QLDIn ForceAct
Summary Offences Act 2005
sec.23BSale of spray paint to minors
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### sec.23B Sale of spray paint to minors
A seller of spray paint must not sell spray paint to a minor.
Maximum penalty—
for a first offence—140 penalty units; or
for a second offence—280 penalty units; or
for a third or later offence—420 penalty units.
An employee who sells spray paint to a minor in the course of the employment can not be prosecuted under this section.
See section 23C for when an employee is liable for selling spray paint to a minor.
It is a defence to a charge of an offence against subsection (1) for the seller to prove—
that the seller, or an employee of the seller, required a person to produce acceptable evidence of age; and
the person produced acceptable evidence of age, or purported acceptable evidence of age, showing the person was not a minor; and
the seller or employee had no reason to believe the evidence was false.
Also, 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 spray paint to the person because of subsection (1) .
s 23B ins 2007 No. 1 s 5
amd 2020 No. 21 s 27 ; 2024 No. 1 s 9
(sec.23B-ssec.1) A seller of spray paint must not sell spray paint to a minor. Maximum penalty— for a first offence—140 penalty units; or for a second offence—280 penalty units; or for a third or later offence—420 penalty units.
(sec.23B-ssec.2) An employee who sells spray paint to a minor in the course of the employment can not be prosecuted under this section. See section 23C for when an employee is liable for selling spray paint to a minor.
(sec.23B-ssec.3) It is a defence to a charge of an offence against subsection (1) for the seller to prove— that the seller, or an employee of the seller, required a person to produce acceptable evidence of age; and the person produced acceptable evidence of age, or purported acceptable evidence of age, showing the person was not a minor; and the seller or employee had no reason to believe the evidence was false.
(sec.23B-ssec.4) Also, 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 spray paint to the person because of subsection (1) .
- (a) for a first offence—140 penalty units; or
- (b) for a second offence—280 penalty units; or
- (c) for a third or later offence—420 penalty units.
- (a) that the seller, or an employee of the seller, required a person to produce acceptable evidence of age; and
- (b) the person produced acceptable evidence of age, or purported acceptable evidence of age, showing the person was not a minor; and
- (c) the seller or employee had no reason to believe the evidence was false.