Parliament Introduces Juvenile Knife Sale Ban Laws

Minister for Police and Corrective Services and Minister for Fire and Emergency Services The Honourable Mark Ryan
  • Amendments to legislation will see a ban on sale of knives and other items to juveniles aimed to enhance public safety and reduce youth offending.
  • Prohibition of knives and other items to be sold or advertised a way that suggests it is "suitable for combat".
  • Using false identification to purchase these weapons will become an offence, with a maximum penalty of 25 penalty units or $3,870.

Proposed amendments to legislation that would see the sale of knives to juveniles become an offence, have been introduced to parliament.

Designed to protect the community and minimise offending by reducing young people's access to certain items, the legislation will prohibit the sale of 'controlled items' including for example, knives, replica firearms such as certain gel blasters, axes and machetes to anyone under the age of 18.

The proposed new laws include a maximum penalty of 140 penalty units, or $21,672, if a person sells a knife or other controlled item to a juvenile.

If that seller fails to prohibit the sale of a controlled item a second time, the maximum penalty doubles to 280 penalty units or $43,344 and further increases to 420 penalty units or $65,016 for three or more offences.

Retailers will face further penalties if they fail to display signage regarding new legislation (20 penalty units) and do not properly secure particular controlled items (50 penalty units).

The laws further seek to make it an offence for someone to falsely represent themselves to be over the age of 18 to purchase a controlled item, with a proposed maximum penalty of 25 penalty units or $3,870.

To further curb the notoriety of weapon possession among juveniles, it will be prohibited for knives and other items to be sold or advertised in a way that suggests the item is 'suitable for combat', intended to be used for violence, or likely to stimulate or encourage violent or criminal behaviour. This offence has a proposed maximum penalty of 25 penalty units or $3,870.

The amendments aim to reduce the accessibility of these dangerous items to young people, disrupting and deterring violent offences, therefore enhancing community safety.

Quotes attributable to Police Minister Mark Ryan:

"The Queensland Government is committed to prioritising the safety and wellbeing of Queenslanders."

"These proposed laws will be another tool to prevent potentially dangerous items from getting into the hands of young offenders, to protect the public."

"Retailers found to be breaching the ban could face a penalty of more than $20,000 for a first offence."

"We would not be here, with these legislative amendments before parliament, without the advocacy of the Beasleys."

"Our gratitude goes out to them, for spearheading the fight against knife crime and helping us put Queensland on the map as nation-leading in this space.

"I also want to thank the various retailer stakeholders who have worked positively with the government on this community safety initiative."

Quotes attributable to Police Commissioner Katarina Carroll:

"The Queensland Police Service welcomes these proposed laws as another instrument for police to use in ensuring the best protection of the community."

"These laws reducing access to weapons, will no doubt save lives and prevent senseless violence involving young offenders."

"The prohibition of advertisement of weapons in a violent manner, will help us combat the notoriety of being armed."

"While ensuring retailers are required to properly secure controlled weapons, will make it even harder for dangerous items to end up in the wrong hands."

Quotes attributable to Queensland Police Union President Ian Leavers:

"These new laws add an element of common sense helping to reduce the number of knives and replica weapons in the hands of juveniles and giving retailers firm support in refusing sales to Under 18's.

"Through my work in the Juvenile Aid Bureau I saw the hurt and suffering that can come when weapons are used by young people in a fit of rage that then cripples the victims, offenders and their families with lifelong consequences. I've never heard a justifiable excuse for any child to carry a weapon.

"These new laws will make it safer for frontline police and assist officers in protecting the community."

Quotes attributable to Shop Distributive and Allied Employees Association Queensland Branch State Secretary Chris Gazenbeek:

"The SDA the union for retail workers welcome these changes because the safety of our members who work in thousands of retails outlets across Queensland is paramount.

"And not only will the restricted sale of knives benefit our members, it will also lead to better safety outcomes for the broader community and that is a very good outcome.

"Unfortunately, customer abuse and violence has been increasing in the retail sector and we applaud all measures that work towards keeping our members and the community safe."

Quotes attributable to Theo Foukkare CEO Australian Association of Convenience Stores (AACS):

"The Australian Association of Convenience Stores (AACS), which represents more than 1500 petrol & convenience stores in QLD congratulates the government on this new legislation.

"Our retail members have welcomed these changes as they will go a long way to reducing access to the use of knives in crime related incidents being experienced across all retail settings.

"This new legislation will ultimately help protect communities & all frontline retail staff.

"We look forward to working with the government & all stakeholders to ensure that this new legislation is clearly understood & implemented correctly."

Quotes attributable to Australian Retailers Association CEO Paul Zahra:

"I want to thank the government for the opportunity to provide feedback on the consultation paper.

"This is an important piece of legislation that will help protect the community with safety a key focus for retailers and their customers and teams. We are pleased to see that the legislation is consistent with that of other jurisdictions with a sufficient implementation period and crafted to assist retailers in fulfilling their obligations efficiently," said Mr Zahra

"Awareness and training will be a key part of the success of this change and we are pleased to see this acknowledged by the Government and look forward to working closely with our retail community to make sure there is strong awareness of the new practices."

Quotes attributable to Dan Tyne, Director Ausgel International:

"The Gel Blaster industry as a whole is generally supportive of this move to impose a restriction on the sale of gel blasters to minors under the age of 18.

"We believe it will promote community safety while continuing to allow gel blaster enthusiasts to continue to enjoy the gel blaster sport in a safe manner."

Explainer:

  • 1 penalty unit = $154.80 (as at 2023)
  • Under proposed new laws the Queensland Government will introduce to parliament:
    • It will become an offence for a person to sell knives and other controlled items (including gel blasters) to juveniles.
      • Maximum penalty (first offence) – 140 penalty units
      • Maximum penalty (second offence) – 280 penalty units
      • Maximum penalty (third or later offence) – 420 penalty units
    • Commercial sellers will be required to instruct employees regarding the new prohibition against selling controlled items to juveniles, failure to do so faces:
      • Maximum penalty – 40 penalty units
    • It will become an offence for an employee to sell controlled items to juveniles.
      • Maximum penalty (first offence) – 20 penalty units
      • Maximum penalty (second or later offence) – 40 penalty units
    • It will become an offence for a person to falsely represent themselves as having attained the age of 18 to purchase these controlled items.
      • Maximum penalty – 25 penalty units
    • It will become an offence to advertise or sell controlled items that are marketed or made in a way which suggests the item is 'suitable for combat'.
      • Maximum penalty – 25 penalty units
    • Retailers will be required to securely store particular items prior to sale.
      • Maximum penalty – 50 penalty units
    • Retailers will be required to display signage regarding age restriction for sales.
      • Maximum penalty – 20 penalty units
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