Queensland Numbered Acts

SUMMARY OFFENCES ACT 2005 No. 4 - SECT 23

(1) A person (the 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.

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, 6 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.

sell includes--

(a) sell by wholesale, retail or auction; and

(b) supply in trade or commerce or under an arrangement; and

(c) agree, attempt or offer to sell; and

(d) keep or expose for sale; and

(e) cause or permit to be sold.