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.
(a) for a first offence—140 penalty
(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
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
seller or employee had no reason to believe the evidence was false.
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) .
"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
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