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SUMMARY OFFENCES ACT 2005 - SECT 19I
Sale by employees of controlled items to minors
19I Sale by employees of controlled items to minors
(1) This section applies to an employee if a commercial seller who is an
employer has complied with section 19H in relation to the employee.
(2) The
employee must not, in the course of their employment, sell a controlled item
to a minor. Penalty— Maximum penalty— (a) for a first offence—20
penalty units; or
(b) for a second or later offence—40 penalty units.
(3) It is a defence to a charge of an offence against subsection (1) for the
employee to prove— (a) the employee, their employer or another employee of
their employer required the minor to produce acceptable evidence of age; and
(b) the minor produced acceptable evidence of age, or purported acceptable
evidence of age, showing the minor was not a minor; and
(c) the employee,
employer or other employee had no reason to believe the evidence was false.
(4) For this section, it does not matter if the commercial seller who complied
with section 19H in relation to the employee is their employer at the time the
employee sells the controlled item to the minor.
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