QLDIn ForceAct
Summary Offences Act 2005
sec.19ISale by employees of controlled items to minors
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### sec.19I Sale by employees of controlled items to minors
This section applies to an employee if a commercial seller who is an employer has complied with section 19H in relation to the employee.
The employee must not, in the course of their employment, sell a controlled item to a minor.
Maximum penalty—
for a first offence—20 penalty units; or
for a second or later offence—40 penalty units.
It is a defence to a charge of an offence against subsection (1) for the employee to prove—
the employee, their employer or another employee of their employer required the minor to produce acceptable evidence of age; and
the minor produced acceptable evidence of age, or purported acceptable evidence of age, showing the minor was not a minor; and
the employee, employer or other employee had no reason to believe the evidence was false.
For this section, it does not matter if the commercial seller who complied with section 19H in relation to the employee is their employer at the time the employee sells the controlled item to the minor.
s 19I ins 2024 No. 1 s 6
(sec.19I-ssec.1) This section applies to an employee if a commercial seller who is an employer has complied with section 19H in relation to the employee.
(sec.19I-ssec.2) The employee must not, in the course of their employment, sell a controlled item to a minor. Maximum penalty— for a first offence—20 penalty units; or for a second or later offence—40 penalty units.
(sec.19I-ssec.3) It is a defence to a charge of an offence against subsection (1) for the employee to prove— the employee, their employer or another employee of their employer required the minor to produce acceptable evidence of age; and the minor produced acceptable evidence of age, or purported acceptable evidence of age, showing the minor was not a minor; and the employee, employer or other employee had no reason to believe the evidence was false.
(sec.19I-ssec.4) For this section, it does not matter if the commercial seller who complied with section 19H in relation to the employee is their employer at the time the employee sells the controlled item to the minor.
- (a) for a first offence—20 penalty units; or
- (b) for a second or later offence—40 penalty units.
- (a) the employee, their employer or another employee of their employer required the minor to produce acceptable evidence of age; and
- (b) the minor produced acceptable evidence of age, or purported acceptable evidence of age, showing the minor was not a minor; and
- (c) the employee, employer or other employee had no reason to believe the evidence was false.