Queensland Consolidated Acts

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TOBACCO AND OTHER SMOKING PRODUCTS ACT 1998 - SECT 26ZQ

Sale, supply and display of bongs

26ZQ Sale, supply and display of bongs

(1) A person must not—
(a) sell a bong or a component of a bong; or
(b) supply a bong, or a component of a bong, as part of a business activity; or
(c) display a bong, or a component of a bong
(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 a bong, or a component of a bong, 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—
buckets, garden hoses, water bottles
(3) For subsection (2) , evidence of a disclaimer does not, of itself, prove that the bong or component of a bong is designed primarily to be used for a purpose other than administering a dangerous drug.
(4) In this section—

"bong"
(a) 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 or on the device, through water or another liquid in the device; but
(b) does not include a hookah.

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

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



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