for obstruction (s 7(2)–(6)).","Police seizure power over prescribed implements in public places with procedural regulation delegated to subordinate instruments (s 10C and s 13(3)).","Courts may order participation in removal programs, compensation, payment for removal, and in non‑first offences disqualify drivers’ licences—some orders are mandatory and not reducible (ss 9(3)–(4), 9(3a), 10A).","Shifted evidential onus placing responsibility on defendant to prove lawful authority or excuse (s 11), affecting defence strategy.","Council statutory power to enter private property after prescribed notice and remove graffiti, coupled with no civil liability but no duty to act (s 12(1)–(6)).","Cross‑references and interactions with other Acts increase legal interdependence (Local Government Act 1999, Motor Vehicles Act 1959, Criminal Law Consolidation Act 1935) (see definitions and prescribed offence references).","Extra‑territorial application intention and offence classifications for sensitive sites increase legal reach and grading of offences (s 3A; s 9(1a)).","Penalties, expiation fees and code‑of‑conduct regulation for sellers create administrative compliance burdens and potential variability across regulations (ss 4, 6, 13)."],"plain_english_summary":"This Act makes marking graffiti and carrying implements with intent criminal offences, regulates sale, storage, advertising and supply (including to minors), authorises police and council officers to seize implements and inspect retail premises, lets councils enter private property (after notice) to remove graffiti, and gives courts power to order community‑programs, compensation or driver's‑licence disqualification. The stated purpose is to minimise graffiti; economically, costs and compliance fall on sellers (storage, notices), alleged offenders (penalties, licence loss), councils (removal) and enforcement agencies."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/graffiti-control-act-2001","history":"/api/acts/graffiti-control-act-2001/history","analysis":"/api/acts/graffiti-control-act-2001/analysis","conflicts":"/api/acts/graffiti-control-act-2001/conflicts","importantCases":"/api/acts/graffiti-control-act-2001/important-cases","documents":"/api/acts/graffiti-control-act-2001/documents"}}