Graffiti Control Act 2008

Question 1

Graffiti Control Act 2008 S.4 - Marking premises or property:

Answer 1

(3) For the purposes of this section, a person commits an offence in “circumstances of aggravation” if the person intentionally marks the premises or other property:
(a) by means of any graffiti implement, or
(b) in such a manner that the mark is not readily removable by wiping or by the use of water or detergent.

Graffiti implement (Circumstance of aggravation)

(a) spray paint,
(b) a marker pen,
(c) any implement designed or modified to produce a mark that is not readily removable by wiping or by use of water or detergent.

Question 2

Elements of a Graffiti offence (Graffiti Control Act 2008 S.4):

Answer 2

Section 4 (1) elements:
• The accused, without a reasonable excuse or prior consent;
• Intentionally
• Marks any premises or property.
– Does not apply to the marking of any public footpath or public pavement with chalk
Maximum penalty: 4 penalty units.

Section 4 (2)
• All of the above elements
• Circumstance of aggravation
Maximum penalty: 20 penalty units or Imprisonment for 12 months.
– Must only send a person to prison if they have a previous graffiti conviction or possession of graffiti implement (S. 5 GTA)

Question 3

What are the circumstances of aggravation s.4 Graffiti Control Act?

Answer 3

(a) Spray paint,
(b) A marker pen,
(c) Any implement designed or modified to produce a mark that is not readily removable by wiping or by use of water or detergent.

Question 4

What are the elements of s.4(1) Graffiti control Act?

Answer 4

• The accused,
• Without reasonable excuse or prior consent
• Intentionally
• Marks premises or property.