{"id":"nsw:sl-2021-0458","name":"Graffiti Control Regulation 2021","slug":"graffiti-control-regulation-2021","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"458 of 2021","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176309,"registerId":"nsw-nsw:sl-2021-0458-current","compilationNumber":null,"startDate":"2026-04-05","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 Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Graffiti Control Regulation 2021](/view/html/inforce/current/sl-2021-0458).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on the day on which it is published on the NSW legislation website.\n> \n> Note—\n> \n> This Regulation repeals and replaces the [Graffiti Control Regulation 2014](/view/html/repealed/current/sl-2014-0481), which would otherwise be repealed on 1 September 2021 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definition","content":"#### 3 Definition\n\n3 Definition\n\n> In this Regulation—\n> \n> the Act means the [Graffiti Control Act 2008](/view/html/inforce/current/act-2008-100).\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Seized spray paint cans—the Act, s 9","content":"# Part 2 Seized spray paint cans—the Act, s 9\n\nPart 2 Seized spray paint cans—the Act, s 9","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Reasons for seizure","content":"#### 4 Reasons for seizure\n\n4 Reasons for seizure\n\n> > (1) When seizing a spray paint can from a person under the Act, section 9 (referred to in this Part as a seized spray paint can), a police officer must give reasons to the person for the seizure.\n> \n> > (2) When giving reasons, the police officer must tell the person that the police officer—\n> > \n> > > (a) suspects the person is less than 18 years of age, and\n> > \n> > > (b) is satisfied the person has the spray paint can in his or her possession for an unlawful purpose.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Disposal of seized spray paint cans","content":"#### 5 Disposal of seized spray paint cans\n\n5 Disposal of seized spray paint cans\n\n> A seized spray paint can may be disposed of immediately by a police officer if—\n> \n> > (a) part of the contents of the can have been used, or\n> \n> > (b) the spray paint can is of negligible value.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Information as to custody of seized spray paint can","content":"#### 6 Information as to custody of seized spray paint can\n\n6 Information as to custody of seized spray paint can\n\n> > (1) If a seized spray paint can is not disposed of immediately, the police officer must inform the person from whom the spray paint can is seized that—\n> > \n> > > (a) the spray paint can will be taken to a specified police station and kept there for at least 7 days, and\n> > \n> > > (b) a claim for return of the spray paint can may be made at the specified police station.\n> \n> > (2) A receipt specifying details of the seized spray paint can must be issued to the person—\n> > \n> > > (a) at the time of seizure—by the police officer concerned, or\n> > \n> > > (b) at the time the spray paint can is taken to the specified police station—by any police officer at that police station.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Seized spray paint can to be kept at police station","content":"#### 7 Seized spray paint can to be kept at police station\n\n7 Seized spray paint can to be kept at police station\n\n> > (1) A seized spray paint can that is not disposed of immediately must be taken to the specified police station and kept there for at least 7 days.\n> \n> > (2) A seized spray paint can kept at a police station may be disposed of if a claim for its return under section 8 is not made within 7 days after the spray paint can was seized.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Claim for seized spray paint can","content":"#### 8 Claim for seized spray paint can\n\n8 Claim for seized spray paint can\n\n> > (1) A seized spray paint can kept at a police station may be claimed by, and if claimed must be returned to, the person from whom it was seized if the person establishes the person—\n> > \n> > > (a) was at least 18 years of age at the time of the seizure, or\n> > \n> > > (b) had the spray paint can in the person’s possession for a purpose that is not unlawful, being a purpose of which the police officer who seized the spray paint can was informed at the time of its seizure.\n> \n> > (2) If a claim for a seized spray paint can is rejected, the spray paint can—\n> > \n> > > (a) must be kept for at least another 7 days to allow for an application to be made to a court under section 9, and\n> > \n> > > (b) may be disposed of if an application under section 9 is not made within 7 days after the claim is rejected.\n> \n> > (3) If an application under section 9 is made before the seized spray paint can is disposed of, the spray paint can must be kept until the application is determined.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Application to court for return of seized spray paint can","content":"#### 9 Application to court for return of seized spray paint can\n\n9 Application to court for return of seized spray paint can\n\n> A court may, on application by a person from whom a seized spray paint can was seized, make an order that the seized spray paint can be returned to the person if the court is satisfied the person had the seized spray paint can in the person’s possession at the time of its seizure for a purpose that was not unlawful, being a purpose of which the police officer who seized the spray paint can was informed at the time of its seizure.","sortOrder":10},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"# Part 3 Miscellaneous\n\nPart 3 Miscellaneous","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Display by retailers of spray paint cans","content":"#### 10 Display by retailers of spray paint cans\n\n10 Display by retailers of spray paint cans\n\n> > (1) For the purposes of the Act, section 8(2)(c), a spray paint can is properly secured if it is displayed on a shelf that is 2.1 metres or more above floor level.\n> \n> > (2) The Act, Section 8 does not apply to or in relation to a spray paint can that contains paint that, when applied to a surface, is both transparent and colourless.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Penalty notices for offences relating to sale or display of spray paint cans","content":"#### 11 Penalty notices for offences relating to sale or display of spray paint cans\n\n11 Penalty notices for offences relating to sale or display of spray paint cans\n\n> > (1) For the purposes of the Act, section 16(3), the amount prescribed is $550.\n> \n> > (2) The following classes of persons are prescribed as classes of persons who may issue penalty notices under the Act, section 16—\n> > \n> > > (a) investigators, within the meaning of the [Fair Trading Act 1987](/view/html/inforce/current/act-1987-068),\n> > \n> > > (b) employees of a local council who are authorised persons for the purposes of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030), section 679.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Repeal and savings","content":"#### 12 Repeal and savings\n\n12 Repeal and savings\n\n> > (1) The [Graffiti Control Regulation 2014](/view/html/repealed/current/sl-2014-0481) is repealed.\n> \n> > (2) Any act, matter or thing that, immediately before the repeal of the [Graffiti Control Regulation 2014](/view/html/repealed/current/sl-2014-0481), had effect under that Regulation continues to have effect under this Regulation.","sortOrder":14}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"There is insufficient substantive content in the provided document to assess whether the regulation's scope changed from its original intent. No amendments are recorded, and the regulation has remained in its original form since commencement on 20 August 2021."},"complexity_factors":["The document provided contains almost no substantive legislative content — only metadata and website navigation — making meaningful legal analysis impossible from this text alone","As a regulation (subordinate legislation) rather than an Act, it is inherently narrower in scope and typically more straightforward in structure","Graffiti control as a subject matter is relatively contained and not legally complex","The automatic repeal mechanism (staged repeal) adds a minor procedural layer but is a standard feature of NSW subordinate legislation"],"plain_english_summary":"The Graffiti Control Regulation 2021 (NSW) is subordinate legislation under the Graffiti Control Act that provides the practical rules for controlling graffiti in New South Wales. It has been in force since 20 August 2021 and is scheduled for automatic repeal on 1 September 2026 unless remade.\n\nIt affects anyone involved in graffiti-related activity—property owners, councils, retailers of graffiti implements and enforcement officers—and matters because such regulations typically set penalties, restricted implements and removal or approval processes, although the full text was not provided here."},"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":2,"scope_assessment":{"changed":false,"description":"The Regulation maintains its original narrow scope: procedural rules for seized spray paint cans and retail display requirements. It is a direct replacement of the 2014 Regulation with substantively identical provisions, showing no scope creep beyond the Graffiti Control Act's original intent."},"complexity_factors":["Only 1 defined term ('the Act') in the interpretation section","Straightforward sequential structure with minimal cross-referencing (only references to parent Act sections 8, 9, and 16)","Simple conditional logic: if used/negligible value → dispose immediately; otherwise → 7-day holding period","No nested exceptions or complex definitional chains","Short length (12 sections across 3 Parts)","Clear, procedural rules without discretionary language or multiple overlapping conditions"],"plain_english_summary":"This Regulation sets out the practical rules for how police handle spray paint cans they take from people under 18, and how shops must display these products.\n\n**What it does:**\n\n*   **Police powers:** When police take a spray paint can from someone they suspect is under 18 and using it illegally, they must explain why. They can throw the can away immediately if it's been used or is worthless. Otherwise, they must keep it at a police station for at least 7 days and give the owner a receipt.\n*   **Getting your can back:** The owner can claim the can back within 7 days by proving they were actually 18 or older, or that they had a lawful reason for carrying it (and told the officer this at the time). If police refuse, the owner can apply to a court to get it back.\n*   **Shop rules:** Shops must keep spray paint cans on shelves at least 2.1 metres high (about head height for most adults) so they're harder to steal. This rule doesn't apply to clear, colourless spray coatings.\n*   **Fines:** People who break the shop display rules can be fined $550 on the spot. Fair Trading investigators and authorised local council staff can issue these fines.\n\n**Who it affects:** Young people carrying spray paint, police officers, retailers selling spray paint, and local council enforcement officers.\n\n**Why it matters:** It balances giving police tools to prevent graffiti against protecting people's property rights—you can't just lose your spray paint forever because a police officer made a mistake about your age."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Regulation repeals and replaces the Graffiti Control Regulation 2014 (s 2) but s 12(2) preserves any act, matter or thing that immediately before repeal had effect under the 2014 Regulation. Based on the text supplied, the substantive scope is carried over rather than expanded or narrowed."},"complexity_factors":["Cross‑references to other legislation: frequent reliance on the Graffiti Control Act 2008 and the Interpretation Act 1987 for meanings and operation (see s 3 and general notes).","Seizure procedure requirements: police must give specific reasons and advise suspicion of age and unlawful purpose (s 4), creating evidentiary and communication obligations.","Disposal discretion and thresholds: police may immediately dispose if partially used or negligible value (s 5), and may later dispose after set holding periods, requiring judgment calls about \"negligible value\" (s 5, s 7).","Custody, receipt and time limits: prescribed 7‑day minimum holding period, mandatory receipt issuance and claim windows impose operational recordkeeping and timeliness burdens (s 6, s 7, s 8).","Claims and judicial review pathway: rejected claims trigger further holding and permit court applications, introducing short statutory deadlines for litigation (s 8, s 9).","Retail compliance rule: a bright‑line display measure (shelf 2.1 m above floor) and a narrow product exemption (transparent, colourless paint) set a clear but specific compliance standard for retailers (s 10).","Enforcement and penalty specification: fixed penalty amount ($550) and prescribed classes of authorised issuers (investigators and authorised council employees) concentrate enforcement powers and clarify who may issue notices (s 11).","Repeal and savings: repeal of the 2014 Regulation with a savings clause preserves prior effects, so implementers must verify continuity rather than new substantive scope (s 2, s 12)."],"plain_english_summary":"This Regulation prescribes how police may seize, hold, dispose of and return spray‑paint cans, including required reasons, receipts and time limits, and permits court applications for return. It also sets retail display rules (shelf height and a transparent‑paint exception), prescribes a $550 penalty notice amount and who may issue notices, and repeals the 2014 Regulation but preserves existing effects.\n\nIt affects police, individuals (notably under‑18s), retailers and authorised enforcement officers by defining enforcement powers, property‑return procedures, compliance duties and disposal discretion."}},"importantCases":[],"_links":{"self":"/api/acts/graffiti-control-regulation-2021","history":"/api/acts/graffiti-control-regulation-2021/history","analysis":"/api/acts/graffiti-control-regulation-2021/analysis","conflicts":"/api/acts/graffiti-control-regulation-2021/conflicts","importantCases":"/api/acts/graffiti-control-regulation-2021/important-cases","documents":"/api/acts/graffiti-control-regulation-2021/documents"}}