Queensland Consolidated Acts

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SUMMARY OFFENCES ACT 2005 - SECT 23B

Sale of spray paint to minors

23B Sale of spray paint to minors

(1) A seller of spray paint must not sell spray paint to a minor.
Penalty—
Maximum penalty—
(a) for a first offence—140 penalty units; or
(b) for a second offence—280 penalty units; or
(c) for a third or later offence—420 penalty units.
(2) An employee who sells spray paint to a minor in the course of the employment can not be prosecuted under this section.
Note—
See section 23C for when an employee is liable for selling spray paint to a minor.
(3) It is a defence to a charge of an offence against subsection (1) for the seller to prove—
(a) that the seller, or an employee of the seller, required a person to produce acceptable evidence of age; and
(b) the person produced acceptable evidence of age showing the person was not a minor; and
(c) the seller or employee had no reason to believe the evidence was false.
(4) Also, for the purposes of the Anti-Discrimination Act 1991 , section 46 , a seller is not to be taken to discriminate against a person only because the seller refuses to sell spray paint to the person because of subsection (1) .
(5) In this section—

"acceptable evidence of age" , for a person, means a document that—
(a) is a driver licence, proof of age card or an Australian or foreign passport; and
(b) bears a photograph of the person; and
(c) indicates by reference to the person’s date of birth or otherwise that the person has attained a particular age.



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