Graffiti Prevention Act 2007 (Vic)

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Version No. 017

Graffiti Prevention Act 2007

No. 59 of 2007

Version incorporating amendments as at


6 August 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purpose

2Commencement

3Definitions

4Other laws not affected

Part 2—Offences

5Marking graffiti

6Marking offensive graffiti

7Possessing a prescribed graffiti implement

8Possessing a graffiti implement with intent to mark graffiti

9Advertising for sale a prescribed graffiti implement

10Sale of aerosol paint container to person under 18 years of age

11Infringement notices, penalties and offences

Part 3—Powers of search and seizure

12Issue of search warrant

13Search without warrant

14Search of persons under 18 years of age

15Conduct of searches

16Duty to make records concerning searches without warrant

17Chief Commissioner to report on searches without warrant

17ASeizure of graffiti implement

Part 4—Removal or obliteration of graffiti

18Removal of graffiti from private property

19Authorised persons

20Authorised persons to have identity card

21No compensation

22No duty to remove graffiti

Part 5—Miscellaneous

23Payment of penalties

24Forfeiture of graffiti implements

25Return of seized items when no proceedings brought etc.

26Proceeds of sale of forfeited property to be paid into Consolidated Fund

27Regulations

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Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 017

Graffiti Prevention Act 2007

No. 59 of 2007

Version incorporating amendments as at


6 August 2025

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1Purpose

The purpose of this Act is to reduce the incidence of graffiti by—

(a)creating graffiti-related offences; and

(b)providing search and seizure powers for police officers; and

(c)providing power for a Council to enter private property for the purpose of removing graffiti.

2Commencement

(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.

(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.

(3)Subject to subsection (4), sections 10, 11(2) and 11(5) come into operation on a day to be proclaimed.

(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.

3Definitions

In this Act—

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—

(a)trains operated on property of a transport company; or

(b)railway stations or bus depots on property of a transport company; or

(c)property of a transport company on any part of which trains or buses are operated—

whether or not the public place adjoins that property;

authorised officer means an authorised officer appointed under section 224 of the Local Government Act 1989;

authorised person means a person authorised under section 19;

Council has the same meaning as in the Local Government Act 2020;

designated place has the same meaning as in the Victoria Police Act 2013;

graffiti implement means…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.