Queensland Consolidated Acts

TOBACCO AND OTHER SMOKING PRODUCTS ACT 1998 - SECT 26ZQ

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.