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Pepper Spray Australia - Legal to Sell?

Discussion in 'Commercial Law Forum' started by Danielsun, 12 January 2015.

  1. Danielsun

    Danielsun Active Member

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    Hello,
    I was wondering if it is legal to sell pepper spray online in Australia?
    I am wondering if it is legal to sell pepper spray (also known as mace spray or capsicum spray) to Western Australians and Tasmanians online, or if permits are required?
    If it is legal to sell pepper spray in the rest of Australia what laws (e.g. Australian Law) and regulations are involved, etcetera?

    Any input will be greatly appreciated. Thank you.
     
  2. Tim W

    Tim W Lawyer
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    No, it isn't.
     
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  3. Danielsun

    Danielsun Active Member

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    I believe it is legal to sell and buy in Western Australia, infact I know it is legal to carry for self defence in Western Australia and that their are a number of companies selling the product. Can I please get a second opinion?
     
  4. Tim W

    Tim W Lawyer
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    The questions you asked were:
    To which the answer is - "No, it isn't".
    This is because, outside of Western Australia, possessing it
    (which you would need to do fulfil an online order)
    is unlawful.
    and
    To which the answer is - "No, it isn't".
    This is because, outside of Western Australia, possessing it
    (which you would need to do fulfil an online order)
    is unlawful.
    The
    Weapons Regulations 1999 (WA) provides for certain limited circumstances
    where an individual possessing cap spray is not committing an offence.
    But that's not the question you asked.
     
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  5. Danielsun

    Danielsun Active Member

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    I do greatly appreciate your advice, but no, it is completely unnecessary to possess pepper spray in order to sell it, in fact it is even unnecessary to even touch the product. Perhaps you could assist me in answering the question again if it is illegal to sell online in light of this new information. A second opinion would as always be greatly appreciated.
     
  6. Danielsun

    Danielsun Active Member

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    I would also like to know what the laws are regarding the importation of pepper spray although I am fairly certain it is damned near impossible to get a permit. The actual relevant laws or even an explanation in mainstream english would be perfect. It would probably even make this a very popular thread?

    Thanks.
     
  7. Sarah J

    Sarah J Well-Known Member

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    Hi Danielsun,

    Importing cap spray is tightly regulated by Australian customs and you will need special permission from customs to import it: see "Prohibited and restricted imports: forearms and weapons"

    To have permission, you must ensure customs that the goods will be used by authorised end users (e.g. police): see "Australian border control service: imports and export controls on anti-personnel sprays"

    Given that possessing cap spray (and other anti-personnel weapons) by the general public is unlawful in all states and territories, importing such sprays for general consumption, knowing that the end-users will be committing a crime by possessing it, and making money off the people who will be breaking the law, is illegal in itself because you are aiding and abetting and perpetuating a crime. Hence, without a permit, importing and selling cap spray is illegal even without express prohibition by Australian customs.
     
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  8. Tim W

    Tim W Lawyer
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    Oh, and just to be clear - you (as the seller)
    can be prosecuted for the offences to which @Sarah J refers
    even if the item itself is delivered to your customer
    by a third party from overseas.
     
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