Summary Offences Act 1953

Subject to this section, a person who—

sells a prohibited item; or

supplies a prohibited item in connection with the sale, or possible sale, of goods, is guilty of an offence.

if the offender is a body corporate—$50 000;

if the offender is a natural person—$10 000 or imprisonment for 2 years.

A person who—

sells a prohibited item to a minor; or

supplies a prohibited item to a minor in connection with the sale, or possible sale, of goods, is guilty of an offence.

if the offender is a body corporate—$100 000;

if the offender is a natural person—$20 000 or imprisonment for 2 years.

If a body corporate commits an offence against subsection (1) or subsection (2), any director or manager of the body corporate is also guilty of an offence and liable to the same penalty as may be imposed for the principal offence when committed by a natural person unless it is proved that he or she could not, by the exercise of reasonable diligence, have prevented the commission of the principal offence by the body corporate.

A person may be prosecuted and convicted of an offence under subsection (3) whether or not the body corporate has been prosecuted or convicted of the offence committed by the body corporate.

If a person is convicted of an offence against this section, any prohibited item 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.

An item forfeited under subsection (5) may be dealt with and disposed of in such manner as the Commissioner of Police may direct.

In this section—

a razor blade;

a tube;

a mirror;

a scoop;

a glass bottle;

any other item apparently for use together with any item referred to in paragraphs (a) to (e) to prepare for introduction, or to introduce, cocaine into the body of a person;

a water pipe; or

a prohibited pipe; or

a cocaine kit; or

an item of a kind prescribed by regulation for the purposes of this definition;

a device (other than a water pipe) that is apparently intended for use or designed for use in smoking cannabis, cannabis resin or methamphetamine crystals; or

components that, when assembled together, form such a device, and includes, without limitation, a device known as a hash pipe and a device known as an ice pipe;

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;

a device capable of being used for smoking by means of the drawing of smoke fumes through water or another liquid; or

components that, when assembled together, form such a device; or

a device that is apparently intended to be such a device but that is not capable of being so used because it needs an adjustment, modification or addition, and includes, without limitation, devices known as bongs, hookahs, narghiles, shishas and ghalyans.