>[!INFO] >[Section 5 of the Graffiti Prevention Act 2007](http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/gpa2007217/s5.html#:~:text=A%20person%20must%20not%20mark,the%20property%20to%20do%20so. "Section 5 of the Graffiti Prevention Act 2007") - A **person** must not mark graffiti on property if the graffiti is **visible** from a **public place** unless the person has first obtained the express consent of the owner, or an agent of the owner, of the property to do so. # Example Jim takes out a spray can on a Tram and starts spraying permanent paint onto the wall and windows of the tram. The paint is not readily removable by wiping a dry cloth over it, and Jim wasn't given permission to do so. # Power of Arrest [Section 458 of the Crimes Act.](http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/ca195882/s458.html "Section 458 of the Crimes Act.") # Jurisdiction Summary Offence heard at the Magistrates' Court. # Where Committed In a public place or on private property. # Leap Code 419BZ ### The Transport (Conduct) Regulations 2005, Sec 27 The same offence can occur under the Transport (Conduct) Regulation 2005, Section 27. The marking does not need to be removable by wiping with a dry cloth under this legislation too. However, this is only an infringement.  # LEAP Codes - Write Word on Rail Vehicle: 599HM - Write Word on Rail Premises: 599HO - Draw Word on Rail Vehicle: 599HP - Draw Word on Rail Premises 599HR