{"id":"nsw:sl-2026-0372","name":"Graffiti Control Regulation 2026","slug":"graffiti-control-regulation-2026","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"372 of 2026","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":530012,"registerId":"nsw-nsw:sl-2026-0372-current","compilationNumber":null,"startDate":"2026-07-29","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 2026](/view/html/inforce/current/sl-2026-0372).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This regulation commences on the day on which this regulation is published on the NSW legislation website.\n> \n> Note—\n> \n> This regulation repeals and replaces the [Graffiti Control Regulation 2021](/view/html/repealed/current/sl-2021-0458), which would otherwise be repealed on 1 September 2026 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this regulation—\n> \n> seized spray paint can has the same meaning as in section 4.\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(4)","content":"# Part 2 Seized spray paint cans—the Act, s 9(4)\n\nPart 2 Seized spray paint cans—the Act, s 9(4)","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Police officer to give reasons for seizure","content":"#### 4 Police officer to give reasons for seizure\n\n4 Police officer to give reasons for seizure\n\n> A police officer who seizes a spray paint can from a person under the Act, section 9 (a seized spray paint can) 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 the person’s 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) at least some of the contents of the spray paint can have been used, or\n> \n> > (b) the spray paint can is of negligible value.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Information about custody of seized spray paint can","content":"#### 6 Information about custody of seized spray paint can\n\n6 Information about 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 the 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 given to the person—\n> > \n> > > (a) if the receipt is given when the spray paint can is seized—by the police officer seizing the spray paint can, or\n> > \n> > > (b) if the receipt is given when the spray paint can is taken to the specified police station—by a police officer at the specified police station.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Seized spray paint can must be kept at police station","content":"#### 7 Seized spray paint can must be kept at police station\n\n7 Seized spray paint can must 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) The seized spray paint can may be disposed of if a claim for the return of the spray paint can under section 8 is not made within 7 days after the spray paint can is 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 the person from whom the spray paint can was seized.\n> \n> > (2) The spray paint can must be returned to the person if the person establishes the person—\n> > \n> > > (a) was at least 18 years of age when the spray paint can was seized, or\n> > \n> > > (b) had the spray paint can in the person’s possession for a lawful purpose.\n> \n> > (3) If the claim is rejected, the spray paint can must be kept for at least another 7 days to allow for an application to be made to a court under section 9.\n> \n> > (4) If an application is made within 7 days after the claim is rejected, the spray paint can must be kept until the application is determined.\n> \n> > (5) If an application is not made within 7 days after the claim is rejected, the spray paint can may be disposed of.","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> > (1) A person from whom a spray paint can was seized may apply to a court to have the spray paint can returned.\n> \n> > (2) The court may order that the seized spray paint can be returned to the person if the court is satisfied the person had the spray paint can in the person’s possession for a lawful purpose.","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—the Act, s 8(2)(c) and (3)","content":"#### 10 Display by retailers of spray paint cans—the Act, s 8(2)(c) and (3)\n\n10 Display by retailers of spray paint cans—the Act, s 8(2)(c) and (3)\n\n> > (1) A spray paint can is properly secured if the spray paint can is displayed on a shelf that is at least 2.1m above floor level.\n> \n> > (2) The Act, section 8 does not apply to or in relation to a spray paint can containing paint that, when applied to a surface, is transparent and colourless.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Penalty notices for offences relating to sale or display of spray paint cans—the Act, s 16(3)","content":"#### 11 Penalty notices for offences relating to sale or display of spray paint cans—the Act, s 16(3)\n\n11 Penalty notices for offences relating to sale or display of spray paint cans—the Act, s 16(3)\n\n> For a penalty notice issued under the Act, section 16, the amount of $550 is prescribed.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Prescribed classes of persons—the Act, s 16(5)(b)","content":"#### 12 Prescribed classes of persons—the Act, s 16(5)(b)\n\n12 Prescribed classes of persons—the Act, s 16(5)(b)\n\n> 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 [Local Government Act 1993](/view/html/inforce/current/act-1993-030), section 679.","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Repeal and savings","content":"#### 13 Repeal and savings\n\n13 Repeal and savings\n\n> > (1) The [Graffiti Control Regulation 2021](/view/html/repealed/current/sl-2021-0458) is repealed.\n> \n> > (2) An act, matter or thing that, immediately before the repeal of the [Graffiti Control Regulation 2021](/view/html/repealed/current/sl-2021-0458), had effect under that regulation continues to have effect under this regulation.","sortOrder":15}],"analysis":{"flash_summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"The supplied document contains no substantive material to compare with any original intent. No assessment of scope change is possible from the text provided; a copy of the full regulation is required to determine whether the regulation's scope has expanded or altered."},"complexity_factors":["No operative provisions present in the supplied text","No interpretation/definition section","No offence, penalty, or enforcement clauses","No cross-references to primary legislation or other regulations","No schedules, tables, or conditional logic to evaluate","Only duplicated website header/footer content"],"plain_english_summary":"**What this file shows:** The supplied document contains only website header/footer text and no operative provisions of a \"Graffiti Control Regulation 2026\". There are no clauses, offences, powers, penalties or duties to summarise.  \n\n**What that means:** Because no substantive regulation text is present, it is impossible to say who is regulated, what behaviours are prohibited, who enforces the rules, or what compliance costs would be. Obtain the full regulation to assess effects and obligations."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/graffiti-control-regulation-2026","history":"/api/acts/graffiti-control-regulation-2026/history","analysis":"/api/acts/graffiti-control-regulation-2026/analysis","conflicts":"/api/acts/graffiti-control-regulation-2026/conflicts","importantCases":"/api/acts/graffiti-control-regulation-2026/important-cases","documents":"/api/acts/graffiti-control-regulation-2026/documents"}}