Section 11F Summary Offences Act – Sale of Knives to Children


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The Legislation

Section 11F of the Summary Offences Act 1998 (NSW) is the criminal offence of Sale of Knives to Children and is stated below.

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11F Sale of knives to children

(1) A person who sells a knife to a child under the age of 16 years is guilty of an offence. Maximum penalty: 50 penalty units.

(2) It is a defence (proof of which lies on the person) to a prosecution for an offence under this section that the person selling the knife believed on reasonable grounds that the child was of or above the age of 16 years.

(3) If an employee contravenes subsection (1), the employer is taken to have contravened that subsection, whether or not the employee contravened the provision without the employer’s authority or contrary to the employer’s orders or instructions.

(4) It is a defence to a prosecution against an employer for such a contravention if it is proved:
(a) that the employer had no knowledge of the contravention, and
(b) that the employer could not, by the exercise of due diligence, have prevented the contravention.

(5) An employer may be proceeded against and convicted under subsection (1) by virtue of subsection (3) whether or not the employee has been proceeded against or convicted under subsection (1).

(6) The regulations may provide that this section does not apply to or in relation to any specified class or description of knife.