Tobacco and Other Smoking Products Act 1998
sec.158Supply or possession of ice pipes as part of business activities
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sec.158 Supply or possession of ice pipes as part of business activities
A person must not, as part of a business activity, supply, display, store or otherwise be in possession of an ice pipe or a component of an ice pipe. Maximum penalty—140 penalty units. It is a defence to a charge under subsection (1) for the person to prove that an ice pipe, or a component of an ice pipe, is designed primarily to be used for a purpose other than administering a dangerous drug. aluminium foil, spoons, test tubes For subsection (2) , evidence of a disclaimer does not, of itself, prove that the ice pipe or component of an ice pipe is designed primarily to be used for a purpose other than administering a dangerous drug. In this section— component , of an ice pipe, means a device that— is apparently intended to be part of an ice pipe; and is not capable of being used for administering a dangerous drug in the way described in the definition ice pipe without an adjustment, modification or addition. disclaimer means a statement on, or made in relation to, the ice pipe or component of an ice pipe, at or before the time of the commission of the alleged offence, to the effect that the ice pipe or component is designed or intended to be used for a purpose that is not a purpose related to administering a dangerous drug. ice pipe means a device capable of being used for administering a dangerous drug by the drawing of smoke or fumes resulting from heating or burning the drug, in the device, in the drug’s crystal, powder, oil or base form. s 158 (prev s 26ZPA) ins 2007 No. 28 s 46 renum 2009 No. 44 s 182 amd 2023 No. 16 s 3 sch 1 ; 2025 No. 27 s 10 (sec.158-ssec.1) A person must not, as part of a business activity, supply, display, store or otherwise be in possession of an ice pipe or a component of an ice pipe. Maximum penalty—140 penalty units. (sec.158-ssec.2) It is a defence to a charge under subsection (1) for the person to prove that an ice pipe, or a component of an ice pipe, is designed primarily to be used for a purpose other than administering a dangerous drug. aluminium foil, spoons, test tubes (sec.158-ssec.3) For subsection (2) , evidence of a disclaimer does not, of itself, prove that the ice pipe or component of an ice pipe is designed primarily to be used for a purpose other than administering a dangerous drug. (sec.158-ssec.4) In this section— component , of an ice pipe, means a device that— is apparently intended to be part of an ice pipe; and is not capable of being used for administering a dangerous drug in the way described in the definition ice pipe without an adjustment, modification or addition. disclaimer means a statement on, or made in relation to, the ice pipe or component of an ice pipe, at or before the time of the commission of the alleged offence, to the effect that the ice pipe or component is designed or intended to be used for a purpose that is not a purpose related to administering a dangerous drug. ice pipe means a device capable of being used for administering a dangerous drug by the drawing of smoke or fumes resulting from heating or burning the drug, in the device, in the drug’s crystal, powder, oil or base form.