South Australian Current Acts

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SUMMARY OFFENCES ACT 1953 - SECT 21D

21D—Unlawful selling or marketing of knives

        (1)         A person who sells a knife to a minor who is under the age of 16 years is guilty of an offence.

Maximum penalty: $20 000 or imprisonment for 2 years.

        (2)         It is a defence to prosecution for an offence against subsection (1) to prove that—

            (a)         the seller requested the minor to produce evidence of age of a kind prescribed by regulation; and

            (b)         the minor made a false statement or produced false evidence in response to that request; and

            (c)         in consequence, the seller reasonably assumed that the minor was of or above the age of 16 years.

        (3)         A person who makes a false statement or produces false evidence in response to a request by a seller made in accordance with subsection (2)(a) is guilty of an offence.

Maximum penalty: $1 250.

        (4)         A person who markets a knife in a way that—

            (a)         indicates, or suggests, that the knife is suitable for combat; or

            (b)         is otherwise likely to stimulate or encourage violent behaviour involving the use of the knife as a weapon,

is guilty of an offence.

Maximum penalty: $20 000 or imprisonment for 2 years.

        (5)         For the purposes of this section, an indication or suggestion that a knife is suitable for combat may (without limitation) be given or made by a name or description—

            (a)         applied to the knife; or

            (b)         on the knife or on any packaging in which it is contained; or

            (c)         included in any advertisement which, expressly or by implication, relates to the knife.

        (6)         For the purposes of this section, a person "markets" a knife if the person—

            (a)         sells or hires the knife; or

            (b)         offers, or exposes, the knife for sale or hire; or

            (c)         has possession of the knife for the purpose of sale or hire.



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