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…