South Australian Current Acts South Australian Current Acts (1) Subject to this
section, a person who—
(a)
sells a prohibited item; or
(b)
supplies a prohibited item in connection with the sale, or possible sale, of
goods,
is guilty of an offence.
Maximum penalty:
(a) if
the offender is a body corporate—$50 000;
(b) if
the offender is a natural person—$10 000 or imprisonment for 2 years.
(a)
sells a prohibited item to a minor; or
(b)
supplies a prohibited item to a minor in connection with the sale, or possible
sale, of goods,
is guilty of an offence.
Maximum penalty:
(a) if
the offender is a body corporate—$100 000;
(b) if
the offender is a natural person—$20 000 or imprisonment for 2 years.
(3) If a body
corporate commits an offence against subsection (1) or
subsection (2), any director or manager of the body corporate is also
guilty of an offence and liable to the same penalty as may be imposed for the
principal offence when committed by a natural person unless it is proved that
he or she could not, by the exercise of reasonable diligence, have prevented
the commission of the principal offence by the body corporate.
(4) A person may be
prosecuted and convicted of an offence under subsection (3) whether or
not the body corporate has been prosecuted or convicted of the offence
committed by the body corporate.
(5) If a person is
convicted of an offence against this section, any prohibited item seized as
evidence of the offence may be retained by the Commissioner of Police and is
forfeited to the Crown—
(a) if
an appeal has not been lodged within the period provided for lodging an appeal
against the conviction—at the end of the period; or
(b) if
an appeal has been lodged within the period provided for lodging an appeal
against the conviction—when the appeal lapses or is finally determined.
(6) An item forfeited
under subsection (5) may be dealt with and disposed of in such manner as
the Commissioner of Police may direct.
(7) In this
section—
"cocaine kit"—a cocaine kit is constituted by 2 or more of the following
items packaged as a unit apparently for use for the purposes of preparing for
introduction, or for introducing, cocaine into the body of a person:
(b) a
tube;
(c) a
mirror;
(d) a
scoop;
(f) any
other item apparently for use together with any item referred to in
paragraphs (a) to (e) to prepare for introduction, or to introduce,
cocaine into the body of a person;
"prohibited item" means—
(a) a
water pipe; or
(b) a
prohibited pipe; or
(c) a
cocaine kit; or
(d) an
item of a kind prescribed by regulation for the purposes of this definition;
"prohibited pipe" means—
(a) a
device (other than a water pipe) that is apparently intended for use or
designed for use in smoking cannabis, cannabis resin or methamphetamine
crystals; or
(b)
components that, when assembled together, form such a device,
and includes, without limitation, a device known as a hash pipe and a device
known as an ice pipe;
"sell" means—
(a)
sell, barter or exchange; or
(b)
offer or agree to sell, barter or exchange; or
(c)
expose for sale, barter or exchange; or
(d) have
in possession for sale, barter or exchange;
"supply" includes offer to supply;
"water pipe" means—
(a) a
device capable of being used for smoking by means of the drawing of smoke
fumes through water or another liquid; or
(b)
components that, when assembled together, form such a device; or
(c) a
device that is apparently intended to be such a device but that is not capable
of being so used because it needs an adjustment, modification or addition,
and includes, without limitation, devices known as bongs, hookahs, narghiles,
shishas and ghalyans.