Victorian Numbered Acts Victorian Numbered Acts(1) A person must not, without lawful excuse, possess a prescribed graffiti implement—
(a) on property of a transport company; or
(b) in an adjacent public place; or
(c) in a place where the person is trespassing or has entered without invitation.
Penalty: 25 penalty units.
(2) It is a lawful excuse for the purposes of subsection (1) that the person is in possession of a prescribed graffiti implement in the course of engaging in, or carrying out any functions in relation to, his or her employment, occupation, business, trade or profession.
(3) If a member of the police force may exercise powers under Division 2 of Part IV of the Drugs, Poisons and Controlled Substances Act 1981 in respect of a person under 18 years of age—
(a) the member must deal with the person in the manner set out in that Division; and
(b) the person does not commit an offence against subsection (1).