Legal
Unsure about how graffiti related laws affect urban art? Unsure about your rights and responsibilities when handling art materials?
Urban Art vs Graffiti Vandalism
Graffiti Vandalism means you do not have permission from the owners of the property you are marking.
Urban Art is created when you have received permission.
GRAFFITI RELATED LAWS (Western Australia)
Criminal Code Act
206. Supplying intoxicants to people likely to abuse them
(1) In this section -
intoxicant means a drug, or a volatile or other substance, capable of intoxicating a person, but does not include liquor as defined in the Liquor Control Act 1988; volatile substance means a substance that produces a vapour at room temperature.
(2) A person who sells or supplies an intoxicant to another person in circumstances where the person knows, or where it is reasonable to suspect, that that or another person will use it to become intoxicated is guilty of an offence and is liable to imprisonment for 12 months and a fine of $12 000.
216. Selling graffiti implements to children
(1) In this section -
graffiti implement means any of these -
(a) a can of spray paint;
(b) a pen, marker pen, or similar implement, that -
(i) has a tip over 6 mm wide; and
(ii) contains a fluid that is not water soluble and that is capable of marking a surface.
(2) A person who sells a graffiti implement to a child commits an offence and is liable -
(a) for a first offence, to a fine of $6 000;
(b) for a subsequent offence, to a fine of $12 000.
(3) It is a defence to a charge of an offence under subsection (2) to prove the accused, or a person acting on behalf of the accused, believed on reasonable grounds that the person to whom the implement was sold had reached 18 years of age.
444. Criminal damage
Any person who wilfully and unlawfully destroys or damages any property is guilty of a crime and is liable
(a) if the property is destroyed or damaged by fire, to imprisonment for 14 years or, if the offence is committed in circumstances of racial aggravation, to imprisonment for 20 years; or
(b) if the property is not destroyed or damaged by fire, to imprisonment for 10 years or, if the offence is committed in circumstances of racial aggravation, to imprisonment for 14 years.
Alternative offence: s. 445.
Summary conviction penalty: for an offence where -
(a) the property is not destroyed or damaged by fire; and
(b) the amount of the injury done does not exceed $25 000,
imprisonment for 3 years and a fine of $36 000.
445. Damaging property
A person who unlawfully destroys or damages the property of another person without that other person's consent is guilty of an offence and is liable to imprisonment for 24 months and a fine of $24 000.
456. Costs of cleaning graffiti
(1) In this section - offender means a person who is guilty of an offence under section 444 or 445 where the damage consists of -
(a) graffiti that are visible to the public; or
(b) graffiti applied to public property;
public property means property owned by, vested in, or under the control or management of -
(a) the State;
(b) the Crown, or an agent or instrumentality of the Crown;
(c) a body corporate established by a written law; or
(d) a local government or regional local government.
(2) A court convicting an offender may order the offender to pay to any person who has obliterated the graffiti, or caused it to be obliterated, a reasonable amount for doing so.
(3) Such an order is in addition to any penalty imposed for the offence and may be in addition to a compensation order made under Part 16 of the Sentencing Act 1995.
557G. Possessing things for applying graffiti
A person who is in possession of a thing with the intention of using it to cause damage consisting of graffiti is guilty of an offence and is liable to a fine of $6 000.
557E. Possessing things to assist unlawful entry to places
A person who is in possession of a thing with the intention of using it to facilitate the unlawful entry of any place is guilty of an offence and is liable to imprisonment for 12 months and a fine of $12 000.
Public Transport Authority Regulations
15. Damage to a conveyance or facility
Unless authorised in writing by the chief executive officer, a person who affixes anything to or marks, paints, or writes anything on a conveyance or a facility commits an offence.
Modified penalty: $200.
Penalty: $2 000.
21. Possessing certain things prohibited
A person, other than an authorised person, a security officer or a member of the Police Force in the proper exercise of his or her duties, who, without lawful excuse, possesses any one or more of the following things on or in Authority property commits an offence -
(a) an explosive;
(b) syringe other than a syringe for the administration by or for a person of a medication obtained by prescription;
(c) a firearm;
(d) a controlled weapon or prohibited weapon within the meaning of those terms in section 3 of the Weapons Act 1999;
(e) a tool, device, substance or apparatus that is capable of being used to create graffiti or mark property.
Modified penalty applicable to paragraphs (a) to (d): $200.
Modified penalty applicable to paragraph (e): $100.
Penalty applicable to paragraphs (a) to (d): $2 000.
Penalty applicable to paragraph (e): $500.
Rail Freight System (Corridor Land) Regulations
18. Possession of graffiti equipment
A person on railway premises must not have in his or her possession a spray can, felt pen, crayon or other article capable of being used to deface property, unless the person has a lawful excuse for possessing that article.
Penalty: $200.
Disclaimer: This is not intended to be legal advice. There may be more laws relating to carrying or using graffiti implements than those listed above. The material displayed on this page is intended for information only. If you have a legal problem, you should see a lawyer. The Butcher Shop believes that the information provided is accurate, however does not accept responsibility for any errors or omissions.
Visit the State Law Publishers website www.slp.wa.gov.au.au for full access to Western Australian laws.
LEGAL LINKS
Legal Aid Websites
Legal Aid bodies provide information, advice and other legal help. The type and amount of help you will get depends on your finances, your legal problem and the resources available to the organisation.
WA - www.legalaid.wa.gov.au
ACT - www.legalaid.canberra.net.au
NSW - www.legalaid.nsw.gov.au
NT - www.ntlac.nt.gov.au
QLD - www.legalaid.qld.gov.au
SA - www.legalaid.sa.gov.au
TAS - www.legalaid.tas.gov.au
VIC - www.legalaid.vic.gov.au
Youth Focused Legal Services
Youth Legal Services WA - www.youthlegalserviceinc.com.au
Law Stuff (Australia Wide) - www.lawstuff.org.au
State Law Publishers
Search current laws by title or content.
WA - www.slp.wa.gov.au