Sale of body modification equipment to minors prohibited
21T Sale of body modification equipment to minors prohibited
A person must not—
sell body modification equipment to a minor; or
supply body modification equipment to a minor in connection with the sale, or possible sale, of goods.
Maximum penalty: $2 500.
It is a defence to a charge of an offence against subsection (1) to prove that—
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
the minor, or another person, made a false statement, or produced false evidence in response to that requirement; and
in consequence, the defendant reasonably believed that the minor was of or above the age of 18 years.
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.
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—
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
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.
Equipment forfeited under subsection (4) may be dealt with and disposed of in such manner as the Commissioner of Police may direct.
In this section—
body modification equipment means equipment designed to be used for the purposes of body modification;
sell means—
sell, barter or exchange; or
offer or agree to sell, barter or exchange; or
expose for sale, barter or exchange; or
have in possession for sale, barter or exchange;
supply includes offer to supply.
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