Question of the Month

The police found me with a spray can on the train - what's the law?

Question

You are under 18 and on the train. Police ask to search your bag for a spray paint can. What is the law? What are your rights?

Answer

It is now an offence to carry a spray paint can when you are on public transport or nearby.

The police can search if you are 14 or over.

The search powers are limited if you are between 14 and under 18 – i.e. only a pat down search. You can be asked to take off an outer layer of clothing (like a jacket) and take off your shoes and hat. They can look in any bags or other belongings you have.

Only police can search you – not Authorised Officers (ticket inspectors).

Excuses

It doesn’t matter whether you intend to graffiti or not. You might be intending to spray paint your skateboard. It is still an offence.

Your only excuse for having a can is that you use it for your work or trade (eg sign writer) and you will have to prove this – e.g. calling your employer or showing a letter from your employer.

Being fined

If they find a can you will be given an on the spot fine of $550.

If you pay it on time then this will finish the matter.

If you can't pay you should write a letter before the due date explaining your circumstances. You can get help from a community legal centre to do this.

If you DON'T PAY IT you will have to go to court and the Magistrate will decide on another penalty – e.g. a reduced fine or a good behaviour bond. It will depend on your personal circumstances and if you have been in trouble with the police before.

If you go to Court you will get a record for going to court. This will stay on your record for at least five years.

For more information you can look at our factsheet about graffiti and fines [86KB PDF].

If you get a fine and want advice you can drop in to Youthlaw legal clinic from 2-5pm each week day (19 King St, Melbourne, 9611 2412) or go to you local community legal centre. You can find out your nearest centre by going to www.communitylaw.org.au

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