sec.23BSale of spray paint to minors

### 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.