New Graffiti Laws Announced

Stringent penalties in the Crimes Act 1900 and in the Summary Offences Act 1988 have also been introduced to deal with graffiti crime. Under section 195 of the Crimes Act a person who maliciously destroys or damages property belonging to another is liable to a maximum penalty of imprisonment for 5 years. If the destruction or damage is caused by means of fire or explosives, the maximum penalty is imprisonment for 10 years.
In the Summary Offences Act the penalties for graffiti offences are: 

Section 10A - damaging and defacing property by means of spray paint, maximum penalty $2200 or imprisonment for 6 months, or a period of community service work.
Section 10B - possession of spray paint, maximum penalty $1100 or imprisonment for 3 months, or a period of community service work.
Section 7 - damaging fountains erected in a public place, maximum penalty $440.
Section 8 - damaging or desecrating protected places, maximum penalty $2200.
Section 9 - wilfully marking, by means of chalk, paint or other material, any premises, where the marking is within view from a public place unless the consent of the occupier or person in charge of the premises is first obtained. The maximum penalty is $440.
Where a young person commits an offence involving graffiti or vandalism and that young person appears before the Children's Court, the Court is able to make an Order under section 5 of the Children (Community Services Orders) Act 1987 requiring the person to perform community service work. The Order may also require the young person to:
Remove graffiti from buildings, vehicles, vessels and places; and
Restore the appearance of buildings, vehicles, vessels and places after removal of the graffiti. contact your local council.

In 2002 the Government introduced legislation to restrict the sale of aerosol spray paints in NSW. Section 10C of the Summary Offences Act bans the sale of spray paints to young people under the age of 18 years and carries a maximum penalty of $1100.

In May 2006, the Government introduced new legislation to restrict access to spray cans at retailer shops in the Summary Offences Amendment (Display of Spray Paint Cans) Act 2006. Retailers who sell spray paint cans are required to properly secure them if they are displayed in areas where the public has access. Under the law, a spray paint can is properly secured if it is displayed:

In a locked cabinet, or
In or behind a counter so that customers cannot gain access to the can without the assistance of shop staff, or
In any other manner prescribed by the regulations. This legislation came into effect on 1 November 2006. A maximum fine of $1 100 is payable by a retailer who fails to properly secure spray paint cans in accordance with the new law.