Tobacco and Vaporisers Control Act 1993 · 2020 Revised Edition · Part 3A · Control of Part 3A Products Containing Specified Psychoactive Substances, and Treatment and Rehabilitation
19G. Offences involving child or young person and Part 3A product containing specified psychoactive substance
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Subject to subsection (4), a person of or above 21 years of age commits an offence if the person, being in possession of any Part 3A product that contains a specified psychoactive substance (called in this section a Part 3A‑SPS product) —
knowingly or recklessly leaves the Part 3A‑SPS product —
exposed in any place; or
in any refrigerator, cupboard, cabinet, box, chest or any other article, that is not locked; and
knows that any child has, or is likely to have, access to —
the place where the Part 3A-SPS product is left exposed; or
the refrigerator, cupboard, cabinet, box, chest or other article in which the Part 3A-SPS product is located.
A person of or above 21 years of age commits an offence if the person, being in possession of any Part 3A-SPS product —
permits a young person to use the Part 3A-SPS product to smoke, inhale or otherwise consume a specified psychoactive substance; or
does not take all reasonable steps to prevent a young person from using the Part 3A-SPS product to smoke, inhale or otherwise consume a specified psychoactive substance.
A person who is guilty of an offence under subsection (1) or (2) shall on conviction be punished with —
imprisonment for a term not exceeding 10 years; or
in the case of a second or subsequent conviction, imprisonment for a term of not less than 2 years and not more than 10 years.
Subsection (1) does not apply in relation to a person who is in possession of any Part 3A-SPS product if the possession of the Part 3A‑SPS product is authorised under this Act.