South Australian Current Acts

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SUMMARY OFFENCES ACT 1953 - SECT 21DB

21DB—Certain notices to be displayed where knives sold by retail sale

        (1)         A person must not sell knives from retail premises unless the following notices are displayed in accordance with this section:

            (a)         a prohibition notice;

            (b)         any other notice prescribed by the regulations.

Maximum penalty: $10 000.

Expiation fee: $1 000.

        (2)         A prohibition notice must be displayed, in a manner likely to be seen by customers in the retail premises

            (a)         at each point of sale in the retail premises; or

            (b)         at each area in the retail premises in which knives are displayed for sale.

        (3)         A notice referred to in subsection (1)(b) must be displayed in the retail premises in accordance with any requirements set out in the regulations.

        (4)         A person must not sell knives by direct sales transaction (being a transaction in which the knife is to be delivered to or picked up from an address in this State) unless—

            (a)         in the case of a direct sales transaction taking place over the Internet or using a website (however described)—the information prescribed by the regulations is, in accordance with any requirements set out in the regulations, published on the website through which the transaction occurred; or

            (b)         in any other case—the information prescribed by the regulations is given to the purchaser in accordance with any requirements set out in the regulations.

Maximum penalty: $10 000.

Expiation fee: $1 000.

        (5)         It is a defence to prosecution for an offence against subsection (4) to prove that the defendant did not know, and could not reasonably have been expected to have known, that the knife was to be delivered to or picked up from an address in this State.

        (6)         In this section—

"point of sale" means a cash register, counter or similar fixture where sales transactions take place;

"prohibition notice" means a notice containing the information prescribed by the regulations;

"retail premises" includes—

            (a)         a market stall; or

            (b)         a temporary or pop-up shop (however described); or

            (c)         any other premises or place, or premises or places of a class, prescribed by the regulations.

"Editorial note—"

Section 21DB had not come into operation at the date of the publication of this version.



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