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TOBACCO AND OTHER SMOKING PRODUCTS ACT 1998 - SECT 26ZPF

Sale, supply and display of ice pipes

26ZPF Sale, supply and display of ice pipes

(1) A person must not—
(a) sell an ice pipe or a component of an ice pipe; or
(b) supply an ice pipe, or a component of an ice pipe, as part of a business activity; or
(c) display an ice pipe, or a component of an ice pipe
(i) in a shop; or
(ii) near, and in connection with, a shop.
Note—
‘Sell’ in paragraph (a) includes expose for sale. See the schedule, definition
"sell" .
Penalty—
Maximum penalty—140 penalty units.
(2) It is a defence for the person to prove that an ice pipe, or a component of an ice pipe, is designed primarily to be used for a purpose other than administering a dangerous drug.
Examples of devices designed primarily to be used for another purpose—
aluminium foil, spoons, test tubes
(3) For subsection (2) , evidence of a disclaimer does not, of itself, prove that the ice pipe or component of an ice pipe is designed primarily to be used for a purpose other than administering a dangerous drug.
(4) In this section—

"component" , of an ice pipe, means a device that—
(a) is apparently intended to be part of an ice pipe; and
(b) is not capable of being used for administering a dangerous drug in the way described in the definition
"ice pipe" without an adjustment, modification or addition.

"disclaimer" means a statement on, or made in relation to, the ice pipe or component of an ice pipe, at or before the time of the commission of the alleged offence, to the effect that the ice pipe or component is designed or intended to be used for a purpose that is not a purpose related to administering a dangerous drug.

"ice pipe" means a device capable of being used for administering a dangerous drug by the drawing of smoke or fumes resulting from heating or burning the drug, in the device, in the drug’s crystal, powder, oil or base form.



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