NSW Commercial Law - Legal to Sell Bongs and Pipes Online?

[Tarun Singh]

I am thinking of opening a dropshipping website which sells bongs and other smoking accessories - dropshipping refers to the sale of a product directly from supplier to customer through an intermediary, the intermediary being me and my website.

This means the stock that I sell never arrives to me, I never see it. When a customer places an order, I then order it from the supplier (in China) and he ships it directly to the customer.

I would also be selling these items internationally, mostly to the United States.

I know possession of such items is illegal, but if I never possess the item, would this be regarded as legal under commercial law? Or would it be legal if I never sell the items to Australian citizens?

 

[Hayder Shkara]

You would have to check the legislation of every jurisdiction you will be shipping to.

E.g. - you will not be able to ship to NSW because it is illegal to sell or possess such goods.

To be found guilty, the prosecution must prove that you operated a shop or stall, or that you sold the paraphernalia near and in connection with a shop.

They must also prove that you sold or supplied the paraphernalia in connection with a commercial transaction – this is usually proved by showing that you received cash or some other form of financial benefit in exchange for the items in question.

 

[Anatoly Plotnik]

How do Australian sites sell pipes and bongs if it’s illegal? What is stopping them from getting caught?

 

[Tim W]

How do Australian sites sell pipes and bongs if it’s illegal? What is stopping them from getting caught?

Lax enforcement, mostly.