New South Wales
Last year the NSW Government brought in the Summary Offences Amendment (Display of Spray Paint Cans) Act 2006, which requires retailers who sell spray paint cans to keep them either:
- In a locked cabinet
- In or behind a counter with no public access
- On a shelf at least 2.1 metres high
- In any other manner prescribed by the regulations.
It is also an offence to sell spray paint cans to people under 18 years – retailers are required to ask for proof of age.
Additionally, in the lead up to the 2007 elections, Morris Iemma has released a policy statement announcing that, if re-elected, he will seek to further target the problem of graffiti, including the consideration of a complete ban on the sale of spray paint cans in NSW. Obviously this is a concern to retailers who sell these items, especially in light of the expenses recently incurred by complying with the restrictions above. In response to this, the ARA has established a committee to strategically counteract the proposed ban. The ARA is also a member of AGAT (Anti-Graffiti Action Team) which is in charge of reviewing and monitoring graffiti incidents as well as developing approaches to manage and eliminate the problem in NSW without bans or restrictions. More information can be found on AGAT at: www.graffiti.nsw.gov.au/lawlink/cpd/ll_graffiti.nsf/pages/graffiti_index.
South Australia
The Graffiti Control Act 2001 states that:
- The sale of spray paint cans is illegal to individuals under 18 years
- Retailers are obligated to display a sign that states that identification
may be required when purchasing spray paint cans. The Act also stipulates that font sizes must be at least 15 millimetres and in a colour that contrasts its background
- Spray paint cans must be kept in a locked cabinet if kept in an area
accessible to the public (cans stored in restricted areas are exempt).
Victoria
The Victorian Government has recently released the Graffiti Prevention Bill, which is aimed at reducing the incidence of graffiti by:
- Creating graffiti-related offences
- Providing search and seizure powers for members of the police force
- Providing powers for authorised persons to enter private property for the purpose of removing graffiti.
Although the Bill does not specifically address the issue of sale restrictions and/or bans, the attached discussion paper refers to these methods in order to prevent graffiti. It also proposes that retailers record the identity of spray paint purchasers, which is particularly onerous.
The Glen Eira City Council has also put forward restrictions to spray paint can sales. It proposes to:
- Make it an offence for retailers to store or display such items in an area accessible to the public unless they are secured
- To ban the sale of spray paint cans to minors unless accompanied by parent/guardian, employer or teacher.
Western Australia
The City of Belmont has proposed the Graffiti Local Law 2007, which aims to increase community protection from graffiti vandalism by:
- Requiring spray paint cans to be stored or displayed in an area inaccessible to the public
- Ban the sale of such items to minors
- Make it an offence for individuals to be in possession of “restricted items” (spray paint cans, permanent markers and glass cutters) while on private property without the consent of the owner.
Queensland
The Summary Offences and Other Acts Amendment Act 2007 states that:
- The sale of spray paint cans is prohibited to minors
- The retailer is obliged to display a prohibition notice at each point of entry to their store.
What has the ARA been doing?
In response to this draft of legislation making its way across Australia, the ARA has put in several submissions to the relevant bodies outlining our concerns on behalf of the retail industry.
We have sent out surveys and spoken to various members to obtain their views and would like to thank all members who have provided us with comment.
If you would like to view any of the submissions, they are available on our website at www.ara.com.au.
If you would like to discuss any of the above, please call Naomi James or Yvonne Anderson on 02 9290 3766 or email graffiti@nsw.ara.com.au.
