Summary Offences (Unlawful Selling of Knives) Amendment Bill 2024 (SA)

South Australia Summary Offences (Unlawful Selling of Knives) Amendment Bill 2024 A Bill For An Act to amend the Summary Offences Act 1953.

Contents Part 1—Preliminary 1 Short title 2 Commencement Part 2—Amendment of Summary Offences Act 1953 3 Amendment of section 21D—Unlawful selling or marketing of knives

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Summary Offences (Unlawful Selling of Knives) Amendment Act 2024. 2—Commencement This Act comes into operation on a day to be fixed by proclamation.

Part 2—Amendment of Summary Offences Act 1953 3—Amendment of section 21D—Unlawful selling or marketing of knives (1) Section 21D(2)(c)—delete "of or above the age of 16 years." and substitute: 16 or 17 years of age; and (2) Section 21D(2)—after paragraph (c) insert: (d) had the minor been 16 or 17 years of age, the seller would have had a reasonable excuse to sell the knife to the minor. (3) Section 21D—after subsection (2) insert: (2a) A person who, without reasonable excuse, sells a knife to a minor who is 16 or 17 years of age is guilty of an offence. Maximum penalty: $20 000 or imprisonment for 2 years. (2b) For the purposes of subsection (2)(d) and subsection (2a), it is a reasonable excuse for a person to sell a knife to a minor who is 16 or 17 years of age if the person is satisfied that the minor reasonably requires the knife for— (a) the lawful pursuit of an occupation, education or training; or (b) any construction, renovation, restoration or maintenance activity that does not constitute an offence against this or any other Act; or (c) the preparation or consumption of food; or (d) any purpose prescribed by regulation. (2c) It is a defence to prosecution for an offence against subsection (1) or (2a) to prove that— (a) the seller requested the minor to produce evidence of age of a kind prescribed by regulation; and (b) the minor made a false statement or produced false evidence in response to that request; and (c) in consequence, the seller reasonably assumed that the minor was of or above the age of 18 years. (4) Section 21D(3)—after "subsection (2)(a)" insert: or (2c)(a)