{"id":"nsw:act-2008-100","name":"Graffiti Control Act 2008","slug":"graffiti-control-act-2008","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"100 of 2008","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":70086,"registerId":"nsw-act-2008-100-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Graffiti Control Act 2008](/view/html/inforce/current/act-2008-100).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act—\n> > \n> > exercise a function includes perform a duty.\n> > \n> > function includes a power, authority or duty.\n> > \n> > graffiti implement means any of the following—\n> > \n> > > (a) spray paint,\n> > \n> > > (b) a marker pen,\n> > \n> > > (c) any implement designed or modified to produce a mark that is not readily removable by wiping or by use of water or detergent.\n> > \n> > premises includes the whole or any part of a structure, building, vehicle, vessel or place, whether built on or not.\n> > \n> > property includes a tree.\n> > \n> > spray can includes anything that is made or adapted for use for emitting a liquid or substance and that operates by means of air, gas or vapour pressure.\n> > \n> > spray paint includes any liquid or other substance that is designed to stain, mark or corrode and to be applied from a spray can, and includes the spray can.\n> > \n> > spray paint can means a spray can that contains spray paint.\n> > \n> > vehicle includes—\n> > \n> > > (a) a motor vehicle (whether or not still capable of being driven), and\n> > \n> > > (b) a train or other vehicle used on a railway or monorail, and\n> > \n> > > (c) a trailer or anything else constructed to be drawn by a vehicle or animal.\n> > \n> > Note.\n> > \n> > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.\n> \n> > (2) Notes included in this Act do not form part of this Act.\n> \n> **s 3:** Am 2009 No 94, Sch 1 \\[1\\].","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Graffiti related offences","content":"# Part 2 Graffiti related offences\n\nPart 2 Graffiti related offences","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Marking premises or property","content":"#### 4 Marking premises or property\n\n4 Marking premises or property\n\n> > (1) A person must not, without reasonable excuse (proof of which lies on the person), intentionally mark any premises or other property, unless the person has first obtained the consent of the following—\n> > \n> > > (a) in relation to premises that are occupied—the occupier or person in charge of the premises,\n> > \n> > > (b) in relation to premises that are unoccupied or other property—the owner or person in charge of the premises or property.\n> > \n> > Maximum penalty—4 penalty units.\n> \n> > (2) A person is guilty of an offence under this subsection if the person commits an offence under subsection (1) in circumstances of aggravation.\n> > \n> > Maximum penalty—20 penalty units or imprisonment for 12 months.\n> \n> > (3) (Repealed)\n> \n> > (4) A court that convicts a person of an offence under subsection (2) must not sentence the person to imprisonment unless the person has previously been convicted of an offence under this section or section 5 (or under section 10A or 10B of the [Summary Offences Act 1988](/view/html/inforce/current/act-1988-025) as in force before their repeal by this Act) on so many occasions that the court is satisfied that the person is a serious and persistent offender and is likely to commit such an offence again.\n> \n> > (5) Subsection (1) does not apply to the marking of any public footpath or public pavement with chalk, including, but not limited to, marking out a hopscotch or handball court with chalk.\n> \n> > (6) In this section—\n> > \n> > circumstances of aggravation means circumstances involving 1 or more of the following—\n> > \n> > > (a) the person intentionally marks the premises or other property by means of a graffiti implement,\n> > \n> > > (b) the person marks the premises or other property in a way that the mark is not readily removable by—\n> > > \n> > > > (i) wiping, or\n> > > \n> > > > (ii) the use of water or detergent,\n> > \n> > > (c) the premises or other property is a place of worship.\n> > \n> > place of worship has the same meaning as in the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), section 214B.\n> \n> **s 4:** Am 2009 No 94, Sch 1 \\[2\\]. Subst 2014 No 11, Sch 1 \\[1\\]. Am 2025 No 11, Sch 3\\[1\\] \\[2\\].","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Possession of graffiti implement","content":"#### 5 Possession of graffiti implement\n\n5 Possession of graffiti implement\n\n> > (1) A person must not have any graffiti implement in the person’s possession with the intention that it be used to commit an offence under section 4 (2).\n> > \n> > Maximum penalty—10 penalty units or imprisonment for 6 months.\n> \n> > (2) A court that convicts a person of an offence under this section must not sentence the person to imprisonment unless the person has previously been convicted of an offence under this section or section 4 (2) (or under section 10A or 10B of the [Summary Offences Act 1988](/view/html/inforce/current/act-1988-025) as in force before their repeal by this Act) on so many occasions that the court is satisfied that the person is a serious and persistent offender and is likely to commit such an offence again.\n> \n> > (3) If a person is convicted of an offence under this section, the court may, in addition to any other penalty it may impose, make an order that the graffiti implement be forfeited to the Crown, and the graffiti implement is forfeited accordingly.\n> \n> **s 5:** Am 2009 No 94, Sch 1 \\[3\\]; 2014 No 11, Sch 1 \\[2\\] \\[3\\].","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Posting bills","content":"#### 6 Posting bills\n\n6 Posting bills\n\n> A person must not intentionally affix a placard or paper on any premises so that the placard or paper is within view from a public place, unless the person has first obtained the consent of the following—\n> \n> > (a) if the premises are occupied—the occupier or person in charge of the premises,\n> \n> > (b) if the premises are unoccupied—the owner or person in charge of the premises.\n> \n> Maximum penalty—4 penalty units.\n> \n> **s 6:** Subst 2014 No 11, Sch 1 \\[4\\].","sortOrder":7},{"sectionNumber":"Part 3","sectionType":"part","heading":"Sale, supply, possession and confiscation of spray paint cans","content":"# Part 3 Sale, supply, possession and confiscation of spray paint cans\n\nPart 3 Sale, supply, possession and confiscation of spray paint cans\n\n**pt 3, hdg:** Am 2009 No 94, Sch 1 \\[4\\].","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Sale of spray paint cans to persons under 18","content":"#### 7 Sale of spray paint cans to persons under 18\n\n7 Sale of spray paint cans to persons under 18\n\n> > (1) A person who sells a spray paint can to a person under the age of 18 years is guilty of an offence.\n> > \n> > Maximum penalty—10 penalty units.\n> \n> > (2) It is a defence (proof of which lies on the person selling the spray paint can) to a prosecution for an offence under this section that the person selling the spray paint can believed on reasonable grounds that the person to whom the spray paint can was sold was of or above the age of 18 years.\n> \n> > (3) If an employee contravenes subsection (1), the employer is taken to have contravened that subsection, whether or not the employee contravened the provision without the employer’s authority or contrary to the employer’s orders or instructions.\n> \n> > (4) It is a defence to a prosecution against an employer for such a contravention if it is proved—\n> > \n> > > (a) that the employer had no knowledge of the contravention, and\n> > \n> > > (b) that the employer could not, by the exercise of due diligence, have prevented the contravention.\n> \n> > (5) An employer may be proceeded against and convicted under subsection (1) by virtue of subsection (3) whether or not the employee has been proceeded against or convicted under subsection (1).\n> \n> > (6) The regulations may provide that this section does not apply to or in relation to any specified class or description of spray paint can.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Unsecured display by retailers of spray paint cans","content":"#### 8 Unsecured display by retailers of spray paint cans\n\n8 Unsecured display by retailers of spray paint cans\n\n> > (1) The occupier of any shop from which spray paint cans are sold must not display any such can in any part of the shop to which members of the public are permitted access unless the can is properly secured in accordance with subsection (2).\n> > \n> > Maximum penalty—10 penalty units.\n> \n> > (2) A spray paint can is properly secured if it is displayed—\n> > \n> > > (a) in a locked cabinet, or\n> > \n> > > (b) within or behind a counter in such a manner that members of the public are not able to gain access to the can without the assistance of the occupier or an employee or agent of the occupier, or\n> > \n> > > (c) in any other manner prescribed by the regulations.\n> \n> > (3) The regulations may provide that this section does not apply to or in relation to any specified class or description of spray paint can.\n> \n> > (4) The Minister is to review the operation of this section (including the corresponding provision of the [Summary Offences Act 1988](/view/html/inforce/current/act-1988-025) as in force before its repeal by this Act) as soon as possible after the period of 12 months following the date of commencement of this section.\n> > \n> > Note.\n> > \n> > The corresponding provision of the [Summary Offences Act 1988](/view/html/inforce/current/act-1988-025), before its repeal by this Act, was section 10D.\n> \n> > (5) In this section—\n> > \n> > display includes store or keep.\n> > \n> > occupier, in relation to a shop, means—\n> > \n> > > (a) a person who has the right to occupy the shop to the exclusion of the owner, or\n> > \n> > > (b) the person who is the owner of the shop if there is no person with a right to occupy the shop to the exclusion of the owner.\n> > \n> > sell includes offer for sale or expose for sale.\n> > \n> > shop includes any retail premises.","sortOrder":10},{"sectionNumber":"8A","sectionType":"section","heading":"Supply of spray paint cans to persons under 18","content":"#### 8A Supply of spray paint cans to persons under 18\n\n8A Supply of spray paint cans to persons under 18\n\n> > (1) A person who supplies a spray paint can to a person under the age of 18 years is guilty of an offence.\n> > \n> > Maximum penalty—10 penalty units.\n> \n> > (2) It is a defence (proof of which lies on the person supplying the spray paint can) to a prosecution for an offence under this section that—\n> > \n> > > (a) the person believed on reasonable grounds that the recipient intended to use the spray paint can for a defined lawful purpose, being the lawful pursuit of an occupation, education or training, or\n> > \n> > > (b) the supply occurred in a public place and the person believed on reasonable grounds that the recipient intended to use the spray paint can at or in the immediate vicinity of the place where the supply occurred for another defined lawful purpose, or\n> > \n> > > (c) the supply occurred in a private place and the person believed on reasonable grounds that the recipient intended to use the spray paint can at or in the immediate vicinity of the place where the supply occurred for an activity that does not constitute an offence against this Act or any other law.\n> \n> > (3) In this section, a defined lawful purpose is—\n> > \n> > > (a) the lawful pursuit of an occupation, education or training, or\n> > \n> > > (b) any artistic activity that does not constitute an offence against this Act or any other law, or\n> > \n> > > (c) any construction, renovation, restoration or maintenance activity that does not constitute an offence against this Act or any other law, or\n> > \n> > > (d) any other purpose authorised by the regulations.\n> \n> > (4) The regulations may provide that this section does not apply to or in relation to any specified class or description of spray paint can.\n> \n> > (5) In this section—\n> > \n> > private place means any place that is not a public place.\n> > \n> > public place means—\n> > \n> > > (a) a place (whether or not covered by water), or\n> > \n> > > (b) a part of premises,\n> > \n> > that is open to the public, or is used by the public whether or not on payment of money or other consideration, whether or not the place or part is ordinarily so open or used and whether or not the public to whom it is open consists only of a limited class of persons, but does not include the premises of a school or other educational establishment.\n> \n> **s 8A:** Ins 2009 No 94, Sch 1 \\[5\\].","sortOrder":11},{"sectionNumber":"8B","sectionType":"section","heading":"Possession of spray paint cans by persons under 18","content":"#### 8B Possession of spray paint cans by persons under 18\n\n8B Possession of spray paint cans by persons under 18\n\n> > (1) A person under the age of 18 years who is in possession of a spray paint can in a public place is guilty of an offence.\n> > \n> > Maximum penalty—10 penalty units or imprisonment for 6 months.\n> \n> > (2) It is a defence (proof of which lies on the person in possession of the spray paint can) to a prosecution for an offence under this section that the person—\n> > \n> > > (a) had the spray paint can in his or her possession for a defined lawful purpose, being the lawful pursuit of an occupation, education or training, or\n> > \n> > > (b) had the spray paint can in his or her possession for another defined lawful purpose and was at or in the immediate vicinity of the place where the spray paint can was being used or intended to be used for that defined lawful purpose.\n> \n> > (3) In this section, a defined lawful purpose is—\n> > \n> > > (a) the lawful pursuit of an occupation, education or training, or\n> > \n> > > (b) any artistic activity that does not constitute an offence against this Act or any other law, or\n> > \n> > > (c) any construction, renovation, restoration or maintenance activity that does not constitute an offence against this Act or any other law, or\n> > \n> > > (d) any other purpose authorised by the regulations.\n> \n> > (4) The regulations may provide that this section does not apply to or in relation to any specified class or description of spray paint can.\n> \n> > (5) A court that convicts a person of an offence under this section must not sentence the person to imprisonment unless the person has previously been convicted of an offence under this section, or under section 4 (2) or 5 (or under section 10A or 10B of the [Summary Offences Act 1988](/view/html/inforce/current/act-1988-025) as in force before their repeal by this Act), on so many occasions that the court is satisfied that the person is a serious and persistent offender and is likely to commit such an offence again.\n> \n> > (6) In this section—\n> > \n> > public place means—\n> > \n> > > (a) a place (whether or not covered by water), or\n> > \n> > > (b) a part of premises,\n> > \n> > that is open to the public, or is used by the public whether or not on payment of money or other consideration, whether or not the place or part is ordinarily so open or used and whether or not the public to whom it is open consists only of a limited class of persons, but does not include the premises of a school or other educational establishment.\n> \n> **s 8B:** Ins 2009 No 94, Sch 1 \\[5\\]. Am 2014 No 11, Sch 1 \\[5\\] \\[6\\].","sortOrder":12},{"sectionNumber":"9","sectionType":"section","heading":"Confiscation of spray paint cans from minors","content":"#### 9 Confiscation of spray paint cans from minors\n\n9 Confiscation of spray paint cans from minors\n\n> > (1) A police officer may seize a spray paint can in the possession of a person in a public place if the officer suspects on reasonable grounds that the person is under the age of 18 years, unless the person satisfies the officer that the person’s possession of the spray paint can does not constitute an offence under this Act.\n> \n> > (2) A spray paint can may be seized from a person under this section whether or not the person has been or is to be charged with any offence in connection with the person’s possession of the spray paint can.\n> \n> > (3) A spray paint can seized under this section is forfeited to the Crown.\n> \n> > (4) The regulations may make provision for or with respect to—\n> > \n> > > (a) the procedure to be followed as regards the seizure of spray paint cans under this section and the procedure to be followed after their seizure, and\n> > \n> > > (b) without limiting paragraph (a), prescribing the circumstances in which and the procedure by which spray paint cans seized under this section are to be returned and providing for the jurisdiction of a court to order their return.\n> \n> > (5) In this section—\n> > \n> > public place means—\n> > \n> > > (a) a place (whether or not covered by water), or\n> > \n> > > (b) a part of premises,\n> > \n> > that is open to the public, or is used by the public whether or not on payment of money or other consideration, whether or not the place or part is ordinarily so open or used and whether or not the public to whom it is open consists only of a limited class of persons, but does not include the premises of a school or other educational establishment.\n> \n> **s 9:** Am 2009 No 94, Sch 1 \\[6\\].","sortOrder":13},{"sectionNumber":"Part 3A","sectionType":"part","heading":"Community clean up work","content":"# Part 3A Community clean up work\n\nPart 3A Community clean up work\n\n**pt 3A:** Ins 2009 No 94, Sch 1 \\[7\\].","sortOrder":14},{"sectionNumber":"9A","sectionType":"section","heading":"Definitions","content":"#### 9A Definitions\n\n9A Definitions\n\n> In this Part—\n> \n> adult offender means an offender who is not a child offender.\n> \n> assigned officer in respect of a community clean up order means the assigned officer under the [Children (Community Service Orders) Act 1987](/view/html/inforce/current/act-1987-056) or the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093), as the case requires.\n> \n> child offender means an offender in relation to a graffiti offence who—\n> \n> > (a) was under the age of 18 years when the graffiti offence was committed, and\n> \n> > (b) was under the age of 21 years when charged before a court with the graffiti offence.\n> \n> community clean up order means an order under this Part requiring a person to perform community clean up work.\n> \n> community clean up work—see section 9C.\n> \n> fine has the same meaning as in the [Fines Act 1996](/view/html/inforce/current/act-1996-099).\n> \n> graffiti offence means an offence under this Act.\n> \n> offender means a person who has pleaded guilty to a graffiti offence in a court or who has been found guilty of or convicted of a graffiti offence by a court.\n> \n> **s 9A:** Ins 2009 No 94, Sch 1 \\[7\\]. Am 2010 No 135, Sch 13.1.","sortOrder":15},{"sectionNumber":"9B","sectionType":"section","heading":"Making of order for community clean up work","content":"#### 9B Making of order for community clean up work\n\n9B Making of order for community clean up work\n\n> > (1) A court that imposes a fine on an offender for a graffiti offence may make an order requiring the offender to perform community clean up work in order to satisfy the amount of the fine.\n> \n> > (1A) A community clean up order may be made—\n> > \n> > > (a) on the application of the prosecutor or the offender, or\n> > \n> > > (b) on the court’s own motion.\n> \n> > (2) A community clean up order may be made by the court at the time that the fine is imposed or at a later time.\n> \n> > (3) A community clean up order may be made even if part of the fine has been paid (in which case it applies to the part of the fine that remains unpaid).\n> \n> > (4) However, a community clean up order is not to be made in respect of a fine if it has been fully paid or the matter has been referred to the Commissioner of Fines Administration for the making of a court fine enforcement order under the [Fines Act 1996](/view/html/inforce/current/act-1996-099).\n> > \n> > Note.\n> > \n> > A matter can be referred to the Commissioner of Fines Administration for the making of a court fine enforcement order if the fine has not been paid by the due date.\n> \n> > (5) For the avoidance of doubt, an application for a community clean up order may be made—\n> > \n> > > (a) before or at the time the court imposes the fine for the graffiti offence, or\n> > \n> > > (b) at any other time after the fine has been imposed but before the fine has been fully paid or referred to the Commissioner of Fines Administration for the making of a court fine enforcement order under the [Fines Act 1996](/view/html/inforce/current/act-1996-099).\n> \n> **s 9B:** Ins 2009 No 94, Sch 1 \\[7\\]. Am 2013 No 82, Sch 2.10; 2014 No 11, Sch 1 \\[7\\] \\[8\\]; 2017 No 63, Sch 4.20 \\[1\\].","sortOrder":16},{"sectionNumber":"9C","sectionType":"section","heading":"Community clean up work—meaning","content":"#### 9C Community clean up work—meaning\n\n9C Community clean up work—meaning\n\n> > (1) In this Part, community clean up work means any community service work under the [Children (Community Service Orders) Act 1987](/view/html/inforce/current/act-1987-056) or the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093) that is approved by the relevant Minister as community clean up work for the purposes of this Act.\n> \n> > (2) The relevant Minister is—\n> > \n> > > (a) in the case of a community clean up order made in respect of a child offender, the Minister administering the [Children (Community Service Orders) Act 1987](/view/html/inforce/current/act-1987-056), or\n> > \n> > > (b) in the case of a community clean up order made in respect of an adult offender, the Minister administering the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093).\n> \n> **ss 9C–9F:** Ins 2009 No 94, Sch 1 \\[7\\].","sortOrder":17},{"sectionNumber":"9D","sectionType":"section","heading":"Order to be made only if offender suitable and community clean up work available","content":"#### 9D Order to be made only if offender suitable and community clean up work available\n\n9D Order to be made only if offender suitable and community clean up work available\n\n> > (1) A court must not make a community clean up order unless satisfied, following consultation with an authorised officer, that—\n> > \n> > > (a) the offender is a suitable person for community clean up work and, in the case of a child offender, is sufficiently mature to perform community clean up work, and\n> > \n> > > (b) arrangements exist for persons who reside in the area in which the offender resides or intends to reside for the offender to perform community clean up work, and\n> > \n> > > (c) community clean up work can be provided in accordance with those arrangements.\n> \n> > (2) In deciding whether to make a community clean up order, the court must have regard to whether the offender is willing to participate in community clean up work.\n> \n> > (3) For the purposes of this section, an authorised officer means—\n> > \n> > > (a) in respect of an adult offender—the Commissioner of Corrective Services, Department of Justice and Attorney General or an officer of the Department authorised by the Commissioner to exercise the functions of an authorised officer under this section, or\n> > \n> > > (b) in respect of a child offender—the Director-General of the Department of Human Services or an officer of the Department authorised by the Director-General to exercise the functions of an authorised officer under this section.\n> \n> **ss 9C–9F:** Ins 2009 No 94, Sch 1 \\[7\\].","sortOrder":18},{"sectionNumber":"9E","sectionType":"section","heading":"Notice of order","content":"#### 9E Notice of order\n\n9E Notice of order\n\n> > (1) As soon as practicable after making a community clean up order, the court is to cause written notice of the order to be given to the following persons—\n> > \n> > > (a) the offender,\n> > \n> > > (b) if the offender is an adult offender—the Commissioner of Corrective Services, Department of Justice and Attorney General,\n> > \n> > > (c) if the offender is a child offender—the Director-General of the Department of Human Services,\n> > \n> > > (d) if the offender is a child offender and the order is made by a court other than the Children’s Court—the registrar of the Children’s Court.\n> \n> > (2) The notice must include the following information—\n> > \n> > > (a) the place at which, or person to whom, the offender must present himself or herself, in person, for the purpose of enabling the administration of the order to be commenced,\n> > \n> > > (b) the period within which the offender must so present himself or herself.\n> \n> > (3) A community clean up order is not invalidated by a failure to comply with this section.\n> \n> **ss 9C–9F:** Ins 2009 No 94, Sch 1 \\[7\\].","sortOrder":19},{"sectionNumber":"9F","sectionType":"section","heading":"Explanation of nature and effect of order","content":"#### 9F Explanation of nature and effect of order\n\n9F Explanation of nature and effect of order\n\n> > (1) A court that makes a community clean up order in respect of an offender must explain, or cause to be explained, to the offender (in language likely to be readily understood by the offender)—\n> > \n> > > (a) the requirements to be complied with by the offender under the order, and\n> > \n> > > (b) the consequences that may follow if the offender fails to comply with those requirements, and\n> > \n> > > (c) the fact that the order may also be satisfied by payment of the fine.\n> \n> > (2) A community clean up order is not invalidated by a failure to comply with this section.\n> \n> **ss 9C–9F:** Ins 2009 No 94, Sch 1 \\[7\\].","sortOrder":20},{"sectionNumber":"9G","sectionType":"section","heading":"Number of hours of community clean up work","content":"#### 9G Number of hours of community clean up work\n\n9G Number of hours of community clean up work\n\n> > (1) The number of hours of community clean up work, specified in a community clean up order, to be performed by the offender is to be calculated at the rate of 1 hour for each $30 of the amount of the fine (or that part of the fine that is unpaid).\n> \n> > (2) The number of hours specified in any one order is additional to any number of hours of community clean up work or community service work required to be performed by the offender under any other order. Accordingly, any limit on the total number of hours of community service work that a person may be required to perform at any one time under another Act does not apply to any hours required to be performed by an offender under a community clean up order.\n> \n> > (3) The number of hours specified in any one community clean up order must not exceed 300 hours (in the case of an adult offender) or 100 hours (in the case of a child offender). The offender may be subject to more than one community clean up order at any one time.\n> \n> > (4) In the case of a person who is a child offender at the time a community clean up order is made, community clean up work may be performed concurrently for the purposes of that order and for the purposes of any other community clean up order or community service order made otherwise than under this Part.\n> \n> **s 9G:** Ins 2009 No 94, Sch 1 \\[7\\]. Am 2014 No 11, Sch 1 \\[9\\].","sortOrder":21},{"sectionNumber":"9H","sectionType":"section","heading":"Offender must participate in graffiti prevention program","content":"#### 9H Offender must participate in graffiti prevention program\n\n9H Offender must participate in graffiti prevention program\n\n> > (1) The community clean up work that an offender is directed to do by the assigned officer under the community clean up order must, if practicable, include at least 2 hours participation in a graffiti prevention program.\n> \n> > (2) For the purposes of this section, a graffiti prevention program means a personal development, education or other program the object of which is to prevent offenders from engaging in unlawful graffiti activities.\n> \n> > (3) An offender cannot be required by a community clean up order to participate in any personal development, education or other program that is not a graffiti prevention program.\n> \n> **ss 9H–9P:** Ins 2009 No 94, Sch 1 \\[7\\].","sortOrder":22},{"sectionNumber":"9I","sectionType":"section","heading":"Satisfaction of fine by community clean up work","content":"#### 9I Satisfaction of fine by community clean up work\n\n9I Satisfaction of fine by community clean up work\n\n> > (1) If an offender who is subject to a community clean up order duly complies with the order, the fine concerned is taken to be satisfied.\n> \n> > (2) If an offender who is subject to a community clean up order duly performs part of the number of hours of community clean up work to be performed under the order, the fine concerned is taken to be satisfied by the amount calculated at the rate of $30 for each hour of community clean up work actually performed.\n> \n> **ss 9H–9P:** Ins 2009 No 94, Sch 1 \\[7\\].","sortOrder":23},{"sectionNumber":"9J","sectionType":"section","heading":"Satisfaction of orders by payment","content":"#### 9J Satisfaction of orders by payment\n\n9J Satisfaction of orders by payment\n\n> > (1) If an offender who is subject to a community clean up order duly pays the fine (or the unsatisfied balance of the fine having regard to the number of hours of community clean up work already performed) the order is taken to be satisfied.\n> \n> > (2) A community clean up order ceases to be in force when it is satisfied.\n> \n> **ss 9H–9P:** Ins 2009 No 94, Sch 1 \\[7\\].","sortOrder":24},{"sectionNumber":"9K","sectionType":"section","heading":"Revocation of community clean up order","content":"#### 9K Revocation of community clean up order\n\n9K Revocation of community clean up order\n\n> > (1) A court may revoke a community clean up order if it is satisfied, following a report by the assigned officer in respect of the community clean up order, that the offender who is the subject of the order—\n> > \n> > > (a) has failed to report for work under the order within the period of 3 months after being required to do so by the order, or\n> > \n> > > (b) has failed to report for work under the order within any period of 3 months, or\n> > \n> > > (c) has failed to comply with the requirements of the order, or\n> > \n> > > (d) is not capable of performing the work under the order, or\n> > \n> > > (e) is not suitable to be engaged in the work under the order.\n> \n> > (2) A court may also revoke a community clean up order on the request of the offender subject to the order if satisfied that it would be in the interests of justice to revoke the order.\n> \n> > (3) A court may revoke a community clean up order in the absence of the offender subject to the order.\n> \n> > (4) However, a court is not to revoke a community clean up order unless satisfied that the offender has been given notice of the application for revocation and an opportunity to make submissions in respect of the application.\n> \n> > (5) A court may, when revoking an order, also revoke other community clean up orders that have been made against the offender.\n> \n> > (6) A community clean up order may be revoked by the court that made it or by a court of like or superior jurisdiction.\n> \n> > (7) A community clean up order in respect of which the Children’s Court is the supervising court may be revoked by the Children’s Court even though the Children’s Court did not make the order.\n> \n> **ss 9H–9P:** Ins 2009 No 94, Sch 1 \\[7\\].","sortOrder":25},{"sectionNumber":"9L","sectionType":"section","heading":"Effect of appeal against conviction or sentence","content":"#### 9L Effect of appeal against conviction or sentence\n\n9L Effect of appeal against conviction or sentence\n\n> > (1) If a finding of guilt, conviction, or sentence in respect of a graffiti offence is quashed, annulled or set aside, any community clean up order made in respect of the fine imposed for the offence is revoked.\n> \n> > (2) If a fine imposed by a court is varied, the court that varies the fine may revoke or vary any community clean up order made in respect of the fine. In such a case, the court may exercise any functions that could have been exercised by the court that imposed the fine.\n> \n> **ss 9H–9P:** Ins 2009 No 94, Sch 1 \\[7\\].","sortOrder":26},{"sectionNumber":"9M","sectionType":"section","heading":"Notice of revocation or variation of community clean up order","content":"#### 9M Notice of revocation or variation of community clean up order\n\n9M Notice of revocation or variation of community clean up order\n\n> A court that revokes or varies a community clean up order is to cause notice of the revocation or variation to be given to the following persons—\n> \n> > (a) the offender,\n> \n> > (b) the offender’s assigned officer,\n> \n> > (c) if the offender is a child offender and the court is not the Children’s Court—the registrar of the Children’s Court.\n> \n> **ss 9H–9P:** Ins 2009 No 94, Sch 1 \\[7\\].","sortOrder":27},{"sectionNumber":"9N","sectionType":"section","heading":"No appeals against order","content":"#### 9N No appeals against order\n\n9N No appeals against order\n\n> An appeal does not lie in respect of the making of a community clean up order, a failure to make a community clean up order or the revocation or variation of a community clean up order.\n> \n> **ss 9H–9P:** Ins 2009 No 94, Sch 1 \\[7\\].","sortOrder":28},{"sectionNumber":"9O","sectionType":"section","heading":"Registrar of court may exercise functions of court","content":"#### 9O Registrar of court may exercise functions of court\n\n9O Registrar of court may exercise functions of court\n\n> > (1) The functions of a court under this Part with respect to the making of a community clean up order may be exercised by a registrar of the court, if the offender consents to the making of the order.\n> \n> > (2) The functions of a court under this Part with respect to the revocation of a community clean up order may be exercised by a registrar of the court.\n> \n> **ss 9H–9P:** Ins 2009 No 94, Sch 1 \\[7\\].","sortOrder":29},{"sectionNumber":"9P","sectionType":"section","heading":"Application of Children (Community Service Orders) Act 1987 to orders made in respect of child offenders","content":"#### 9P Application of Children (Community Service Orders) Act 1987 to orders made in respect of child offenders\n\n9P Application of [Children (Community Service Orders) Act 1987](/view/html/inforce/current/act-1987-056) to orders made in respect of child offenders\n\n> > (1) The [Children (Community Service Orders) Act 1987](/view/html/inforce/current/act-1987-056) applies, subject to this Part, in respect of a community clean up order made in respect of a child offender in the same way as it applies in respect of a children’s community service order made in respect of a person to whom that Act applies.\n> \n> > (2) The following provisions of the [Children (Community Service Orders) Act 1987](/view/html/inforce/current/act-1987-056) do not apply to a community clean up order—\n> > \n> > > (a) sections 5, 6, 9, 12, 13 and 14, Part 4, and sections 27 and 28,\n> > \n> > > (b) such other provisions of that Act as may be prescribed by the regulations under this Act.\n> > \n> > Note.\n> > \n> > The excluded provisions are generally provisions that duplicate, or are inconsistent with, the provisions of this Part.\n> \n> > (3) The provisions of any regulation made under the [Children (Community Service Orders) Act 1987](/view/html/inforce/current/act-1987-056) apply in respect of a community clean up order to the extent that those provisions have effect for the purposes of provisions of that Act that apply to a community clean up order.\n> \n> > (4) The regulations under this Act may modify the operation of the [Children (Community Service Orders) Act 1987](/view/html/inforce/current/act-1987-056) or the regulations under that Act in respect of a community clean up order.\n> \n> **ss 9H–9P:** Ins 2009 No 94, Sch 1 \\[7\\].","sortOrder":30},{"sectionNumber":"9Q","sectionType":"section","heading":"Application of sentencing legislation to orders made in respect of adult offenders","content":"#### 9Q Application of sentencing legislation to orders made in respect of adult offenders\n\n9Q Application of sentencing legislation to orders made in respect of adult offenders\n\n> > (1) The [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092) and the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093) apply, subject to this Part, in respect of a community clean up order made in respect of an adult offender in the same way as they apply in respect of a community correction order made in respect of a person under the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092).\n> \n> > (2) Such of the provisions of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092) or the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093) as may be prescribed by the regulations under this Act do not apply to a community clean up order.\n> \n> > (3) The provisions of any regulation made under the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092) or the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093) apply in respect of a community clean up order to the extent that those provisions have effect for the purposes of provisions of those Acts that apply to a community clean up order.\n> \n> > (4) The regulations under this Act may modify the operation of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092), the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093) or the regulations under those Acts in respect of community clean up orders.\n> \n> **s 9Q:** Ins 2009 No 94, Sch 1 \\[7\\]. Am 2017 No 53, Sch 4.21 \\[1\\] \\[2\\].","sortOrder":31},{"sectionNumber":"9R","sectionType":"section","heading":"Regulations","content":"#### 9R Regulations\n\n9R Regulations\n\n> > (1) The regulations may make further provision for or with respect to community clean up work and community clean up orders (including applications for community clean up orders).\n> \n> > (2) The regulations may increase the amount of $30 mentioned in sections 9G and 9I. If the regulations do so, the reference to the amount of $30 in those sections is to be construed as a reference to that increased amount.\n> \n> **s 9R:** Ins 2009 No 94, Sch 1 \\[7\\]. Am 2014 No 11, Sch 1 \\[10\\].","sortOrder":32},{"sectionNumber":"Part 4","sectionType":"part","heading":"Graffiti removal work by local councils","content":"# Part 4 Graffiti removal work by local councils\n\nPart 4 Graffiti removal work by local councils","sortOrder":33},{"sectionNumber":"10","sectionType":"section","heading":"Interpretation","content":"#### 10 Interpretation\n\n10 Interpretation\n\n> In this Part, occupier, owner, private land and public place have the same meanings as in the [Local Government Act 1993](/view/html/inforce/current/act-1993-030).","sortOrder":34},{"sectionNumber":"11","sectionType":"section","heading":"Graffiti removal work—by agreement with owner or occupier","content":"#### 11 Graffiti removal work—by agreement with owner or occupier\n\n11 Graffiti removal work—by agreement with owner or occupier\n\n> A local council may, by agreement with the owner or occupier of any private land, carry out graffiti removal work on the land.","sortOrder":35},{"sectionNumber":"12","sectionType":"section","heading":"Graffiti removal work—without agreement of owner or occupier","content":"#### 12 Graffiti removal work—without agreement of owner or occupier\n\n12 Graffiti removal work—without agreement of owner or occupier\n\n> > (1) A local council may, without the agreement of the owner or occupier of any land, carry out graffiti removal work to property on that land if the graffiti concerned is visible from a public place.\n> \n> > (2) The graffiti removal work referred to in subsection (1) may only be carried out from a public place.\n> \n> > (3) The local council concerned is to bear the cost of graffiti removal work referred to in subsection (1).\n> \n> > (4) If a local council carries out graffiti removal work in accordance with this section, the council must, within a reasonable period, give the owner or occupier of the land concerned written notice that the work has occurred.\n> \n> > (5) A local council must pay compensation for any damage caused by the council in carrying out graffiti removal work in accordance with this section.\n> > \n> > Note.\n> > \n> > Section 730 of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030) provides for the resolution of claims for compensation relating to damage under this section in cases of dispute between the person claiming the compensation and the council.","sortOrder":36},{"sectionNumber":"13","sectionType":"section","heading":"Register of graffiti removal work","content":"#### 13 Register of graffiti removal work\n\n13 Register of graffiti removal work\n\n> > (1) A local council must keep a register of graffiti removal work carried out in accordance with this Part.\n> \n> > (2) The register is to specify in respect of each incidence of graffiti removal work carried out—\n> > \n> > > (a) the owner or occupier of the premises on which the graffiti was situated, and\n> > \n> > > (b) the nature of the work carried out, and\n> > \n> > > (c) the actual cost, or an estimate of the cost at current market rates, of carrying out the work, and\n> > \n> > > (d) in the case of graffiti removal work carried out in accordance with section 11—the actual amount charged by the local council for carrying out the work.","sortOrder":37},{"sectionNumber":"Part 4A","sectionType":"part","heading":"Alternative and additional actions to imposing penalties for certain graffiti offences","content":"# Part 4A Alternative and additional actions to imposing penalties for certain graffiti offences\n\nPart 4A Alternative and additional actions to imposing penalties for certain graffiti offences\n\n**pt 4A:** Ins 2012 No 57, Sch 1.4 \\[1\\].","sortOrder":38},{"sectionNumber":"13A","sectionType":"section","heading":"Definitions","content":"#### 13A Definitions\n\n13A Definitions\n\n> In this Part—\n> \n> demerit points register means the NSW demerit points register within the meaning of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018).\n> \n> driver licence means a driver licence within the meaning of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018) other than a driver licence issued under a law of another State or a Territory.\n> \n> driver licence order—see section 13C.\n> \n> graffiti licence order means an order under section 13C (1) (b).\n> \n> graffiti licence order period—see section 13C (1) (b).\n> \n> learner licence means a learner licence within the meaning of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018).\n> \n> learner licence period, in relation to a learner licence held by a person, means the minimum period for which the person is required by a condition imposed by the statutory rules under the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018) to hold the learner licence before a provisional licence may be issued.\n> \n> provisional licence means a provisional licence within the meaning of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018) other than a provisional licence issued under a law of another State or a Territory.\n> \n> provisional licence period, in relation to a provisional licence held by a person, means the minimum period for which the person is required, pursuant to the statutory rules under the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018), to hold the provisional licence before being eligible to apply for a provisional P2 licence or an unrestricted licence (as the case requires).\n> \n> Note.\n> \n> The scheme under Subdivisions 1 and 2 of Division 2 of Part 3 of the [Road Transport (Driver Licensing) Regulation 2017](/view/html/inforce/current/sl-2017-0450) requires a person to hold a provisional licence (that is, a P1 licence followed by a P2 licence) for a total period of 36 months before the person can be issued with an unrestricted licence. If a court takes action under this Part, the total period will in effect be extended to up to 42 months.\n> \n> Transport for NSW means Transport for NSW constituted under the [Transport Administration Act 1988](/view/html/inforce/current/act-1988-109).\n> \n> unrestricted licence means a driver licence or driver licence receipt issued under the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018) that is not a learner licence or a provisional licence.\n> \n> **s 13A:** Ins 2012 No 57, Sch 1.4 \\[1\\]. Am 2013 No 19, Sch 4.25 \\[1\\]–\\[4\\]; 2017 No 63, Sch 4.20 \\[2\\] \\[3\\]; 2020 No 30, Sch 4.25\\[1\\].","sortOrder":39},{"sectionNumber":"13B","sectionType":"section","heading":"Alternative and additional actions to imposing penalty for graffiti offences under sections 4 (2) and 5","content":"#### 13B Alternative and additional actions to imposing penalty for graffiti offences under sections 4 (2) and 5\n\n13B Alternative and additional actions to imposing penalty for graffiti offences under sections 4 (2) and 5\n\n> > (1) A court may, instead of imposing a fine on a person for an offence under section 4 (2) or 5, make—\n> > \n> > > (a) a community correction order under the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092) that is subject to the standard conditions of a community correction order and to a community service work condition, or\n> > \n> > > (b) a community service order under the [Children (Community Service Orders) Act 1987](/view/html/inforce/current/act-1987-056) directing the person to perform community service work,\n> > \n> > as the case requires.\n> \n> > (2) A court may, in addition to or instead of imposing a fine on a person, sentencing the person to imprisonment or imposing any other penalty on the person for an offence under section 4 (2) or 5, make a driver licence order.\n> > \n> > Note.\n> > \n> > For example, a driver licence order might be imposed in addition to graffiti clean up conditions in relation to community service orders imposed instead of imprisonment for graffiti offences under the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092) or the [Children (Community Service Orders) Act 1987](/view/html/inforce/current/act-1987-056).\n> \n> **s 13B:** Ins 2012 No 57, Sch 1.4 \\[1\\]. Am 2014 No 11, Sch 1 \\[11\\] \\[12\\]; 2017 No 53, Sch 4.21 \\[3\\].","sortOrder":40},{"sectionNumber":"13C","sectionType":"section","heading":"Driver licence orders","content":"#### 13C Driver licence orders\n\n13C Driver licence orders\n\n> > (1) A court may make any of the following orders (driver licence orders) under section 13B (2)—\n> > \n> > > (a) if the person is the holder of a learner licence or provisional licence—an order extending the person’s learner licence period or provisional licence period, respectively, for a period of 6 months, or a lesser period specified in the order, with effect from the day on which the learner licence period or provisional licence period would otherwise end,\n> > \n> > > (b) an order requiring the person not to incur the same or more than the threshold number of demerit points applying to the person under section 13E for a period of 6 months or a lesser period specified in the order, commencing on the day on which the order is made (the graffiti licence order period).\n> \n> > (2) A court must not make an order under subsection (1) (b) if 10 or more demerit points have been recorded against the person in the demerit points register during the 3 year period immediately before the order is made.\n> \n> **s 13C:** Ins 2012 No 57, Sch 1.4 \\[1\\].","sortOrder":41},{"sectionNumber":"13D","sectionType":"section","heading":"Orders extending learner and provisional licence periods","content":"#### 13D Orders extending learner and provisional licence periods\n\n13D Orders extending learner and provisional licence periods\n\n> > (1) The extension of a person’s learner or provisional licence period by an order under section 13C, in the case of a person who holds more than one class of driver licence, applies only to those classes of licence specified by the court.\n> \n> > (2) If, in the case of a learner licence or provisional licence that is subject to an extension under section 13C, the licence is cancelled at any time by operation of section 207 of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018), the learner licence period or provisional licence period in respect of any subsequent learner licence or provisional licence that is issued to the person is extended by operation of this subsection for a period that is equivalent to so much of the period by which the licence was extended as remained on the day the licence was cancelled.\n> \n> > (3) The period for which a person’s learner licence or provisional licence period may be extended by an order under section 13C does not include any period during which the person’s learner licence or provisional licence is suspended by Transport for NSW otherwise than on medical grounds.\n> \n> **s 13D:** Ins 2012 No 57, Sch 1.4 \\[1\\]. Am 2013 No 19, Sch 4.25 \\[5\\]; 2020 No 30, Sch 4.25\\[2\\].","sortOrder":42},{"sectionNumber":"13E","sectionType":"section","heading":"Graffiti licence orders","content":"#### 13E Graffiti licence orders\n\n13E Graffiti licence orders\n\n> > (1) A graffiti licence order made in relation to a person who is the holder of an unrestricted licence must specify the threshold number of demerit points to apply to the holder for the purposes of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018) during the graffiti licence order period.\n> > \n> > Note.\n> > \n> > See section 38 of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018) with respect to licence suspension when the threshold number of demerit points is incurred.\n> \n> > (2) In subsection (1), threshold number of demerit points means 4 demerit points or such other number of demerit points as may be prescribed by the regulations.\n> \n> **s 13E:** Ins 2012 No 57, Sch 1.4 \\[1\\]. Am 2013 No 19, Sch 4.25 \\[1\\] \\[6\\].","sortOrder":43},{"sectionNumber":"13F","sectionType":"section","heading":"Explanation of nature and effect of driver licence order","content":"#### 13F Explanation of nature and effect of driver licence order\n\n13F Explanation of nature and effect of driver licence order\n\n> > (1) A court that makes a driver licence order in respect of a person must explain, or cause to be explained, to the offender (in language likely to be readily understood by the person)—\n> > \n> > > (a) the requirements to be complied with by the person under the order, and\n> > \n> > > (b) the consequences that may follow if the person fails to comply with those requirements.\n> \n> > (2) A driver licence order is not invalidated by a failure to comply with this section.\n> \n> **s 13F:** Ins 2012 No 57, Sch 1.4 \\[1\\].","sortOrder":44},{"sectionNumber":"13G","sectionType":"section","heading":"Provisions relating to imposition of penalties for offences under sections 4 and 5","content":"#### 13G Provisions relating to imposition of penalties for offences under sections 4 and 5\n\n13G Provisions relating to imposition of penalties for offences under sections 4 and 5\n\n> > (1) A court is to take into account a statement of the driving record of a person in making a driver licence order in relation to a licence held by the person.\n> \n> > (2) A court is to notify Transport for NSW of the making, and terms, of any driver licence order it makes under this Part as soon as practicable after the order is made.\n> \n> > (3) If a finding of guilt, conviction or sentence in respect of an offence under section 4 or 5 is quashed, annulled or set aside, any driver licence order made in respect of the offence is revoked.\n> \n> > (4) A driver licence order is not invalidated by a failure to comply with this section.\n> \n> **s 13G:** Ins 2012 No 57, Sch 1.4 \\[1\\]. Am 2020 No 30, Sch 4.25\\[2\\].","sortOrder":45},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"# Part 5 Miscellaneous\n\nPart 5 Miscellaneous","sortOrder":46},{"sectionNumber":"14","sectionType":"section","heading":"General defence","content":"#### 14 General defence\n\n14 General defence\n\n> It is a sufficient defence to a prosecution for an offence under this Act if the defendant satisfies the court that the act complained of in the information for the offence was done with lawful authority.","sortOrder":47},{"sectionNumber":"15","sectionType":"section","heading":null,"content":"#### 15\n\n15 (Repealed)","sortOrder":48},{"sectionNumber":"16","sectionType":"section","heading":"Penalty notices","content":"#### 16 Penalty notices\n\n16 Penalty notices\n\n> > (1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed an offence against section 7 or 8 of this Act.\n> \n> > (2) The [Fines Act 1996](/view/html/inforce/current/act-1996-099) applies to a penalty notice issued under this section.\n> > \n> > Note.\n> > \n> > The [Fines Act 1996](/view/html/inforce/current/act-1996-099) provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.\n> \n> > (3) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).\n> \n> > (4) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.\n> \n> > (5) In this section, authorised officer means—\n> > \n> > > (a) a police officer, or\n> > \n> > > (b) a person of a class prescribed by the regulations as a class of persons who may issue penalty notices under this section.\n> \n> **s 16:** Subst 2017 No 22, Sch 3.31.","sortOrder":50},{"sectionNumber":"17","sectionType":"section","heading":"Particulars to be furnished","content":"#### 17 Particulars to be furnished\n\n17 Particulars to be furnished\n\n> > (1) If a defendant charged with an offence under this Act—\n> > \n> > > (a) has requested the informant to furnish to the defendant reasonable particulars of the behaviour or conduct the subject of the charge, and\n> > \n> > > (b) the informant, or some person on his or her behalf, has not so furnished those particulars,\n> > \n> > the court before which the defendant is charged is to adjourn the charge pending the furnishing of those particulars or may dismiss the charge.\n> \n> > (2) If, at the hearing of a charge for an offence referred to in subsection (1)—\n> > \n> > > (a) the evidence discloses behaviour or conduct that constitutes such an offence, and\n> > \n> > > (b) that behaviour or conduct is different from the behaviour or conduct of which particulars have been given to the defendant under subsection (1),\n> > \n> > the court may, on the application of the defendant and if it is of the opinion that the defendant was deceived by those particulars, adjourn the hearing on such terms as it thinks fit.","sortOrder":51},{"sectionNumber":"18","sectionType":"section","heading":"Payment towards cost of repairing damage","content":"#### 18 Payment towards cost of repairing damage\n\n18 Payment towards cost of repairing damage\n\n> A person convicted of an offence under this Act is liable to pay such amount not exceeding an amount equal to 20 penalty units as the court may order as the cost of, or contribution to, the repair or restoration of any damage caused by the action which resulted in the conviction.","sortOrder":52},{"sectionNumber":"19","sectionType":"section","heading":"Regulations","content":"#### 19 Regulations\n\n19 Regulations\n\n> The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":53},{"sectionNumber":"20","sectionType":"section","heading":"Proceedings for offences","content":"#### 20 Proceedings for offences\n\n20 Proceedings for offences\n\n> Proceedings for an offence under this Act—\n> \n> > (a) may be dealt with summarily before the Local Court, and\n> \n> > (b) must be commenced not later than 2 years from when the offence is alleged to have been committed.\n> \n> **s 20:** Subst 2014 No 59, Sch 1.8.","sortOrder":54},{"sectionNumber":"21","sectionType":"section","heading":"Savings, transitional and other provisions","content":"#### 21 Savings, transitional and other provisions\n\n21 Savings, transitional and other provisions\n\n> Schedule 1 has effect.","sortOrder":55},{"sectionNumber":"22","sectionType":"section","heading":null,"content":"#### 22\n\n22 (Repealed)","sortOrder":56},{"sectionNumber":"23","sectionType":"section","heading":"Review of Act","content":"#### 23 Review of Act\n\n23 Review of Act\n\n> > (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after 10 December 2015 (being 3 years after the date of commencement of the [Graffiti Legislation Amendment Act 2012](/view/html/repealed/current/act-2012-057)).\n> \n> > (3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after that date.\n> \n> **s 23:** Am 2014 No 11, Sch 1 \\[13\\].","sortOrder":58},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 1 Savings, transitional and other provisions\n\nSchedule 1 Savings, transitional and other provisions\n\n(Section 21)\n\n**sch 1:** Am 2009 No 94, Sch 1 \\[8\\] \\[9\\]; 2012 No 57, Sch 1.4 \\[3\\] \\[4\\]; 2014 No 11, Sch 1 \\[14\\]; 2025 No 11, Sch 3\\[3\\].","sortOrder":59},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":null,"content":"# Schedule 2\n\nSchedule 2 (Repealed)\n\n**sch 2:** Rep 2009 No 56, Sch 5.","sortOrder":70}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act’s scope has expanded since its original enactment through later insertions and amendments that add new regulatory and enforcement tools. Notable changes in scope include: the creation of Part 3A (community clean up orders and a structured scheme for converting fines into supervised community clean up work, with hours-to-dollar conversion and program requirements) (sections 9A–9R); the addition of targeted supply and possession offences and seizure powers concerning spray paint and minors (sections 7–9, 8A–8B); and the introduction of driver licence orders as an alternative or additional sanction for certain graffiti offences (sections 13B–13E). A 2025 amendment also broadened the definition of \"circumstances of aggravation\" to include marking a place of worship (Schedule 1, Part 5, clause 5 referencing section 4(6)(c)). These amendments extend the Act from a core marking offence into a multi-instrument regime combining supply controls, administrative removal powers for councils, non‑custodial remedial orders, licence-related penalties, and seizure/forfeiture authorities (see sections 4–13 and Part 3A)."},"complexity_factors":["Multiple enforcement mechanisms: criminal offences, penalty notices, seizure/forfeiture, community clean up orders, driver licence orders (sections 4–9, 16, Part 3A, Part 4A).","Extensive cross-references to other Acts and agencies (Road Transport Act, Local Government Act, Children (Community Service Orders) Act, Crimes sentencing and administrative Acts) creating inter-agency dependencies (sections 9A, 9C, 13A–13Q, 10).","Numerous procedural conditions and statutory defences (age‑verification defences, lawful-purpose defences) that shift evidential burdens (sections 7(2), 8A(2), 8B(2), 14).","Delegation of many technical details to regulations and Ministerial approvals, producing rule‑making complexity and potential for change (sections 7(6), 8(3), 9(4), 9R, 19).","Different regimes and limits depending on offender age (child vs adult), differing maximum hours and sentencing constraints (sections 9A, 9G, 9D, 4(4), 5(2)).","Administrative requirements for local councils (obligation to keep registers, notification and compensation rules) coupled with councils’ financial responsibilities when acting without owner agreement (sections 12–13).","Interactional complexity from possible combinations of orders (fines, community clean up work, community correction/service orders, driver licence orders) and rules on revocation and appeal (sections 9B, 9K–9N, 13B–13G)."],"plain_english_summary":"What the law does (mechanics)\n\n- Makes it an offence to intentionally mark premises or other property without consent; higher penalties apply if the mark is made with a graffiti implement, is not readily removable, or is on a place of worship (section 4).\n- Criminalises possession of graffiti implements intended for use in aggravated marking (section 5) and allows courts to order forfeiture of implements on conviction (section 5(3)).\n- Prohibits affixing placards/papers to premises visible from a public place without consent (section 6). Chalk markings on public footpaths/pavements are excluded from the marking offence (section 4(5)).\n- Regulates sale, supply, display and possession of spray paint cans:\n  - Sale or supply to persons under 18 is an offence, with specified defences for reasonable belief about age or lawful purpose (sections 7 and 8A).\n  - Retailers must secure spray paint cans from public access unless displayed in prescribed secure ways (section 8).\n  - A person under 18 possessing a spray paint can in a public place commits an offence, subject to statutory defences (section 8B).\n  - Police may seize spray paint cans from persons suspected to be under 18 in a public place; seized cans are forfeited to the Crown (section 9).\n- Introduces community clean up orders as an alternative to fines: courts may require offenders to perform specified community clean up work (Part 3A, sections 9A–9R). Key mechanics include:\n  - A court may make a community clean up order to satisfy a fine, at the court’s motion or on application (section 9B).\n  - Hours are calculated at 1 hour per $30 of fine (section 9G); maximums per order (adult 300 hrs; child 100 hrs) apply (section 9G(3)). Regulations may increase the $30 rate (section 9R).\n  - Orders must be made only after consultation that the offender is suitable and work is available (section 9D); courts or registrars may exercise functions under conditions (section 9O).\n  - Community clean up work is to include at least 2 hours of a graffiti prevention program if practicable (section 9H).\n  - Compliance with an order satisfies the fine in whole or in proportion to the hours performed (sections 9I–9J).\n- Gives courts additional sentencing options for aggravated marking and possession offences: courts may impose community correction/community service orders and may impose driver licence orders that extend learner/provisional periods or impose a low demerit-point threshold for a fixed period (sections 13B–13E).\n- Empowers local councils to remove graffiti by agreement or, if visible from a public place, without agreement (but only from public places), and requires councils to keep a register of removal work; the council bears the cost if removal is done without owner/occupier agreement and must notify owners/occupiers and compensate for damage (sections 11–13).\n- Provides for penalty notices for some offences (section 16), time limits for prosecution (2 years, section 20), and a general defence of lawful authority (section 14). The Governor may make regulations under section 19; other provisions allow regulation of many technical matters including exemptions and procedures (see sections 7(6), 8(3), 9(4), 9R, 19).\n\nWho this affects (actors and immediate obligations)\n\n- Individuals who mark property: face criminal penalties for unauthorised marking (section 4) and greater penalties for aggravated circumstances (section 4(2),(6)).\n- Persons under 18: cannot be supplied with, or publicly possess, spray paint cans without statutory defences; police can seize cans from suspected minors (sections 7, 8A, 8B, 9).\n- Retailers and shop occupiers: must secure spray paint cans from public access (section 8), and sellers must check age or rely on a reasonable-belief defence when selling to someone who might be under 18 (section 7(2)). Employers may be vicariously liable for employees’ unlawful sales unless they can prove due diligence (section 7(3)–(4)).\n- Courts and registrars: decide whether to impose fines, community clean up orders, community correction/service orders or driver licence orders, and supervise revocation and variation (Parts 3A, 13B–13G, 9K–9O).\n- Police and authorised officers: may seize spray paint cans from suspected minors, issue penalty notices for specified offences, and enforce the Act (sections 9, 16).\n- Local councils: can carry out graffiti removal by agreement and, in many cases, without agreement where graffiti is visible from a public place (sections 11–12); councils must keep registers of removal work (section 13) and generally bear costs for removals done without owner agreement (section 12(3)).\n- Transport for NSW and licensing authorities: receive notice of driver licence orders and implement driver-licence related consequences (section 13G(2); cross-references to the Road Transport Act provisions in sections 13A–13E).\n\nOfficial purpose-claims and how the Act pursues them\n\n- The Act implements a mix of criminal prohibitions, supply controls, seizure powers, alternative non-custodial sanctions, and administrative removal powers (see especially sections 4–9, Part 3A (sections 9A–9R), Part 4 (sections 11–13), and Part 4A (sections 13A–13G)).\n- Those mechanisms together operationalise a policy approach that pairs deterrence (criminal penalties, deprivation of implements), restriction of access (sale/supply/display rules), remediation (community clean up orders and council removal), and licensing consequences (driver licence orders).\n\nCosts, incentives, trade-offs and key implementation points (source‑grounded)\n\n- Who pays:\n  - Offenders may pay fines or satisfy fines by doing community clean up work calculated at $30 per hour (sections 9G, 9I–9J); courts may also order offenders to pay up to 20 penalty units towards repair costs (section 18).\n  - Local councils bear the cost of graffiti removal when they act without the landowner’s agreement (section 12(3)). Councils must keep registers of removal work (section 13), which creates administrative costs.\n  - Retailers bear compliance costs to secure spray paint and to establish age-verification procedures; employers carry potential vicarious-liability risks unless due diligence is shown (sections 7, 8).\n- Who decides and where discretion lies:\n  - Courts decide on criminal liability and may order alternate sanctions (sections 4, 5, 13B–13C). Registrars may exercise some court functions with offender consent (section 9O).\n  - Ministers and authorised officers supply technical approvals and authorisations: the relevant Ministers approve what counts as community clean up work (section 9C); regulations (made by the Governor) fill many technical gaps, exemptions and procedures (sections 9R, 19, and multiple delegations throughout the Act).\n  - Police and other authorised officers decide on-the-spot seizures of spray paint from suspected minors (section 9(1)).\n- Compliance burden and procedural risk:\n  - Retailers must change in-store display and sales practices (section 8). Failure can lead to penalties and possible penalty notices (sections 8, 16).\n  - Courts must consult authorised officers before making community clean up orders and must be satisfied about availability and suitability, adding procedural steps to sentencing (section 9D).\n  - Regulations may prescribe classes of exemptions and procedures (e.g. certain cans excluded, return procedures for seized cans), so regulated parties face rule‑making changes over time (sections 7(6), 8(3), 9(4), 9R).\n- Effects on private choice and markets:\n  - Restricting sale and public possession of spray paint to minors limits market access for that demographic and obliges sellers to check age (sections 7, 8A, 8B). This affects retail operations, inventory display decisions, and potentially retail theft-prevention costs.\n  - Councils’ power to remove graffiti from private land visible from public places (section 12) centralises remediation decisions with local government when visibility from public places is the operative trigger; councils usually bear the cost (section 12(3)).\n- Enforcement-resource and opportunity costs:\n  - Police power to seize (section 9) and courts’ expanded sentencing options (Parts 3A and 4A) allocate police and court resources to detection, seizure, prosecution and administration of alternate sentences and supervised clean-up programs.\n  - Councils’ responsibility to keep registers and perform removal work (sections 12–13) implies dedicated staff time and possible outsourcing.\n- Bureaucratic discretion and possible implementation risks:\n  - Many operational details are delegated to regulations or approvals by relevant Ministers (sections 9C, 9R, 19), giving executive agencies discretion to define programmatic details such as what counts as community clean up work, permitted exemptions for spray paint types, and procedures for seized items.\n  - Courts are restrained from imprisoning first-time offenders under certain provisions unless the offender is a serious and persistent offender (sections 4(4), 5(2), 8B(5)), but still have diverse non-custodial options to apply (sections 13B–13C).\n\nConcise statement of likely behaviour changes the Act creates\n\n- Fewer people under 18 will legally obtain or carry spray paint in public places (sections 7, 8A, 8B, 9).\n- Retailers will secure spray paint from public access and perform age checks (section 8).\n- Courts will have expanded non-custodial options (community clean up, driver licence orders) to convert monetary fines into supervised labour and licence-related penalties (sections 9B–9G, 13B–13E).\n- Local councils will more frequently remove visible graffiti without owner consent, since the Act explicitly permits and funds those removals (sections 11–12).\n\nKey cross-references relied on in this summary: sections 4–9, Part 3A (sections 9A–9R), Part 4 (sections 11–13), Part 4A (sections 13A–13G), sections 14, 16–20, and the regulation-making power in section 19."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act has been amended at least 14 times since its original enactment in 2008, strongly suggesting its scope has evolved beyond the original framework. The frequency of amendments (averaging roughly one every 1–2 years) indicates ongoing legislative refinement, likely expanding enforcement powers, adjusting penalties, or broadening definitions of graffiti implements and offences. However, without access to the full text of amendments, the precise nature of scope changes cannot be confirmed."},"complexity_factors":["Multiple amendments over 17 years (15+ versions), meaning understanding the current law requires tracking legislative changes","Dual ministerial responsibility (Attorney General and Minister for Local Government) creates potential jurisdictional overlap","Interaction with other laws including criminal damage provisions and retail sale regulations adds cross-referencing complexity","Provisions affecting both criminal liability and civil/administrative obligations (clean-up orders) span different legal frameworks","Age-based provisions (sale to minors) require understanding of additional definitional rules","Only metadata and status information was provided — the full text of the operative provisions was not included, limiting full analysis"],"plain_english_summary":"## Graffiti Control Act 2008 (NSW)\n\n**What is this law?**\nThis is a New South Wales law designed to crack down on graffiti — unauthorised markings, tags, or artwork applied to property without the owner's permission.\n\n**Who does it affect?**\n- Anyone who applies graffiti to property they don't own or don't have permission to mark\n- Retailers who sell graffiti implements (like spray paint and markers)\n- Young people in particular, as graffiti offences often involve minors\n- Property owners dealing with graffiti on their buildings or assets\n- Local councils responsible for graffiti removal\n\n**What does it actually do?**\nThe Act makes it a criminal offence to:\n- Apply graffiti to someone else's property without permission\n- Possess graffiti implements (e.g. spray cans) in certain circumstances where there's intent to use them for graffiti\n- Sell graffiti implements to minors (people under 18)\n\nIt also gives authorities — including police and councils — powers to clean up graffiti and issue clean-up orders to property owners or graffiti offenders.\n\n**Why does it matter to you?**\n- If you're caught doing graffiti, you could face fines or criminal charges\n- If you're a shop owner selling spray paint, you have legal obligations around who you sell to\n- If you're a property owner, councils may have the power to require you to remove graffiti from your property\n- The law has been updated **multiple times** since 2008 (most recently March 2025), so the rules have evolved over the years\n\n**Note:** This law sits alongside broader criminal damage laws and is administered jointly by the Attorney General and the Minister for Local Government."},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has grown well beyond its original 2008 focus on basic marking offences (s 4), possession (s 5) and retail restrictions on spray paint (Part 3). Amendments added community clean-up orders as a fine-conversion mechanism (Part 3A, inserted 2009), council graffiti-removal powers without owner consent (Part 4), and innovative driver-licence and demerit-point sanctions (Part 4A, inserted 2012). The 2025 amendment further expanded aggravated circumstances to include places of worship. This has shifted the legislation from pure prohibition and penalty to a multi-tool framework combining criminal offences, civil clean-up powers, rehabilitative sentencing options and administrative licence sanctions."},"complexity_factors":["Layered definitions of 'graffiti implement', 'spray paint can', 'premises' and 'circumstances of aggravation' in s 3 and s 4(6) that create multiple conditional pathways","Cross-references to at least eight other statutes including the Crimes Act 1900, Crimes (Sentencing Procedure) Act 1999, Children (Community Service Orders) Act 1987, Road Transport Act 2013, Fines Act 1996 and Local Government Act 1993","Distinct regimes for child offenders versus adult offenders in Part 3A, including different hour caps, suitability tests and applied legislation (ss 9A–9Q)","Nested defences, reverse onuses of proof and exceptions (e.g. s 4(1), s 7(2), s 8A(2), s 14) that require factual analysis at every stage","Procedural overlays for community clean-up orders covering suitability assessments, revocation, concurrent orders, interaction with fine enforcement and registrar delegation (ss 9B–9P)","Part 4A driver-licence sanctions that interact with demerit-point thresholds, statutory licence periods and Transport for NSW notification rules (ss 13C–13G)"],"plain_english_summary":"**The Graffiti Control Act 2008** is New South Wales law designed to stop unwanted graffiti and vandalism while encouraging clean-ups and prevention. \n\nIt makes it illegal to deliberately mark someone else's building, vehicle, tree or other property without the owner's or occupier's permission (s 4). Serious cases — such as using spray paint, creating marks that are hard to wash off, or damaging a place of worship — carry higher fines or even jail time for repeat offenders. Simply carrying a spray can, marker or similar tool with the intent to commit graffiti is also banned (s 5). \n\nThe Act tightly controls spray paint: retailers cannot sell or supply it to anyone under 18 (ss 7 and 8A), must keep cans locked away or behind the counter (s 8), and police can seize cans from minors in public places (s 9). \n\nInstead of just fining people, courts can order offenders to do community clean-up work (removing graffiti) to pay off their fines (Part 3A). Local councils can remove visible graffiti from private land even without the owner's permission, as long as they do it from a public place and pay for any damage (Part 4). For some repeat graffiti offences, courts can also extend a young driver's learner or provisional licence period or add extra demerit points that could lead to suspension (Part 4A). \n\nThe law matters because it balances punishment with practical clean-up and tries to stop graffiti at the source by restricting tools and educating offenders. It affects graffiti writers, shopkeepers, parents of teenagers, local councils and police."}},"importantCases":[],"_links":{"self":"/api/acts/graffiti-control-act-2008","history":"/api/acts/graffiti-control-act-2008/history","analysis":"/api/acts/graffiti-control-act-2008/analysis","conflicts":"/api/acts/graffiti-control-act-2008/conflicts","importantCases":"/api/acts/graffiti-control-act-2008/important-cases","documents":"/api/acts/graffiti-control-act-2008/documents"}}