{"id":"graffiti-control-regulations-2013","name":"Graffiti Control Regulations 2013","slug":"graffiti-control-regulations-2013","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235596,"registerId":"sa-graffiti-control-regulations-2013-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Graffiti Control Regulations 2013","content":"South Australia\nGraffiti Control Regulations 2013\nunder the Graffiti Control Act 2001\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tGraffiti implements (section 3)\n5\tSupply to minor of prescribed class of graffiti implement (section 5)\n6\tPrescribed requirements for notice (section 6)\n7\tCarrying prescribed class of graffiti implement (section 10)\n8\tSeizure, forfeiture and return of prescribed graffiti implement (section 10C)\nSchedule 1—Revocation of Graffiti Control Regulations 2002\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Graffiti Control Regulations 2013.\n2—Commencement\nThese regulations will come into operation on the day on which the Graffiti Control (Miscellaneous) Amendment Act 2013 comes into operation.\n3—Interpretation\nIn these regulations—\nAct means the Graffiti Control Act 2001.\n4—Graffiti implements (section 3)\nFor the purposes of the definition of graffiti implement in section 3 of the Act, an indelible marker or pen with a tip of 8 millimetres or greater is prescribed.\n5—Supply to minor of prescribed class of graffiti implement (section 5)\nFor the purposes of section 5(2) of the Act, a spray paint can is a graffiti implement of a prescribed class.\n6—Prescribed requirements for notice (section 6)\nFor the purposes of section 6(1) of the Act, a notice displayed in premises from which graffiti implements are sold must comply with the following requirements:\n\t(a)\tthe notice must display the following words:\nIT IS UNLAWFUL TO SELL GRAFFITI IMPLEMENTS TO PERSONS UNDER THE AGE OF 18 YEARS. PERSONS MAY BE REQUIRED TO PRODUCE EVIDENCE OF AGE WHEN MAKING A PURCHASE;\n\t(b)\tthe words required to be displayed must appear on the notice in legible letters or numerals not less than 15 millimetres in height and be of a colour that contrasts with the background colour of the notice.\n7—Carrying prescribed class of graffiti implement (section 10)\nFor the purposes of section 10(1)(b) of the Act, the following classes of graffiti implement are prescribed:\n\t(a)\tgraffiti implements capable of spraying paint or a similar substance;\n\t(b)\tgraffiti implements designed or modified to produce a mark that—\n\t(i)\tis not readily removable by wiping or by use of water or detergent; and\n\t(ii)\tis more than 15 millimetres wide.\n8—Seizure, forfeiture and return of prescribed graffiti implement (section 10C)\n\t(1)\tFor the purposes of section 10C of the Act, a spray paint can is a graffiti implement of a prescribed class.\n\t(2)\tThe following procedures are prescribed in relation to the seizure of a graffiti implement from a person under section 10C:\n\t(a)\tif the police officer seizing the implement determines that the implement is of no apparent marketable value (whether because part of its contents have been used or for any other reason), the police officer may advise the person of that determination and the implement is, by force of this regulation, forfeited to the Crown (and may be dealt with in any manner a police officer thinks fit);\n\t(b)\tif the seized graffiti implement is not dealt with in accordance with paragraph (a), the following provisions apply:\n\t(i)\tthe police officer seizing the implement must—\n\t(A)\tadvise the person that—\n\t•\tit will be held at a specified police station for the next 7 days (the holding period); and\n\t•\the or she may make a claim for its return at that police station during the holding period (at a time during which that police station is open to the public); and\n\t(B)\tissue the person with a receipt for the implement;\n\t(ii)\tif, on the expiration of the holding period, the implement has not been claimed in accordance with subregulation (3), the implement is, by force of this regulation, forfeited to the Crown (and may be dealt with in any manner a police officer thinks fit).\n\t(3)\tA person may only make a claim for the return of a seized graffiti implement if the person satisfies a police officer that he or she had a lawful excuse for the possession of the seized graffiti implement.\nSchedule 1—Revocation of Graffiti Control Regulations 2002\nThe Graffiti Control Regulations 2002 are revoked.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2013\n178\nGazette 4.7.2013 p2979 \n3.8.2013: r 2\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: operationalising the Graffiti Control Act 2001 by defining implements, setting sale restrictions, and establishing seizure procedures. No scope creep is evident."},"complexity_factors":["Only 8 regulations plus a revocation schedule","Minimal defined terms (just 'Act' in the interpretation section)","Straightforward conditional logic with clear if/then structures","No nested cross-references to other legislation beyond the parent Act","Simple prescriptive requirements (specific measurements like 8mm, 15mm, 7 days)","Single purpose legislation with no exceptions to exceptions"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the practical rules for South Australia's graffiti laws. They define what counts as a \"graffiti implement,\" who can buy them, and what happens when police take them off someone.\n\n**Key points:**\n\n- **What counts as a graffiti implement:** Big markers (8mm tip or larger) are legally considered graffiti tools under the Act.\n\n- **Age restrictions:** It's illegal to sell spray paint cans to anyone under 18. Shops must display a warning sign with specific wording, in letters at least 15mm high, using contrasting colours.\n\n- **What you can't carry:** Police can stop and search people carrying spray paint cans or large indelible markers (marks wider than 15mm that won't wash off with water or detergent).\n\n- **What happens when police seize your stuff:**\n  - If the spray can is basically empty or worthless, police can keep it immediately.\n  - Otherwise, they must give you a receipt and hold it at a police station for 7 days.\n  - You can claim it back during that week, but only if you can prove you had a lawful reason to have it (like being a tradesperson or artist with permission).\n  - If you don't claim it, the government keeps it.\n\n**Who it affects:**\n- Shopkeepers selling art supplies or spray paint\n- Young people (under 18) who can't buy spray paint\n- Anyone carrying spray paint or large markers in public\n- Police enforcing graffiti laws\n\n**Why it matters:**\nThese regulations give police specific powers to target graffiti while setting clear rules about what they can take and how they must handle it. They also create obligations for businesses to check ages and display warnings."},"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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"These regulations revoke the Graffiti Control Regulations 2002 (Sch 1) and replace them with specific prescriptions: defined classes of graffiti implements, mandatory shop notice content/format, prescribed carrying offences, and detailed seizure/forfeiture/return procedures (ss4–8). That alters the delegated regulation's operational scope under the Graffiti Control Act by specifying concrete items, retailer duties and enforcement procedures that will apply in place of the earlier regulations."},"complexity_factors":["Technical, bright‑line definitions of implements (tip ≥8 mm; spray paint cans) narrow scope but require measurement/identification (s4, s5, s7).","Mandatory, word‑for‑word notice text plus sizing/contrast requirements creates precise compliance obligations for retailers (s6).","Prescribed offence classes include functional and durability features (sprays; marks >15 mm not readily removable), requiring factual assessment at enforcement (s7).","Seizure and forfeiture procedure gives police discretion to treat items as forfeited if of no apparent marketable value and otherwise requires a 7‑day holding period and receipt issuance (s8(2)).","Return mechanism requires the claimant to satisfy a police officer of a lawful excuse, shifting evidential burden to the claimant (s8(3)).","Regulations revoke the 2002 rules, replacing delegated regulatory detail and creating a new operative framework under the Act (Schedule 1).","Multiple cross‑references to the Graffiti Control Act mean practical effect depends on interpreting the parent Act's sections (see definitions in s3 of the Act)."],"plain_english_summary":"These regulations set out which items count as \"graffiti implements\" (for example, indelible markers with tips ≥8 mm and spray paint cans), require shops to display a specified age‑restriction notice, and prescribe classes of implements that may not be carried. They also set police procedures for seizure, a 7‑day holding period, forfeiture and return. They primarily affect retailers (notice and sale checks — s6, s5), persons under 18 (sale prohibition — s5) and police discretion over seized items (s8)."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative text was provided. The submitted content is a 'Page Not Found' error from the South Australian legislation website, containing no substantive legal provisions to analyse."},"complexity_factors":["No substantive legislative text was retrieved — the document is a website error page, not legislation","Cannot assess regulatory complexity without actual content","The only complexity present is navigational: an outdated URL caused a 404 error on the SA legislation website"],"plain_english_summary":"## ⚠️ Document Not Available\n\nThis document does not contain the actual text of the **Graffiti Control Regulations 2013 (SA)**. Instead, it shows a **'Page Not Found' error** from the South Australian legislation website, likely because an outdated link was used after the site was updated in March 2026.\n\n**What this means for you:** No analysis of the actual regulations is possible from this content. If you need to understand the Graffiti Control Regulations 2013 (SA), you should:\n- Visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly and search for the regulations\n- Contact the SA Office of Parliamentary Counsel at OPCWeb@sa.gov.au\n\n**What the Graffiti Control Regulations 2013 generally cover** (based on general knowledge, not the retrieved document): They support the *Graffiti Control Act 2001 (SA)* and typically set out rules around possessing graffiti implements, penalties, and removal obligations — but **this cannot be confirmed from the text provided**."}},"importantCases":[],"_links":{"self":"/api/acts/graffiti-control-regulations-2013","history":"/api/acts/graffiti-control-regulations-2013/history","analysis":"/api/acts/graffiti-control-regulations-2013/analysis","conflicts":"/api/acts/graffiti-control-regulations-2013/conflicts","importantCases":"/api/acts/graffiti-control-regulations-2013/important-cases","documents":"/api/acts/graffiti-control-regulations-2013/documents"}}