{"id":"graffiti-prevention-act-2007","name":"Graffiti Prevention Act 2007","slug":"graffiti-prevention-act-2007","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173278,"registerId":"vic-graffiti-prevention-act-2007-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Graffiti Prevention Act 2007","content":"Version No. 017\n\n**Graffiti Prevention Act 2007**\n\n**No. 59 of 2007**\n\nVersion incorporating amendments as at  \n6 August 2025\n\n**table of provisions**\n\n*Section Page*\n\nPart 1—Preliminary 1\n\n1 Purpose 1\n\n2 Commencement 1\n\n3 Definitions 2\n\n4 Other laws not affected 5\n\nPart 2—Offences 6\n\n5 Marking graffiti 6\n\n6 Marking offensive graffiti 6\n\n7 Possessing a prescribed graffiti implement 6\n\n8 Possessing a graffiti implement with intent to mark graffiti 7\n\n9 Advertising for sale a prescribed graffiti implement 7\n\n10 Sale of aerosol paint container to person under 18 years of age 8\n\n11 Infringement notices, penalties and offences 8\n\nPart 3—Powers of search and seizure 10\n\n12 Issue of search warrant 10\n\n13 Search without warrant 11\n\n14 Search of persons under 18 years of age 13\n\n15 Conduct of searches 14\n\n16 Duty to make records concerning searches without warrant 15\n\n17 Chief Commissioner to report on searches without warrant 16\n\n17A Seizure of graffiti implement 16\n\nPart 4—Removal or obliteration of graffiti 18\n\n18 Removal of graffiti from private property 18\n\n19 Authorised persons 21\n\n20 Authorised persons to have identity card 21\n\n21 No compensation 22\n\n22 No duty to remove graffiti 22\n\nPart 5—Miscellaneous 23\n\n23 Payment of penalties 23\n\n24 Forfeiture of graffiti implements 23\n\n25 Return of seized items when no proceedings brought etc. 24\n\n26 Proceeds of sale of forfeited property to be paid into Consolidated Fund 26\n\n27 Regulations 26\n\nEndnotes 28\n\n1 General information 28\n\n2 Table of Amendments 30\n\n3 Explanatory details 32\n\n**Version No.** **017**\n\n**Graffiti Prevention Act 2007**\n\n**No. 59 of 2007**\n\nVersion incorporating amendments as at  \n6 August 2025\n\n**The Parliament of Victoria enacts:**\n\nPart 1—Preliminary\n\n\t1 Purpose\n\nThe purpose of this Act is to reduce the incidence of graffiti by—\n\n(a) creating graffiti-related offences; and\n\nS. 1(b) amended by No. 37/2014 s. 10(Sch. item 75.1).\n\n(b) providing search and seizure powers for police officers; and\n\n(c) providing power for a Council to enter private property for the purpose of removing graffiti.\n\n\t2 Commencement\n\n(1) Subject to subsection (2), this Act (except sections 10, 11(2) and 11(5)) comes into operation on a day or days to be proclaimed.\n\n(2) If a provision to which subsection (1) applies does not come into operation before 30 June 2008, it comes into operation on that day.\n\n(3) Subject to subsection (4), sections 10, 11(2) and 11(5) come into operation on a day to be proclaimed.\n\n(4) If a provision referred to in subsection (3) does not come into operation before 1 September 2008, it comes into operation on that day.\n\n\t3 Definitions\n\nIn this Act—\n\n***adjacent public place*** means a public place that is referred to in paragraph (a), (b), (c), (d) or (j) of the definition of ***public place*** in section 3 of the **Summary Offences Act 1966** and that is near to and visible from—\n\n(a) trains operated on property of a transport company; or\n\n(b) railway stations or bus depots on property of a transport company; or\n\n(c) property of a transport company on any part of which trains or buses are operated—\n\nwhether or not the public place adjoins that property;\n\n***authorised officer*** means an authorised officer appointed under section 224 of the **Local Government Act 1989**;\n\n***authorised person*** means a person authorised under section 19;\n\nS. 3 def. of *Council* amended by No. 9/2020 s. 390(Sch. 1 item 49).\n\n***Council*** has the same meaning as in the **Local Government Act 2020**;\n\nS. 3 def. of *designated place* inserted by No. 43/2011 s. 22, substituted by No. 37/2014 s. 10(Sch. item 75.2(b)).\n\n***designated place*** has the same meaning as in the **Victoria Police Act 2013**;\n\n***graffiti implement*** means an implement or substance that is capable of being used to mark graffiti;\n\nS. 3 def. of *graffiti offence* inserted by No. 52/2010 s. 29.\n\n***graffiti offence*** means—\n\n(a) an offence against this Act; or\n\n(b) an offence against regulation 27, 27A or 48 of the Transport (Conduct) Regulations 2005;\n\n***mark graffiti*** means write, draw, mark, scratch or otherwise deface property by any means so that the defacement is not readily removable by wiping with a dry cloth;\n\nS. 3 def. of *police officer* inserted by No. 37/2014 s. 10(Sch. item 75.2(a)).\n\n***police officer*** has the same meaning as in the **Victoria Police Act 2013**;\n\n***possession*** means—\n\n(a) actual physical possession; or\n\n(b) custody or control; or\n\n(c) having and exercising access, either solely or in common with others;\n\n***premises*** includes vehicle;\n\n***prescribed graffiti implement*** means—\n\n(a) an aerosol paint container; or\n\n(b) a graffiti implement, or an implement belonging to a class of graffiti implement, that is prescribed by the regulations;\n\n***property of a transport company*** includes—\n\n(a) any land, premises or other property owned or occupied by the transport company; and\n\n(b) any equipment installed by or on behalf of the transport company on any land or premises of the company; and\n\n(c) any tram, train or bus that is owned by the transport company or operated by it, under contract to it or on its behalf; and\n\n(d) any shelter provided for the use of passengers of any transport company that are owned by the transport company or operated by it, under contract to it or on its behalf;\n\nS. 3 def. of *protective services officer* inserted by No. 43/2011 s. 22, amended by No. 37/2014 s. 10(Sch. item 75.2(c)).\n\n***protective services officer*** means a protective services officer appointed under section 38 of the **Victoria Police Act 2013**;\n\n***public place*** has the same meaning as in the **Summary Offences Act 1966**;\n\nS. 3 def. of *transport company* amended by No. 6/2010 s. 203(1)  \n(Sch. 6 item 24) (as amended by No. 45/2010 s. 22).\n\n***transport company*** means—\n\n(a) a passenger transport company within the meaning of section 2(1) of the **Transport (Compliance and Miscellaneous) Act 1983**; or\n\n(b) a bus company within the meaning of section 2(1) of the **Transport (Compliance and Miscellaneous) Act 1983**;\n\n(c) a rail freight operator within the meaning of section 2(1) of the **Transport (Compliance and Miscellaneous) Act 1983**; or\n\n(d) a rail corporation within the meaning of section 3(1) of the **Rail Management Act 1996**.\n\n\t4 Other laws not affected\n\nThis Act does not derogate from the **Crimes Act 1958**,  the **Summary Offences Act 1966** or any other law.\n\nPart 2—Offences\n\n\t5 Marking graffiti\n\nA person must not mark graffiti on property if the graffiti is visible from a public place unless the person has first obtained the express consent of the owner, or an agent of the owner, of the property to do so.\n\n1. Level 7 imprisonment.\n\n\n\t6 Marking offensive graffiti\n\n(1) A person must not mark graffiti that is visible from a public place if the graffiti, or any part of the graffiti, would offend a reasonable person.\n\n1. Level 7 imprisonment.\n\n\n(2) Subsection (1) does not apply to graffiti that is reasonable political comment.\n\n\t7 Possessing a prescribed graffiti implement\n\n(1) A person must not, without lawful excuse, possess a prescribed graffiti implement—\n\n(a) on property of a transport company; or\n\n(b) in an adjacent public place; or\n\n(c) in a place where the person is trespassing or has entered without invitation.\n\n1. 25 penalty units.\n\n\n(2) It is a lawful excuse for the purposes of subsection (1) that the person is in possession of a prescribed graffiti implement in the course of engaging in, or carrying out any functions in relation to, his or her employment, occupation, business, trade or profession.\n\nS. 7(3) amended by Nos 43/2011 s. 23(1), 37/2014 s. 10(Sch. item 75.3(a)).\n\n(3) If a police officer or a protective services officer may exercise powers under Division 2 of Part IV of the **Drugs, Poisons and Controlled Substances Act 1981** in respect of a person under 18 years of age—\n\nS. 7(3)(a) amended by Nos 43/2011 s. 23(2), 37/2014 s. 10(Sch. item 75.3(b)).\n\n(a) the police officer or protective services officer must deal with the person in the manner set out in that Division; and\n\n(b) the person does not commit an offence against subsection (1).\n\n\t8 Possessing a graffiti implement with intent to mark graffiti\n\nA person must not possess a graffiti implement with the intention of using it to contravene section 5 or 6.\n\n1. 25 penalty units.\n\n\n\t9 Advertising for sale a prescribed graffiti implement\n\n  (1) A person must not advertise for sale a prescribed graffiti implement if the advertisement is likely to incite or promote unlawful graffiti  and the person intends the advertisement to incite or promote unlawful graffiti.\n\n1. 50 penalty units.\n\n\n  (2) In a proceeding for an offence against subsection (1), proof that the advertisement is published—\n\n(a) in a publication; or\n\n(b) on an Internet site—\n\nthat contains images or documents which incite or promote unlawful graffiti is admissible in evidence for the purpose of establishing that the advertisement is likely to incite or promote unlawful graffiti and, in the absence of evidence to the contrary, is proof of that fact.\n\n\t10 Sale of aerosol paint container to person under 18 years of age\n\n(1) In this section, ***minor*** means a person under 18 years of age.\n\n(2) A person must not sell an aerosol paint container to a minor unless the minor produces to the person a letter or statutory declaration from the employer of the minor stating that the minor requires an aerosol paint container for the purposes of his or her employment.\n\n1. 20 penalty units.\n\n\n(3) A person who is an employer or principal must take reasonable precautions to prevent an employee or agent of the person from contravening subsection (2) while performing his or her duties as employee or agent.\n\n1. 20 penalty units.\n\n\n(4) A prosecution for an offence against subsection (2) or (3) may only be commenced by an authorised officer.\n\n\t11 Infringement notices, penalties and offences\n\nS. 11(1) amended by No. 37/2014 s. 10(Sch. item 75.4).\n\n(1) A police officer may serve an infringement notice on a person who the police officer has reason to believe has committed an offence against section 7(1).\n\nS. 11(1A) inserted by No. 43/2011 s. 24.\n\n(1A) A protective services officer may serve an infringement notice on a person who the officer has reason to believe has committed an offence against section 7(1) at or in the vicinity of a designated place.\n\nS. 11(1B) inserted by No. 45/2017 s. 53(1).\n\n(1B) A protective services officer may only exercise the power to serve an infringement notice under this section in relation to a person who was at or in the vicinity of a designated place at the time of the alleged offence.\n\n(2) An authorised officer may serve an infringement notice on a person who the officer has reason to believe has committed an offence against section 10(2).\n\n(3) The offences referred to in subsections (1) and (2) for which an infringement notice may be served are infringement offences within the meaning of the **Infringements Act 2006**.\n\n(4) The infringement penalty for an offence against section 7(1) is 5 penalty units.\n\n(5) The infringement penalty for an offence against section 10(2) is 2 penalty units.\n\nPart 3—Powers of search and seizure\n\n\t12 Issue of search warrant\n\nS. 12(1) amended by No. 37/2014 s. 10(Sch. item 75.5(a)).\n\n(1) A police officer may apply to a magistrate for the issue of a search warrant in relation to particular premises if the police officer believes on reasonable grounds that there is on the premises a particular thing that may be evidence of the commission of an offence against this Act.\n\nS. 12(2) amended by Nos 37/2014 s. 10(Sch. item 75.5(b)), 6/2018 s. 68(Sch. 2 item 63).\n\n(2) If the magistrate to whom the application is made is satisfied by evidence on oath or by affirmation, whether oral or by affidavit, that there are reasonable grounds for believing that an offence against this Act has been or is being committed, the magistrate may issue a search warrant authorising the police officer named in the warrant and any assistants the police officer considers necessary—\n\n(a) to enter the premises, or the part of the premises, named or described in the warrant; and\n\n(b) to search for and seize any article, thing or material of a kind named or described in the warrant.\n\n(3) In addition to any other requirement, a search warrant issued under this section must state—\n\n(a) the alleged offence; and\n\n(b) the premises to be searched; and\n\n(c) a description of the article, thing or material for which the search is to be made; and\n\n(d) any conditions to which the warrant is subject; and\n\n(e) whether entry is authorised to be made at any time or during stated hours; and\n\n(f) a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect.\n\n(4) A search warrant must be issued in accordance with the **Magistrates' Court Act 1989** and in the form prescribed under that Act.\n\n(5) The rules to be observed with respect to search warrants mentioned in the **Magistrates' Court Act 1989** extend and apply to warrants under this section.\n\n\t13 Search without warrant\n\nS. 13(1) amended by Nos 43/2011 s. 25(1), 37/2014 s. 10(Sch. item 75.6(a)).\n\n(1) Subject to subsection (3), if a police officer, or a protective services officer on duty at a designated place, has reasonable grounds for suspecting that—\n\n(a) a person has in his or her possession a prescribed graffiti implement on property, or in a place, referred to in section 7(1); and\n\n(b) relevant evidence is likely to be lost or destroyed if a search is delayed until a search warrant is obtained; and\n\n(c) the person is 14 years of age or more—\n\nthe police officer or protective services officer may, without warrant, search the person and any vehicle, package or thing in the possession of the person and seize any prescribed graffiti implement or other evidence of an offence against this Act found during the course of the search.\n\n(2) For the purposes of subsection (1), the fact that a person is present in or near—\n\n(a) a location with a high incidence of graffiti; or\n\n(b) a location that appears to have been recently marked with graffiti—\n\nmay be taken into account in determining whether there are reasonable grounds for suspecting that the person has a prescribed graffiti implement in his or her possession.\n\nS. 13(3) amended by Nos 43/2011 s. 25(2)(a)(b), 37/2014 s. 10(Sch. item 75.6(b)(i)(ii)).\n\n(3) Before a police officer or a protective services officer commences a search of a person under subsection (1), the police officer or protective services officer must—\n\nS. 13(3)(a) amended by No. 43/2011 s. 25(2)(c).\n\n(a) inform the person of his or her name, rank and place of duty; and\n\n(b) if requested by the person, provide the information referred to in paragraph (a) in writing; and\n\nS. 13(3)(c) amended by Nos 43/2011 s. 25(2)(d), 37/2014 s. 10(Sch. item 75.6(b)(ii)).\n\n(c) produce his or her identification for inspection by the person unless the police officer or protective services officer is in uniform; and\n\nS. 13(3)(d) amended by No. 37/2014 s. 10(Sch. item 75.6(b)(iii)).\n\n(d) request the person to produce to the police officer or protective services officer any graffiti implement that is in the person's possession; and\n\n(e) if the person is or appears to be under 18 years of age, comply with sections 14 and 15.\n\nS. 13(4) amended by Nos 43/2011 s. 25(3), 37/2014 s. 10(Sch. item 75.6(c)).\n\n(4) If, before or during the conduct of a search of a person under this section, a graffiti implement is produced by or found on the person, the police officer or the protective services officer conducting the search must ask the person why he or she is in possession of that graffiti implement.\n\nS. 13(5) inserted by No. 45/2017 s. 53(2).\n\n(5) A protective services officer may only exercise any power under this section in relation to a person, or vehicle, package or thing in the possession of the person who is at or in the vicinity of a designated place.\n\n\t14 Search of persons under 18 years of age\n\n(1) A person who is or appears to be under 14 years of age must not be searched under this Act.\n\nS. 14(2) amended by Nos 43/2011 s. 26(a), 37/2014 s. 10(Sch. item 75.7(a)).\n\n(2) A police officer or a protective services officer who conducts a search under this Part of a person who is or appears to be 14 years of age or more and under 18 years of age must do so in one or more of the following ways—\n\nS. 14(2)(a) amended by Nos 43/2011 s. 26(b), 37/2014 s. 10(Sch. item 75.7(b)).\n\n(a) the police officer or protective services officer may run his or her hands over the person's outer clothing;\n\nS. 14(2)(b) amended by Nos 43/2011 s. 26(c)(i), 37/2014 s. 10(Sch. item 75.7(b)).\n\n(b) the police officer or protective services officer may request the person to remove his or her outer clothing and gloves, shoes and headgear so that the police officer or protective services officer may—\n\nS. 14(2)(b)(i) amended by No. 43/2011 s. 26(c)(ii)(iii).\n\n(i) run his or her hands over the person's clothing that was immediately under the person's outer clothing; or\n\n(ii) search the person's outer clothing and gloves, shoes and headgear.\n\n\t15 Conduct of searches\n\nS. 15(1) amended by Nos 43/2011 s. 27(a), 37/2014 s. 10(Sch. item 75.8(a)).\n\n(1) A police officer or a protective services officer must conduct a search under this Part of a person—\n\n(a) in a manner that affords reasonable privacy to the person being searched; and\n\n(b) as quickly as is reasonably practicable.\n\nS. 15(2) amended by Nos 43/2011 s. 27(a), 37/2014 s. 10(Sch. item 75.8(a)).\n\n(2) A police officer or a protective services officer who conducts a search under this Part of a vehicle, package or thing may examine the exterior and interior of the vehicle, package or thing.\n\nS. 15(3) amended by Nos 43/2011 s. 27, 37/2014 s. 10(Sch. item 75.8(b)).\n\n(3) If, before or during the conduct of a search of a person under this Part, a police officer or a protective services officer has reasonable grounds for suspecting that the person is—\n\n  (a) under 18 years of age; and\n\n(b) has in his or her possession or under his or her control a volatile substance within the meaning of Part IV of the **Drugs, Poisons and Controlled Substances Act 1981** or an item used to inhale a volatile substance; and\n\n(c) is inhaling or will inhale a volatile substance; and\n\nS. 15(3)(d) amended by Nos 43/2011 s. 27(b), 37/2014 s. 10  \n(Sch. item 75.8(b)(ii)).\n\n(d) the police officer or protective services officer may exercise powers under Division 2 of Part IV of the **Drugs, Poisons and Controlled Substances Act 1981**—\n\nthe police officer or protective services officer must cease conducting the search and deal with the person in the manner set out in that Division.\n\n\t16 Duty to make records concerning searches without warrant\n\nS. 16(1) amended by Nos 43/2011 s. 28(1)(a), 37/2014 s. 10(Sch. item 75.9(a)(i)).\n\n(1) A police officer or a protective services officer who conducts a search under section 13 must make a written record of the search containing the following information—\n\nS. 16(1)(a) amended by Nos 43/2011 s. 28(1)(b), 37/2014 s. 10(Sch. item 75.9(a)(ii)).\n\n(a) the police officer's or protective services officer's name, rank and place of duty;\n\n(b) the date of the search;\n\n(c) the time of the search;\n\n(d) the place where the search took place;\n\n(e) the name of the person searched and, if applicable, a description of any clothing, vehicle, package or thing searched;\n\n(f) the grounds relied on for conducting the search;\n\n(g) a description of any item seized from the person searched.\n\n(2) The record must be made as soon as practicable after the completion of the search.\n\n(3) A person subjected to a search under section 13 is entitled, on request and without charge, to a copy of the record of the search, if the request is made not later than one year after the date of the search.\n\nS. 16(4) amended by Nos 43/2011 s. 28(2), 37/2014 s. 10(Sch. item 75.9(b)).\n\n(4) A request under subsection (3) is made to the officer in charge of the place of duty, referred to in section 13(3)(a), of the police officer or protective services officer who conducted the search.\n\n\t17 Chief Commissioner to report on searches without warrant\n\nThe Chief Commissioner of Police must provide to the Minister for inclusion in the annual report of operations under Part 7 of the **Financial Management Act 1994** a report containing—\n\n(a) the number of searches without warrant under section 13 conducted during that financial year; and\n\n(b) the number and type of graffiti implements found during the course of those searches; and\n\n(c) any other information requested by the Minister.\n\nS. 17A inserted by No. 52/2010 s. 30.\n\n\t17A Seizure of graffiti implement\n\n(1) An authorised transport officer may seize from a person a graffiti implement, using reasonable force if necessary, if the authorised transport officer believes on reasonable grounds that the graffiti implement has been, or will be, used to commit a graffiti offence.\n\n(2) Despite subsection (1), an authorised transport officer must not seize a graffiti implement under that subsection unless—\n\n(a) the authorised transport officer—\n\n(i) has complied with the requirements of section 218B of the **Transport (Compliance and Miscellaneous) Act 1983**; and\n\n(ii) informed the person in possession of the graffiti implement of the grounds for his or her belief that the graffiti implement has been, or will be, used to commit a graffiti offence; and\n\n(iii) asked the person to hand over the graffiti implement; and\n\n(iv) informed the person that the authorised transport officer has the power under this Act to seize the graffiti implement in these circumstances; and\n\n(b) the graffiti implement is fully or partially visible immediately before it is seized.\n\n(3) If the person voluntarily hands over the graffiti implement, the graffiti implement is taken to have been seized under this section.\n\n(4) Nothing in this section authorises an authorised transport officer to search a person or to seize anything that is not fully or partially visible immediately before it is seized.\n\nS. 17A(5) amended by No. 61/2011 s. 25(Sch. 2 item 2).\n\n(5) In this section, ***authorised transport officer*** means a person authorised by the Secretary under section 221A or 221AB of the **Transport (Compliance and Miscellaneous) Act 1983**.\n\nPart 4—Removal or obliteration of graffiti\n\n\t18 Removal of graffiti from private property\n\n(1) A Council may, in accordance with this section, take any action necessary to remove or obliterate graffiti on private property if the graffiti is visible from a public place.\n\n(2) A Council may enter private property for the purposes of subsection (1) if—\n\n(a) the Council has served a notice under this section on the owner or occupier of the property at least 28 days before the action to remove or obliterate the graffiti is proposed to be taken; and\n\n(b) the owner or occupier of the property has given written consent to—\n\n(i) the removal or obliteration of the graffiti; and\n\n(ii) entry to the property for that purpose.\n\n(3) If entry to private property is not necessary for the purposes of subsection (1)—\n\n(a) the Council must serve a notice under this section on the owner or occupier of the property at least 10 days before the action to remove or obliterate the graffiti is proposed to be taken; and\n\n(b) the Council may take the action if the owner or occupier of the property—\n\n(i) gives written consent to the removal or obliteration of the graffiti; or\n\n(ii) does not object, in accordance with the notice, to the action being taken.\n\nS. 18(3A) inserted by No. 52/2010 s. 31.\n\n(3A) Within 12 months after a Council has taken action under subsection (3) to remove or obliterate graffiti on private property and subject to subsection (3B), the Council may take further action to remove or obliterate graffiti subsequently marked on the property without giving notice to, or obtaining the consent of, the owner or occupier.\n\nS. 18(3B) inserted by No. 52/2010 s. 31.\n\n(3B) A Council may not take further action under subsection (3A) to remove or obliterate graffiti marked on a property if the Council has received from the owner or occupier of the property an objection to the further action being taken.\n\n(4) A notice referred to in subsection (2)(a) or (3)(a) must—\n\n(a) give particulars of the action proposed to remove or obliterate the graffiti; and\n\n(b) specify the date on which the action is proposed to be taken; and\n\n(c) specify the manner of objecting to the proposed action; and\n\n(d) inform the owner or occupier of the terms of section 21.\n\n(5) A notice under this section may be addressed by the description of \"the owner\" or \"the occupier\" of the property (naming it) in respect of which the notice is given, without further name or description.\n\n(6) A notice under this section may be served—\n\n(a) by delivering it personally to the person to be served; or\n\n(b) by leaving it at that person's usual or last known place of residence with a person apparently over the age of 16 years and apparently residing there; or\n\n(c) by sending it by post addressed to that person's usual or last known place of residence; or\n\n(d) if that person's name and address are not known to the server, by posting it up on a conspicuous part of the property in respect of which the notice is given.\n\n(7) The proposed action to remove or obliterate graffiti must not be taken if—\n\n(a) where entry to private property is necessary, the owner or occupier does not give written consent as required by subsection (2)(b); or\n\n(b) where entry to private property is not necessary, the owner or occupier objects to the proposed action in the manner specified in the notice referred to in subsection (3)(a) at any time before the proposed action is taken.\n\n(8) In taking action to remove or obliterate graffiti under this section, a Council must—\n\n(a) take reasonable steps to consult with the owner or occupier of the property in relation to the manner in which the action is to be taken; and\n\n(b) if entry to private property is necessary, ensure that the work is carried out by an authorised person; and\n\n(c) ensure, as far as is practicable, that the work is carried out—\n\n(i) expeditiously and in such a way as to avoid unnecessary inconvenience or disruption to the owner or occupier of the property; and\n\n(ii) with reasonable care and to a reasonable standard.\n\n\t19 Authorised persons\n\n(1) A Council may authorise a person in writing to carry out the Council's functions under section 18.\n\n(2) In determining whether to authorise a person under subsection (1), a Council must consider whether the person—\n\n(a) has the relevant knowledge and experience and is competent to exercise the functions conferred on an authorised person under this Part; and\n\n(b) is of good repute, having regard to character, honesty and integrity; and\n\n(c) has agreed in writing to exercise the functions and powers conferred on an authorised person under this Part in accordance with performance criteria determined from time to time by the Council.\n\n(3) An authorisation under this section is for the term, and subject to the conditions, specified in the authorisation.\n\n\t20 Authorised persons to have identity card\n\n(1) A Council must issue an identity card to a person authorised under section 19.\n\n(2) An identity card under subsection (1) must—\n\n(a) contain a photograph of the authorised person; and\n\n(b) contain the signature of the authorised person; and\n\n(c) be signed by a member of staff of the Council authorised by the Council to do so, either generally or in a particular case.\n\n(3) An authorised person who is exercising a power or performing a function under section 18 must produce his or her identity card on being requested to do so.\n\n(4) Any action taken or thing done by an authorised person is not invalidated by his or her failure to produce his or her identity card.\n\n\t21 No compensation\n\nNo compensation is payable in respect of any loss, damage or injury to property resulting from or arising out of any act or omission done in good faith by any person in the exercise of a power or the performance of a function under this Part.\n\n\t22 No duty to remove graffiti\n\nNothing in this Part imposes a duty on a Council to remove or obliterate graffiti from private property.\n\nPart 5—Miscellaneous\n\n\t23 Payment of penalties\n\nIf an authorised officer appointed by a Council prosecutes an offence against section 10(2), all penalties recovered in relation to the offence must be paid into the municipal fund of that Council.\n\n\t24 Forfeiture of graffiti implements\n\n(1) If a court—\n\nS. 24(1)(a) amended by No. 52/2010 s. 32.\n\n(a) finds a person guilty of a graffiti offence; or\n\nS. 24(1)(b) amended by No. 52/2010 s. 32.\n\n(b) finds a person not guilty of a graffiti offence because of mental impairment—\n\nthe graffiti implement to which the offence relates is forfeited to the Crown and may be sold or destroyed, unless the court orders that it be returned to the person.\n\n(2) If a person is served with an infringement notice for an offence against section 7(1) and—\n\n(a) the person pays the infringement penalty in full under the **Infringements Act 2006** or otherwise; or\n\n(b) the person commences to pay the infringement penalty by payment plan under section 48 of the **Infringements Act 2006**; or\n\n(c) the infringement notice is withdrawn under section 18 of the **Infringements Act 2006** and an official warning is served on the person in accordance with section 8 of that Act; or\n\nS. 24(2)(ca) inserted by No. 47/2014 s. 264(a).\n\n(ca) the person commences a payment arrangement under section 47 of the **Fines Reform Act 2014**; or\n\nS. 24(2)(cb) inserted by No. 47/2014 s. 264(a).\n\n(cb) a notice of final demand under the **Fines Reform Act 2014** is served in relation to the infringement offence; or\n\nS. 24(2)(d) amended by No. 47/2014 s. 264(b).\n\n(d) an enforcement order under Schedule 3 to the **Children, Youth and Families Act 2005** is made in relation to the infringement offence and any action is taken to enforce that enforcement order—\n\nthe graffiti implement to which the offence relates is forfeited to the Crown and may be sold or destroyed.\n\n(3) A graffiti implement forfeited under subsection (1) must not be sold or destroyed until the period for an appeal has expired or, if an appeal has been lodged, the appeal has been dismissed.\n\n\t25 Return of seized items when no proceedings brought etc.\n\n(1) An article, thing or material which has been seized in relation to an offence against this Act must be returned to the person from whom it was seized if—\n\n(a) proceedings for that offence are not commenced within the period of 3 months after the seizure; or\n\n(b) a decision is made within that period not to bring proceedings for that offence; or\n\n(c) the person is found not guilty of the offence (other than not guilty because of mental impairment); or\n\n  (d) in the case of an infringement notice served for an offence against section 7(1), the infringement notice—\n\n(i) is withdrawn on the ground that no further action will be taken in relation to the offence; or\n\nS. 25(1)(d)(ii) amended by No. 47/2014 s. 265.\n\n(ii) is cancelled under section  25(2A)(a) of the **Infringements Act 2006** or under clause 16 of Schedule 3 to the **Children, Youth and Families Act 2005** and the seized article, thing or material has not been sold or destroyed.\n\nS. 25(2) substituted by No. 52/2010 s. 33.\n\n(2) If a seized article, thing or material is required under subsection (1) to be returned to the person from whom it was seized, notice must be given to that person of his or her right to have it returned.\n\nS. 25(2A) inserted by No. 52/2010 s. 33.\n\n(2A) For the purposes of subsection (2), the notice must be given—\n\nS. 25(2A)(a) amended by Nos 70/2013 s. 4(Sch. 2 item 22), 37/2014 s. 10(Sch. item 75.10), 25/2025 s. 106(Sch. 1 item 18).\n\n(a) if the article, thing or material was seized under section 17A by an authorised transport officer and has not been handed over to a police officer, by the person in the Department of Transport and Planning or the passenger transport or bus company, as the case may be, who is responsible for the custody of the article, thing or material; or\n\nS. 25(2A)(b) amended by No. 37/2014 s. 10(Sch. item 75.10).\n\n(b) otherwise, by the police officer in charge of the police station at which the seized article, thing or material is kept.\n\n(3) A person to whom notice is given under subsection (2) may apply within 7 days after receipt of the notice for the return of the seized article, thing or material.\n\n(4) If an application is not made in accordance with subsection (3), the seized article, thing or material is forfeited to the Crown and may be sold or destroyed.\n\n(5) A person who applies in accordance with subsection (3) for the return of a seized article, thing or material must collect it from the police station at which it is kept.\n\n(6) If the person who applies for the return of a seized article, thing or material is under 18 years of age, the seized article, thing or material must not be returned to the person unless he or she is accompanied by his or her parent or guardian when collecting it.\n\n\t26 Proceeds of sale of forfeited property to be paid into Consolidated Fund\n\nThe proceeds of the sale of any property forfeited to the Crown under this Act must be paid into the Consolidated Fund.\n\n\t27 Regulations\n\n(1) The Governor in Council may make regulations for or with respect to—\n\n(a) prescribing graffiti implements for the purposes of the definition of ***prescribed graffiti implement***; and\n\n(b) the manner in which searches and seizures under this Act are to be carried out; and\n\n(c) prescribing forms; and\n\n(d) generally prescribing any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.\n\n(2) The regulations—\n\n(a) may be of general or limited application;\n\n(b) may differ according to differences in time, place or circumstance;\n\n(c) may confer a discretionary authority or impose a duty on a specified person or body or class of persons or bodies.\n\nS. 28 repealed by No. 59/2007 s. 28(2).\n\n* * * * *\n\n\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\n *Minister's second reading speech—*\n\n *Legislative Assembly: 20 September 2007*\n\n *Legislative Council: 11 October 2007*\n\nThe long title for the Bill for this Act was \"A Bill for an Act to provide measures for the minimisation of graffiti, to create graffiti-related offences, to provide for the removal of graffiti and for other purposes.\"\n\nThe **Graffiti Prevention Act 2007** was assented to on 27 November 2007 and came into operation as follows:\n\nSections 1–9, 11(1)(3)(4) and 12–28 on 17 April 2008; sections 10, 11(2) and (5) on 30 June 2008: Government Gazette 17 April 2008 page 742.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Graffiti Prevention Act 2007** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Graffiti Prevention Act 2007, No. 59/2007**\n\n| Assent Date: | 27.11.07 |\n| --- | --- |\n| Commencement Date: | S. 28(2) on 1.9.09: s. 28(2) |\n| Current State: | This information relates only to the provision/s amending the **Graffiti Prevention Act 2007** |\n\n\n**Transport Integration Act 2010, No. 6/2010** (as amended by No. 45/2010)\n\n| Assent Date: | 2.3.10 |\n| --- | --- |\n| Commencement Date: | S. 203(1)(Sch. 6 item 24) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Graffiti Prevention Act 2007** |\n\n\n**Firearms and Other Acts Amendment Act 2010, No. 52/2010**\n\n| Assent Date: | 7.9.10 |\n| --- | --- |\n| Commencement Date: | Ss 29–33 on 1.11.10: Government Gazette 28.10.10 p. 2583 |\n| Current State: | This information relates only to the provision/s amending the **Graffiti Prevention Act 2007** |\n\n\n**Justice Legislation Amendment (Protective Services Officers) Act 2011,  \nNo. 43/2011**\n\n| Assent Date: | 6.9.11 |\n| --- | --- |\n| Commencement Date: | Ss 22−28 on 28.11.11: Special Gazette (No. 379) 22.11.11 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Graffiti Prevention Act 2007** |\n\n\n**Transport Legislation Amendment (Public Transport Development Authority) Act 2011, No. 61/2011**\n\n| Assent Date: | 15.11.11 |\n| --- | --- |\n| Commencement Date: | S. 25 on 15.12.11: Special Gazette (No. 407) 13.12.11 p. 1; Sch. 2 item 2 on 2.4.12: Special Gazette (No. 101) 27.3.12 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Graffiti Prevention Act 2007** |\n\n\n**Statute Law Revision Act 2013, No. 70/2013**\n\n| Assent Date: | 19.11.13 |\n| --- | --- |\n| Commencement Date: | S. 4(Sch. 2 item 22) on 1.12.13: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Graffiti Prevention Act 2007** |\n\n\n**Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014**\n\n| *Assent Date:* | 3.6.14 |\n| --- | --- |\n| *Commencement Date:* | S. 10(Sch. item 75) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |\n| *Current State:* | This information relates only to the provision/s amending the **Graffiti Prevention Act 2007** |\n\n\n**Fines Reform Act 2014, No. 47/2014**\n\n| *Assent Date:* | 1.7.14 |\n| --- | --- |\n| *Commencement Date:* | Ss 264, 265 on 31.12.17: Special Gazette (No. 443) 19.12.17 p. 1 |\n| *Current State:* | This information relates only to the provision/s amending the **Graffiti Prevention Act 2007** |\n\n\n**Justice Legislation Amendment (Protective Services Officers and Other Matters) Act 2017, No. 45/2017**\n\n| *Assent Date:* | 26.9.17 |\n| --- | --- |\n| *Commencement Date:* | S. 53 on 1.4.18: Special Gazette (No. 136) 27.3.18 p. 3 |\n| *Current State:* | This information relates only to the provision/s amending the **Graffiti Prevention Act 2007** |\n\n\n**Oaths and Affirmations Act 2018, No. 6/2018**\n\n| Assent Date: | 27.2.18 |\n| --- | --- |\n| Commencement Date: | S. 68(Sch. 2 item 63) on 1.3.19: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Graffiti Prevention Act 2007** |\n\n\n**Local Government Act 2020, No. 9/2020**\n\n| Assent Date: | 24.3.20 |\n| --- | --- |\n| Commencement Date: | S. 390(Sch. 1 item 49) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Graffiti Prevention Act 2007** |\n\n\n**Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025, No. 25/2025**\n\n| Assent Date: | 5.8.25 |\n| --- | --- |\n| Commencement Date: | S. 106(Sch. 1 item 18) on 6.8.25: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Graffiti Prevention Act 2007** |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The original 2007 Act focused on police powers and council graffiti removal. Through amendments, the scope expanded significantly to include: (1) Protective Services Officers (PSOs) being granted search and infringement powers from 2011 onwards, effectively creating a secondary police-like enforcement layer limited to 'designated places'; (2) Authorised transport officers being given seizure powers in 2010, extending enforcement beyond police to transport staff; (3) Integration with the Fines Reform Act 2014 and Infringements Act 2006 creating complex administrative enforcement pathways; and (4) The 2010 amendment allowing councils to bypass repeated consent requirements for graffiti removal within 12-month windows, shifting from one-off consent to ongoing implied permission. The Act has evolved from a straightforward graffiti offence statute into a multi-agency enforcement framework spanning police, PSOs, transport officers, and local councils."},"complexity_factors":["Multiple amendment layers (17 versions since 2007) creating fragmented text with extensive sidenotes referencing amending Acts","Cross-references to at least 6 other Acts (Summary Offences Act 1966, Victoria Police Act 2013, Drugs Poisons and Controlled Substances Act 1981, Transport (Compliance and Miscellaneous) Act 1983, Infringements Act 2006, Fines Reform Act 2014, Local Government Act 2020)","Nested conditional logic in search powers - section 13 requires simultaneous satisfaction of multiple grounds (reasonable suspicion + risk of evidence loss + age 14+) plus specific procedural steps before searching","Dual enforcement pathways (courts vs infringement notices) with different forfeiture consequences outlined in section 24","Geographic and jurisdictional limitations on PSO powers (designated places only) added through later amendments creating parallel but distinct enforcement regimes","Complex notice and consent requirements for council entry with different timeframes (28 days vs 10 days) depending on whether physical entry is required","18 defined terms in section 3, several incorporating definitions from other statutes by reference (e.g., 'Council', 'police officer', 'designated place')"],"plain_english_summary":"**What this law does:**\n\nThis is a Victorian law designed to crack down on graffiti by creating specific offences, giving police and other officers special search powers, and allowing local councils to clean up graffiti on private property without the owner's ongoing permission in some cases.\n\n**Who it affects:**\n\n- **Young people and graffiti artists** – It's illegal to mark graffiti visible from public places without the property owner's express permission. There's a specific offence for \"offensive\" graffiti (though political comment is protected). Possessing spray paint or other \"graffiti implements\" near trains, buses, or railway stations can get you searched and fined.\n- **Retailers** – It's an offence to sell aerosol paint to anyone under 18 unless they have a letter from their employer proving they need it for work. Shops also can't advertise spray paint in ways that promote illegal graffiti.\n- **Police and Protective Services Officers (PSOs)** – They get special powers to search people without a warrant if they suspect someone has graffiti tools near transport property, and can seize those tools.\n- **Local councils** – They can enter private property to remove graffiti that's visible from the street, provided they give notice and get initial consent (with some exceptions for repeat clean-ups within 12 months).\n- **Transport officers** – Authorised officers can seize visible graffiti implements from people on public transport if they believe they'll be used to commit an offence.\n\n**Key things to know:**\n\n- **Search powers are significant** – Police and PSOs can search you without a warrant if you're near transport property and they suspect you have spray paint or markers, provided they think evidence might be lost if they wait. They can't search anyone under 14.\n- **Forfeiture rules are strict** – If you're caught with graffiti tools, they can be seized and permanently forfeited (sold or destroyed) even if you just pay an on-the-spot fine.\n- **Councils get broad access** – Once a property owner initially agrees to let the council remove graffiti, the council can return within 12 months to clean up new graffiti without asking again, unless the owner specifically objects.\n- **No compensation** – If a council damages your property while removing graffiti, you can't claim compensation if they acted in good faith.\n\n**Why it matters:**\n\nThis law gives authorities extensive powers to stop graffiti before it happens (through searches and seizures) and clean it up quickly afterwards. It criminalises possession of everyday items like spray paint in specific locations, and creates a framework where local governments can override usual property rights to maintain public aesthetics. The balance between crime prevention and civil liberties—particularly around warrantless searches of young people near train stations—has made this a significant piece of public order legislation."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act retains its original purpose of reducing graffiti (s 1) but its operational scope has expanded through amendments. Notable scope additions include: (a) empowering protective services officers and authorised transport officers with limited search/seizure or infringement powers in designated transport settings (ss 11(1A), 13, 17A) (added by later amending Acts); (b) additional procedural detail and reporting duties for warrantless searches and seizures (ss 16–17); (c) expanded forfeiture/return arrangements linked to the Infringements and Fines Reform regimes (ss 24–25, and amendment notes referencing Fines Reform Act 2014); and (d) the ability to prescribe broader classes of implements by regulation (s 27). Those changes broadened enforcement channels (more classes of officers, transport settings) and tightened procedural and disposal rules beyond the original text, increasing the Act’s operational reach into policing, transport enforcement and local government removal practices (see ss 11, 13, 17A, 18, 24–27 and amendment table)."},"complexity_factors":["Multiple defined terms and cross‑references to at least six other Acts (Victoria Police Act 2013; Local Government Act 2020; Transport (Compliance and Miscellaneous) Act 1983; Drugs, Poisons and Controlled Substances Act 1981; Infringements Act 2006; Magistrates' Court Act 1989) (see s 3 and many provisions).","Numerous conditional search/seizure rules with age thresholds and location conditions (detailed in ss 13–15).","Procedural complexity for council removal powers: different notice periods and consent rules depending on whether entry is necessary, repeat action within 12 months, objection mechanisms (s 18(2)–(4), (3A)–(3B)).","Layered enforcement pathways: criminal offences, infringement notices, authorised‑officer prosecutions, and forfeiture/disposal rules (Parts 2, 5; ss 11, 24–26).","Multiple penalties and legislative items (penalty units, imprisonment levels, infringement unit amounts) across provisions (ss 5–11).","Amendment history and inserted provisions (many sch. items noted) increasing interpretive complexity and legacy cross‑references (see table of amendments and marginal notes).","Regulations power with broad scope (s 27) that can add further categories of prescribed implements and procedural rules. "],"plain_english_summary":"**What this law does (mechanics first)**\n\n- Creates criminal offences about graffiti: marking graffiti visible from a public place (s 5), marking graffiti that would offend a reasonable person (s 6) (with a carve‑out for reasonable political comment), possessing or possessing with intent a graffiti implement (ss 7–8), advertising implements intended to incite illegal graffiti (s 9), and restrictions on sale of aerosol paint to minors (s 10). Infringement (on‑the‑spot) penalties are available for certain offences (s 11).\n\n- Defines key terms and what counts as a “prescribed graffiti implement” (s 3) and lets the government specify additional implements by regulation (s 27(1)(a)).\n\n- Provides police powers to obtain search warrants for premises (s 12) and, in specified situations, to search people without a warrant and seize implements or evidence (s 13). Searches of children and young people are subject to special rules (ss 14–16). The Chief Commissioner must report on warrantless searches (s 17).\n\n- Allows authorised transport officers to seize visible graffiti implements in transport settings (s 17A), subject to procedural safeguards (s 17A(2)).\n\n- Gives local councils power to remove or obliterate graffiti on private property that is visible from a public place (s 18). Councils must give notice, obtain written consent when entry is required, may authorise people to perform the work (ss 19–20) and are protected from compensation liability for good‑faith action (s 21). Councils are not obliged to remove graffiti (s 22).\n\n- Provides for forfeiture or return of seized implements, and for disposal/sale of forfeited items (ss 24–26). Rules about returning seized items and time limits are set out (s 25).\n\n- Gives broad regulation‑making power to prescribe implements, forms and search/seizure procedures (s 27).\n\n**Who this affects**\n\n- People who mark property (potential criminal liability under ss 5–6).  \n- Young people and their carers: possession and sale rules target minors (ss 7, 10, 14).  \n- Retailers and suppliers of aerosol paint or other prescribed implements (s 10; s 27 for prescriptions).  \n- People found with implements in or near transport property or other specified locations (ss 7, 13, 17A).  \n- Police, protective services officers and authorised transport officers — they get search, seizure and reporting powers (ss 12–17A).  \n- Local councils — power and administrative burden to remove graffiti, authorise contractors and serve notices (ss 18–21, 23).  \n- Property owners — may be subject to council action to remove visible graffiti, with notice requirements (s 18).\n\n**Why it matters (official purpose and operational effects)**\n\n- The Act’s stated purpose is to reduce graffiti by creating offences, enabling searches and seizures and enabling councils to remove graffiti (s 1). Mechanically, it does that by: (a) criminalising specified conduct and imposing infringement options (Parts 2 and 5), (b) equipping enforcement officers with warrant and limited no‑warrant powers (Part 3), and (c) giving councils a statutory route to remove graffiti from private property visible from public places (Part 4).\n\n**Practical consequences, incentives and trade‑offs (mechanisms, with section citations)**\n\n- Enforcement intensity and discretion: police and protective services officers may search without warrant in narrowly defined circumstances (s 13). That gives enforcement agencies flexible, immediate tools but concentrates discretion in officers; the Act requires written records and an annual report to the Minister (ss 16–17) which creates accountability but also administrative cost.\n\n- Effects on suppliers and retailers: sale of aerosol paint to persons under 18 is restricted and prosecutions may only be commenced by authorised officers (s 10). That imposes compliance costs on retailers (identity checks, record‑keeping, managerial precautions under s 10(3)). The Act also allows regulations to prescribe other implements as prohibited for possession or sale (s 27(1)(a)).\n\n- Targeting transport property: possession offences and search/seizure powers explicitly cover transport company property and adjacent public places (ss 3, 7, 13, 17A). This concentrates benefits (reduced vandalism risk) for transport operators but may shift illegal activity elsewhere (displacement effect).\n\n- Impact on property owners: councils can remove graffiti that is visible from a public place after serving notices (s 18). If entry is required, written consent is needed (s 18(2)(b)). Where entry is not required, councils may act if the owner does not object to a notice (s 18(3)); councils may act again within 12 months without fresh notice unless the owner objects (s 18(3A)–(3B)). Councils are not required to remove graffiti (s 22) and are protected from compensation claims for good‑faith actions (s 21). The net effect is that councils can intervene to keep public visibility clear, but property owners retain limited procedural rights (notice and ability to object).\n\n- Forfeiture and disposal: courts can order implements forfeited on conviction (s 24). Seized items must be returned if no proceedings are brought within 3 months or other return conditions are met (s 25). Proceeds from sales of forfeited items go to the Consolidated Fund (s 26). This removes instruments from repeat offenders but shifts disposal proceeds to public coffers rather than back to local councils (compare s 23 on local payment of penalties).\n\n- Protections for minors and interaction with other laws: searches of under‑18s are restricted (s 14); where volunteers of other Acts apply (Drugs, Poisons and Controlled Substances Act), officers must follow those procedures (ss 7(3), 15(3)). The Act cross‑references a number of other Acts (see s 3 definitions and multiple cross‑refs), which both integrates it into existing enforcement frameworks and increases compliance complexity.\n\n**Who pays and who decides**\n\n- Decision makers: police, protective services officers, authorised transport officers (limited to designated places), and local councils exercise the principal enforcement and removal decisions (ss 12–17A, 18–20). Magistrates issue search warrants (s 12).\n\n- Costs: retailers and suppliers face compliance costs for sales restrictions (s 10). Councils bear administrative and operational costs to give notice, authorise contractors and carry out removal (ss 18–20), although penalties collected by a council in prosecutions under s 10(2) must be paid into that council’s municipal fund (s 23). Proceeds of forfeited property are paid into the Consolidated Fund (s 26).\n\n**Implementation risks and compliance burden**\n\n- Cross‑legislative complexity: the Act depends on procedures and definitions in multiple other Acts (e.g. Victoria Police Act, Local Government Act, Transport Acts, Drugs/Poisons Act, Infringements Act) (see s 3 and cross‑refs). That increases training needs and legal complexity for officers and councils.\n\n- Discretion and civil‑liberties balance: warrantless search powers (s 13), seizure powers (s 17A) and the ability to search persons in certain locations may raise operational judgement calls; the Act requires records and reporting (ss 16–17) but relies on officer assessment of “reasonable grounds.”\n\n- Administrative burden on councils: notice procedures, authorisations, identity‑card requirements for authorised contractors, and practical standards for work (ss 18–20, 21) create governance and cost obligations.\n\n**Bottom line**\n\n- The Act establishes a legal framework of offences, enforcement powers and local council intervention aimed at reducing visible graffiti (s 1). It shifts responsibilities and costs across several groups: law‑enforcement agencies gain expanded tools (with procedural safeguards), councils gain statutory removal powers and administrative obligations, retailers face sale and advertising restrictions affecting minors and some implements, and property owners have defined notice and objection rights (ss 5–27)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on available information, the Act appears to have remained consistent with its original purpose of graffiti prevention and deterrence. No significant scope expansion or contraction is evident from the version history provided, though the consolidated version suggests some amendments have been made since the original 2007 enactment."},"complexity_factors":["Multiple categories of affected parties (individuals, retailers, councils, police) with different obligations for each","Intersection of criminal law, property law, and retail regulation","Age-based restrictions on product sales require retailers to make judgment calls","Enforcement powers require understanding of what constitutes a 'graffiti implement' under the Act","Limited source text provided — full complexity of the Act cannot be fully assessed from the metadata alone"],"plain_english_summary":"The Graffiti Prevention Act 2007 (Vic) targets unauthorised marking by creating offences, restricting sales of graffiti implements to minors, and giving police and local agencies powers to require removal and enforce penalties. It affects property owners, retailers, young people and adults who commit graffiti, and councils responsible for cleanup — aiming to reduce costs, protect public amenity and deter repeat offending through fines, community service and removal orders."}},"importantCases":[],"_links":{"self":"/api/acts/graffiti-prevention-act-2007","history":"/api/acts/graffiti-prevention-act-2007/history","analysis":"/api/acts/graffiti-prevention-act-2007/analysis","conflicts":"/api/acts/graffiti-prevention-act-2007/conflicts","importantCases":"/api/acts/graffiti-prevention-act-2007/important-cases","documents":"/api/acts/graffiti-prevention-act-2007/documents"}}