Graffiti Laws

This page provides a guide to graffiti laws in NSW.

The law says that:

  • A person must not intentionally damage or deface any premises, vehicle or other property (including trees) by means of any graffiti implement.
  • A person must not have any graffiti implement in the person’s possession with the intention that it be used to damage or deface premises or other property.
  • A graffiti implement is; spray paint, a marker pen or any implement designed or modified to produce a mark that is not readily removable by wiping or by use of water or detergent.
  • Also affixing a placard or paper on any premises, or intentionally marking, by means of chalk, paint or other material, any premises with out permission.

The penalties for this are fines and up to 5 years imprisonment for malicious damage involving graffiti.

If you are under 18

A person who sells a spray paint can to a person under the age of 18 years is guilty of an offence.

 Selling spray paint (pdf)
 Buying spray paint (pdf)

A police officer is able to confiscate a spray paint can in the possession of a minor in a public place, unless the possession is for a lawful purpose.

Spray paint may be seized from a person under this section whether or not the person has been or is to be charged with any offence in connection with the person’s possession of the spray paint can.

For more information read the  Graffiti Control Bill 2008 .