QLDIn ForceAct
Summary Offences Act 2005
sec.23Sale of potentially harmful things
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### sec.23 Sale of potentially harmful things
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—
intends to inhale or ingest the thing; or
intends to sell the thing to another person for inhalation or ingestion whether by that person or someone else.
Maximum penalty—
for a first offence—25 penalty units or 3 months imprisonment; or
for a second or later offence—50 penalty units or 1 year’s imprisonment.
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) .
In this section—
potentially harmful thing —
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
glue
paint
a solvent
includes methylated spirits; and
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.
s 23 amd 2007 No. 1 s 4 ; 2024 No. 1 s 7
(sec.23-ssec.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— intends to inhale or ingest the thing; or intends to sell the thing to another person for inhalation or ingestion whether by that person or someone else. Maximum penalty— for a first offence—25 penalty units or 3 months imprisonment; or for a second or later offence—50 penalty units or 1 year’s imprisonment.
(sec.23-ssec.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) .
(sec.23-ssec.3) In this section— potentially harmful thing — 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 glue paint a solvent includes methylated spirits; and 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.
- (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.
- (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.
- (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
- • 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.
- • glue
- • paint
- • a solvent