Queensland Consolidated Acts

SUMMARY OFFENCES ACT 2005 - SECT 23

23 Sale of potentially harmful things

(1) A seller must not sell a potentially harmful thing to another person if the seller knows or believes, on reasonable grounds, that the other person—

(a) intends to inhale or ingest the thing; or

(b) intends to sell the thing to another person for inhalation or ingestion whether by that person or someone else.

Penalty—

Maximum penalty—

(a) for a first offence—25 penalty units or 3 months imprisonment; or

(b) for a second or later offence—50 penalty units or 1 year’s imprisonment.

(2) For the purposes of the Anti-Discrimination Act 1991 , section 46 , a seller is not to be taken to discriminate against a person only because the seller refuses to sell a potentially harmful thing to the person because of subsection (1) .

(3) In this section—

"potentially harmful thing" —

(a) means a thing a person may lawfully possess that is or contains a substance that may be harmful to a person if ingested or inhaled; and

Examples—

• glue

• paint

• a solvent

(b) includes methylated spirits; and

(c) does not include a thing intended by its manufacturer to be inhaled or ingested by a person using it.

"seller" means a person who, in trade or commerce, sells potentially harmful things to the public.