Queensland Numbered Acts

SUMMARY OFFENCES (PREVENTION OF KNIFE CRIME) AND OTHER LEGISLATION AMENDMENT ACT 2024 - SECT 4

4 Replacement of s 43A (Unlawful sale of spray paint to minors)

Section 43A —
omit, insert—

43A Unlawful sale of controlled items or spray paint to minors

(1) This section applies if—

(a) a police officer—

(i) observes a person being sold a thing that the officer reasonably suspects is a controlled item or spray paint; or

(ii) reasonably suspects a person has just been sold a controlled item or spray paint; and

(b) the officer reasonably suspects the person is under 18 years.

(2) The police officer may—

(a) ask the person to show acceptable evidence of age of the person; and

(b) require the person to produce the thing sold to the person.

(3) The police officer may seize the thing if—

(a) the person—

(i) refuses, or is unable, to show acceptable evidence of age of the person; or

(ii) shows acceptable evidence of age showing the person is under 18 years; and

(b) the officer reasonably suspects the thing is evidence of an offence against the Summary Offences Act 2005 , section 19G, 19I, 23B or 23C.

(4) In this section—

"acceptable evidence of age" see the Summary Offences Act 2005 , schedule 2.

"controlled item" see the Summary Offences Act 2005 , section 19E.

"spray paint" see the Summary Offences Act 2005 , schedule 2.