Queensland Consolidated Acts

SUMMARY OFFENCES ACT 2005 - SECT 23B

(1) A seller of spray paint must not sell spray paint to a minor.

Maximum penalty--

(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.

(2) An employee who sells spray paint to a minor in the course of the employment can not be prosecuted under this section.

Note--

See section 23C for when an employee is liable for selling spray paint to a minor.

(3) It is a defence to a charge of an offence against subsection (1) for the seller to prove--

(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 showing the person was not a minor; and

(c) the seller or employee had no reason to believe the evidence was false.

(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).

(5) In this section--

acceptable evidence of age, for a person, means a document that--

(a) is a driver licence, proof of age card or an Australian or foreign passport; and

(b) bears a photograph of the person; and

(c) indicates by reference to the person's date of birth or otherwise that the person has attained a particular age.