SPIRITS ACT 1906 (REPEALED)

SECTION 16 (Repealed by 74 of 2006)   PENALTY FOR SELLING ETC ILLICIT METHYLATED SPIRITS  

16(1)
A person shall not:

(a) sell or have in his or her possession any illicit methylated spirits; or

(b) sell or have in his or her possession any article of food or drink, or any scent, essence, tincture or medicine, containing any methylated spirits or methylating substance or any fractional part or ingredient thereof.

Penalty: 50 penalty units.

Note:

See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

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History

S 16(1) amended by No 25 of 2001, s 3 and Sch 5 items 18 and 19, by substituting ``his or her'' for ``his'' in paras (a) and (b), substituting the penalty and inserting the note at the end, effective 4 May 2001. The penalty formerly read:

Penalty: $5,000.

16(2)
In a prosecution for an offence against paragraph (b) of subsection (1) it is a defence if the defendant proves that he or she did not knowingly sell or have in his or her possession the goods forming the subject of the prosecution.

Note:

A defendant bears a legal burden in relation to the matters in subsection (2), see subsection 13.3(3) of the Criminal Code .

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History

S 16(2) amended by No 146 of 2001, s 3 and Sch 4 item 122, applicable to acts and omissions that take place after December 15. If an act or omission is alleged to have taken place between 2 dates, one before and one on or after December 15, the act or omission is alleged to have taken place before December 15.

S 16(2) amended by No 25 of 2001, s 3 and Sch 5 items 20 and 21, by substituting ``he or she'' for ``he'' and ``his or her'' for ``his'', effective 4 May 2001.

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