Queensland Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[Help]
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) a document that—
(i) is a driver licence, proof of age card or an Australian or foreign
passport; and
(ii) bears a photograph of the person; and
(iii) indicates by reference to the person’s date of birth or otherwise that the person has attained a particular age; or
(b) a digital authority that complies with paragraph (a) (ii) and (iii) ; or
(c) a digital evidence of age; or
(d) a digital evidence of identity.
"digital authority" see the Transport Planning and Coordination Act 1994 ,
section 29AC .
"digital evidence of age" see the Transport Planning and Coordination Act 1994
, section 29AD .
"digital evidence of identity" see the
Transport Planning and Coordination Act 1994 , section 29AE .
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback