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QLD Commercial Law - Legal to Sell Bongs Online in QLD?

Discussion in 'Commercial Law Forum' started by Matthew scott, 27 January 2016.

  1. Matthew scott

    Matthew scott Member

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    Hi, I was wanting to start up an online bong shop in QLD and wanted to check if it's legal under Commercial Law. Shops commonly have them in their windows and there are already quite a few online shops doing exactly this, but they seem to all be in NSW, ACT, Tasmania, but not here in OLD.

    I wanted to make sure I wasn't going to be breaking the law in any way. I'm going to start a shop selling pipes (waterless glass pipes that nearly every tobacco shops sells). I'm sure they are legal, but this question remains around bongs (a device which you draw smoke through water). Most of the online shops that currently sell them make no effort to hide what they are doing or what the item are used, so I thought it would be legal but maybe not to run the company from certain states.

    If anyone could help out that would be great.
     
  2. Sophea

    Sophea Well-Known Member

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    Hi there,
    The Tobacco and Other Smoking Products Act 1998 states at s26ZQ Sale, supply and display of bongs:

    "(1) A person must not—
    (a) sell a bong or a component of a bong; or
    (b) supply a bong, or a component of a bong, as part of a business activity; or
    (c) display a bong, or a component of a bong— (i) in a shop; or (ii) near, and in connection with, a shop.

    Note— ‘Sell’ in paragraph (a) includes expose for sale. See the schedule, definition sell.
    Maximum penalty—140 penalty units.
    (2) It is a defence for the person to prove that a bong, or a component of a bong, is designed primarily to be used for a purpose other than administering a dangerous drug."


    One penalty unit is about $100 so you are looking at a $14,000 fine.
     
  3. Matthew scott

    Matthew scott Member

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    Yeah,thanks for the info. I paid and got proper legal advice and decided not to go ahead. Bit of a shame but oh well.
     

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