South Australian Consolidated Acts South Australian Consolidated Acts (1) A person who marks
graffiti is guilty of an offence.
Maximum penalty: $2 500 or imprisonment for 6 months.
(2) A person who aids,
abets, counsels or procures the commission of an offence against
subsection (1) is liable to be prosecuted and punished as a principal
offender.
(3) A court finding a
person guilty of an offence against this section must—
(a) if
the court is satisfied that it will be reasonably practicable for the person
to take action, under the supervision of an appropriate authority, to remove
or obliterate the graffiti—order that the person take that action and,
in doing so, comply with all reasonable directions of the appropriate
authority; or
(b) in
any other case—order that the person pay to the owner or occupier of the
property in relation to which the offence was committed such compensation as
the court thinks fit.
(4) An order under
subsection (3)(a) may be enforced as if it were an order requiring the
performance of community service (and in any enforcement proceedings the court
may exercise any power that it could exercise in relation to an order
requiring the performance of community service).
(5) In this
section—
"appropriate authority" means a State or local government authority.