Spitting can constitute the crime of common assault under NSW law. The attorney from ETB Legal stated that spitting falls under common assault, which carries penalties including fines, community service, and up to two years imprisonment as defined in the Crimes Act 1900 Section 61. For a spitting incident to be considered assault, it must be done with the intent to instill fear in the victim or with disregard for causing fear, without the victim's consent, and generally in anger with the intent to harm. Even without contact, spitting can be assault if it reasonably causes fear for one's safety. Victims of spitting assaults or those accused should seek legal advice.