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

Discussion in 'Commercial Law Forum' started by Tarun Singh, 9 February 2017.

  1. Tarun Singh

    Tarun Singh Member

    Joined:
    9 February 2017
    Messages:
    1
    Likes Received:
    0
    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?
     
  2. Hayder Shkara

    Hayder Shkara Lawyer
    LawTap Verified

    Joined:
    16 January 2017
    Messages:
    121
    Likes Received:
    25
    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.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  3. Anatoly Plotnik

    Joined:
    9 February 2018
    Messages:
    1
    Likes Received:
    0
    How do Australian sites sell pipes and bongs if it’s illegal? What is stopping them from getting caught?
     
  4. Tim W

    Tim W Lawyer
    LawTap Verified

    Joined:
    28 April 2014
    Messages:
    3,273
    Likes Received:
    669
    Lax enforcement, mostly.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
Loading...

Share This Page

Loading...
gt;