Queensland Consolidated Acts

SUMMARY OFFENCES ACT 2005 - SECT 19M

19M Prohibited sales of controlled items

(1) A person must not—

(a) sell a controlled item with features that contravene this section; or

(b) sell a controlled item in a way that contravenes this section.

Penalty—

Maximum penalty—25 penalty units.

(2) The features of a controlled item, or the way it is sold, must not—

(a) indicate or suggest the item is—

(i) suitable for combat; or

(ii) intended to be used for violence, whether actual or threatened, against a person or fictional creature (for example, a zombie); or

(b) be likely to stimulate or encourage violent or criminal behaviour that involves using the item.

(3) A reference in this section to the features of a controlled item, or the way it is sold, includes a reference to the use of—

(a) images, words or markings on the item, its packaging or an associated item; or

(b) images or words in an advertisement for the item.

Examples of images, words or markings—

• a depiction of blood or a skull

• the word ‘killer’ or ‘slayer’

Example of an item associated with a knife—

a sheath sold with the knife

(4) A controlled item is not taken to have features, or be sold in a way, that indicates or suggests the item is suitable for combat only because of a depiction or description of the item being used in a lawful way.

(5) An employee who sells a controlled item in the course of their employment can not be prosecuted under this section.

(6) In this section—

"sell" includes advertise for sale.