Summary Offences Act 1988
11FSale of knives to children
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11F Sale of knives to children
11F Sale of knives to children
(1) A person who sells a knife to a child under the age of 16 years is guilty of an offence.
Maximum penalty—100 penalty units or imprisonment for 12 months, or both.
(1A) A person who, without reasonable excuse, sells a knife to a child who is 16 or 17 years of age is guilty of an offence.
Maximum penalty—100 penalty units or imprisonment for 12 months, or both.
(2) It is a defence (proof of which lies on the person) to a prosecution for an offence under this section that the person selling the knife believed on reasonable grounds that—
(a) for an offence under subsection (1)—the child was at least 16 years of age, or
(b) for an offence under subsection (1A)—the child was at least 18 years of age.
(2A) For subsection (1A), it is a reasonable excuse for a person to sell a knife to a child who is 16 or 17 years of age if the person is satisfied the child reasonably requires the knife for the lawful pursuit of the child’s occupation, education or training.
(3) If an employee contravenes subsection (1) or (1A), the employer is taken to have contravened that subsection, whether or not the employee contravened the provision without the employer’s authority or contrary to the employer’s orders or instructions.
(4) It is a defence to a prosecution against an employer for such a contravention if it is proved—
(a) that the employer had no knowledge of the contravention, and
(b) that the employer could not, by the exercise of due diligence, have prevented the contravention.
(5) An employer may be proceeded against and convicted under subsection (1) or (1A) by virtue of subsection (3) whether or not the employee has been proceeded against or convicted under subsection (1) or (1A).
(6) The regulations may provide that this section does not apply to or in relation to any specified class or description of knife.
s 11F (previously s 10AB): Ins 1997 No 148, Sch 1 [4]. Renumbered 1998 No 38, Sch 1 [5]. Am 1998 No 38, Sch 1 [6]; 2024 No 32, Sch 2[1]–[5].