This website is for use by legal professionals (lawyers and law practices) only. If the information is used incorrectly, you could risk losing money or your legal rights. If you are a member of the public looking for free advice about your legal problems please visit legalaid.vic.gov.au, or contact our Legal Help advice line on 1300 792 387, Monday to Friday from 8 am to 6 pm. 

If you decide to use or rely on the information or make decisions based on the information in this website (which VLA does not recommend) VLA is not liable to you or any third party in any way for any loss, damage, costs or expenses you or they may suffer or incur as a result.

Advertising and sale

Information about restrictions on sale and promotion of spray paint cans.

Limit on sale of spray-paint

It is illegal to sell an aerosol spray-paint container to a person who is under 18 years old unless that person has a signed statutory declaration or letter from their employer which states that the young person needs the paint for work.

Penalty

Maximum penalty is:

  • 20 penalty units or
  • 2 penalty units if an infringement notice is issued.

See ss. 10, 11—Graffiti Prevention Act 2007(opens in a new window) (Vic)

Advertising restriction

It is against the law to advertise the sale of spray-paint in any way that is likely to promote or encourage unlawful graffiti. The prosecution will have to prove that the seller intended to promote or incite unlawful graffiti.

This 'promotion or incitement' extends to the website or publication where an advertisement is placed. That is, if an add for spray-paint is in a magazine that features illegal graffiti examples, the advertiser could be found to prove their intention to promote this behaviour.

See s. 9—Graffiti Prevention Act 2007(opens in a new window) (Vic)

More information

Legislation

Graffiti Prevention Act 2007 (Vic)

  • s. 3—defines graffiti, graffiti implement and graffiti offence
  • s. 9—advertising for sale a prescribed graffiti implement
  • s. 10—offence to sell a spray can to a person under 18 years old
  • s. 11—an authorised officer may issue an infringement notice for a s. 10(2) offence

See Graffiti Prevention Act 2007(opens in a new window)

Updated