SUMMARY OFFENCES ACT 1953 - SECT 21T
SUMMARY OFFENCES ACT 1953 - SECT 21T
21T—Sale of body modification equipment to minors prohibited
(a) sell
body modification equipment to a minor; or
(b)
supply body modification equipment to a minor in connection with the sale, or
possible sale, of goods.
Maximum penalty: $2 500.
(2) It is a defence to
a charge of an offence against subsection (1) to prove that—
(a) the
defendant, or some person acting on behalf of the defendant, required the
minor, or another person, to produce evidence of a kind required by the
regulations of his or her age; and
(b) the
minor, or another person, made a false statement, or produced false evidence
in response to that requirement; and
(c) in
consequence, the defendant reasonably believed that the minor was of or above
the age of 18 years.
(3) A person who seeks
to rely on the defence in subsection (2) must, in order to rely on the
defence, produce the identifying details, or a copy, of the evidence offered
at the time of the alleged offence.
(4) If a person is
convicted of an offence against subsection (1), any body modification
equipment seized as evidence of the offence may be retained by
the Commissioner of Police and is forfeited to the Crown—
(a) if
an appeal has not been lodged within the period provided for lodging an appeal
against the conviction—at the end of the period; or
(b) if
an appeal has been lodged within the period provided for lodging an appeal
against the conviction—when the appeal lapses or is finally determined.
(5) Equipment
forfeited under subsection (4) may be dealt with and disposed of in such
manner as the Commissioner of Police may direct.
(6) In this
section—
"body modification equipment" means equipment designed to be used for the
purposes of body modification;
"sell" means—
(a)
sell, barter or exchange; or
(b)
offer or agree to sell, barter or exchange; or
(c)
expose for sale, barter or exchange; or
(d) have
in possession for sale, barter or exchange;
"supply" includes offer to supply.