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Graffiti Prevention Act 2007 - Introduced in Victoria

Posted by: [deleted]1248313515.919.7 on Tue, 08 July 2008 20:13:07

The Graffiti Prevention Act 2007 has been introduced to help tackle the problem of graffiti in Victoria. The Act commenced on the 17 April 2008 except for the spray paint cans sales restrictions, which commenced on 30 June 2008.

The Graffiti Prevention Act 2007 restricts the sale and advertising of spray paint cans.

As a Victorian retailer you have obligations under the Act when selling spray paint cans to the public.

Victorian Retailers Obligations are: 

1. Spray paint cans cannot be advertised for sale in a way that encourages or promotes the use of the cans for illegal graffiti.  (Can only be advertised for legitimate purposes eg. craft, work, auto body repairs etc.)
2. Selling a spray paint can to a minor for any purposes other than their employment is an offence.
3.  An employer or principal not taking reasonable precaution to prevent an employee or agent from selling a spray paint can to a minor for any purpose other than their employment can be fined.

An employee of a retailer that sells spray paint cans to minors also have an obligation under the law. A retailer or one of their employees can receive an on-the spot fine of $226 or a fine of up to $2,268 or be prosecuted if these laws are broken.  

At a minimum, a retailer should ensure that you know:

1. What proof of age is required to verify that a person wishing to buy spray paint cans is at least 18 years of age?
2. What proof is needed before you can sell spray paint cans to anyone under 18 years of age; and
3. Who is authorised to witness a statutory declaration for proof of age.

Any minor wishing to purchase spray paint cans for employment purposes must show the authorised personnel either a letter or a statutory declaration from their employer stating that they need the spray paint cans for their work. 

Enforcing the sales restriction

Councils are responsible for enforcing the restriction on the sale of spray paint cans, with council's authorised officers responsible for issuing fines and initiating prosecutions. 

Retailers Kit

The Victorian Government have developed and have distributed a Retailer's Kit to all retailers in Victoria that sell spray paint cans, which informs you and your staff about the new graffiti laws.   Please ensure you take the time to read this valuable resource.  The Retailer Kit includes, shelf and point-of-sale signage about the sales restriction on spray paint cans, information sheets on the graffiti laws and employers and employees obligations under the Act. 

If you wish to obtain a copy of the Retail Kit please email your details to ebaney.price@retail.org.au or email your details to graffiti@justice.vic.gov.au. 

If you wish to discuss any aspects of the Victorian legislation please contact Yvonne Anderson, Director, Trade Associations on: 1 300 368 041.

For over 104 years, the Australian Retailers Association (ARA) has been the peak industry body in Australia's $292 billion retail sector which employs over 1.2 million people. As an incorporated employer body under the Workplace Relations Act and with a range of member services including business consulting, policy development, advocacy and education, the ARA promotes and protects over 5000 independent and national retailers throughout Australia. Visit www.retail.org.au or call 1300 368 041.
 

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